Aluminum Sheet: Prelim AD Cash Deposit Rates Take Effect for 18 Countries
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of common alloy aluminum sheet from Bahrain (A-525-001), Brazil (A-351-854), Croatia (A-891-001), Egypt (A-729-803), Germany (A-428-849), Greece (A-484-804), India (A-533-895), Indonesia (A-560-835), Italy (A-475-842), South Korea (A-580-906), Oman (A-523-814), Romania (A-485-809), Serbia (A-801-001), Slovenia (A-856-001), South Africa (A-791-825), Spain (A-469-820), Taiwan (A-583-867) and Turkey (A-489-839), are being sold in the U.S. at less than fair value. The agency will generally impose AD duty cash requirements on entries of subject merchandise beginning on Oct. 15, 2020, though cash deposit requirements take effect retroactively for Indonesian companies beginning on July 17, 2020, it said in notices released Oct. 14.
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Commerce is also conducting countervailing duty investigations on common alloy aluminum sheet from Bahrain, Brazil, India and Turkey. Suspension of liquidation and CV duty cash deposit requirements took effect Aug. 14 for all companies from Bahrain and India, and some companies from Brazil and Turkey (see 2008130017). Retroactive suspension of liquidation and CV duty cash deposit requirements apply to a Turkish company, Assan Aluminiyum, and its affiliates Kibar and Kibar Holding. Another Turkish company, Teknik Aluminiyum, and its affiliate TAC Metal, as well as a single Brazilian company, Novelis, are exempt from CV duty suspension of liquidation and cash deposit requirements, though they will now become subject to suspension of liquidation and AD duty cash deposit requirements as a result of these preliminary determinations.
Commerce calculated a zero percent AD duty rate for Manaksia Aluminium in its preliminary determination for India, and for Laminazione Sottile in its preliminary determination for Italy. If Commerce continues to set zero rates for these companies (or any other exporter) in its final determinations, they will be exempt from any AD duty order issued in connection with these respective investigations. Commerce will not suspend liquidation for these companies at this time, nor require any AD duty cash deposits, though Manaksia Aluminium is still subject to CV duty suspension of liquidation and cash deposit requirements.
Commerce Clarifies Scope Coverage of Can Stock, Unregistered Alloys
In response to comments, Commerce is amending the scope to clarify coverage of aluminum can stock and unregistered, proprietary and non-proprietary alloys.
The agency is adding H-391 temper can stock to its list of aluminum can stock that is outside the scope of AD duties. The amended scope language says, “Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-19, H-41, H-48, H-39, or H-391 temper.”
Commerce is also amending the scope to clarify that, regardless of a producer’s use of an internal alloy specification, whether proprietary or non-proprietary, the product is in-scope if it meets the Aluminum Association’s alloy designations for 1XXX-, 3XXX-, or 5XXX-series alloys or is a clad product produced from a core that meets those designations. As added to the end of the first paragraph of the scope, the new language is as follows: “The use of a proprietary alloy or non-proprietary alloy that is not specifically registered by the Aluminum Association as a discrete 1XXX-, 3XXX-, or 5XXX-series alloy, but that otherwise has a chemistry that is consistent with these designations, does not remove an otherwise in-scope product from the scope.”
Finally, Commerce clarified that non-rectangular sheets are not covered by the scope of these AD duty investigations. However, the agency found that the scope already reflects this, and no change is necessary. Commerce did note that sheet that have had their edges rounded for no functional purpose in order to fall outside the scope of these investigations would be considered subject merchandise.
​Critical Circumstances for Indonesia; Cash Deposits Retroactive 90 Days
Commerce made a finding that all exporters of subject merchandise in Indonesia increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require AD duty cash deposits for subject merchandise from Indonesian companies to 90 days before the preliminary determination, i.e., July 17. Otherwise, AD duty suspension of liquidation and cash deposit requirements take effect Oct. 15 for the 17 other countries for which Commerce is issuing preliminary determinations, though Commerce made negative critical circumstances findings for Indonesia, Oman and Taiwan that it could reverse in its final determinations (and impose retroactive AD duties).
AD Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below (suspension of liquidation is already in effect for CV duty purposes for Bahrain, India, and most Brazilian and Turkish companies), and require cash deposits at the following rates:
Bahrain
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Gulf Aluminium Rolling Mill B.S.C. | 4.21% | 10/15/20 |
| All others | 4.21% | 10/15/20 |
Brazil
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Companhia Brasileira de Aluminio | 136.78% | 135.63% | 10/15/20 |
| Novelis do Brasil Ltda. | 49.48% | 49.48% | 10/15/20 |
| All others | 49.48% | 49.43% | 10/15/20 |
*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate.
Croatia
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Impol d.o.o. / Impol-TLM d.o.o. | 3.22% | 10/15/20 |
| All others | 3.22% | 10/15/20 |
Egypt
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Aluminium Co. of Egypt (Egyptalum) / Egyptian Copper Works Company | 10.42% | 10/15/20 |
| All others | 10.42% | 10/15/20 |
Germany
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Hydro Aluminium Rolled Products GmbH | 352.71 | 10/15/20 |
| Novelis Deutschland GmbH | 51.18% | 10/15/20 |
| All others | 51.18% | 10/15/20 |
Greece
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Elval Hellenic Aluminum Industry S.A. / Elval Colour S.A./ Symetal S.A | 2.72% | 10/15/20 |
| All others | 2.72% | 10/15/20 |
India
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Hindalco Industries Limited | 47.92% | 44.59% | 10/15/20 |
| Manaksia Aluminium Company Limited | zero | N/A | N/A |
| All others | 47.92% | 44.59% | 10/15/20 |
*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate.
Indonesia
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Pt. Alumindo Light Metal Industry Tbk | 32.12% | 07/17/20 |
| All Others | 32.12% | 07/17/20 |
Italy
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Laminazione Sottile S.p.A. | zero | N/A |
| Profilglass S.p.A. | 29.13% | 10/15/20 |
| All others | 14.57% | 10/15/20 |
Oman
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Oman Aluminium Rolling Company (OARC) | 3.53% | 10/15/20 |
| All Others | 3.53% | 10/15/20 |
Romania
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Alro, SA | 83.94% | 10/15/20 |
| All others | 12.51% | 10/15/20 |
Serbia
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Impol Seval, a.d./Impol d.o.o. | 11.24% | 10/15/20 |
| Otovici Doo | 25.84% | 10/15/20 |
| All others | 11.24% | 10/15/20 |
Slovenia
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Impol d.o.o./Impol FT, d.o.o. | 4.8% | 10/15/20 |
| All others | 4.8% | 10/15/20 |
South Africa
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Hulamin Operations (Pty) Ltd. | 8.98% | 10/15/20 |
| All others | 8.98% | 10/15/20 |
South Korea
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Novelis Korea Limited / Ulsan Aluminum Limited | 5.04% | 10/15/20 |
| All others | 5.04% | 10/15/20 |
Spain
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| Aludium Transformacion de Productos, S.L. | 3.75% | 10/15/20 |
| Compania Valenciana de Aluminio Baux S.L.U. / Bancolor Baux S.L.U. | 23.32% | 10/15/20 |
| All others | 3.75% | 10/15/20 |
Taiwan
| Exporter/Producer | AD Rate | Sus. Liq. |
|---|---|---|
| CSAC | 18.02% | 10/15/20 |
| All others | 18.02% | 10/15/20 |
Turkey
| Exporter/Producer | AD Rate | Adjusted* | Sus. Liq. |
|---|---|---|---|
| Assan Aluminyum Sanayi ve Ticaret A.S. | 12.65% | 12.11% | 10/15/20 |
| Teknik Aluminyum Sanayi A.S. | 12.9% | 12.9% | 10/15/20 |
| All others | 12.71% | 12.3% | 10/15/20 |
*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate.
(The period of investigation is 01/01/19 - 12/31/19. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, etc. See 2004060024 for summary of the initiation of this AD duty investigation, and 2003090046 for summary of the underlying petition.)