• Effective Date: Apr 26, 2021
  • Period of Review: Jan 01, 2019 to Dec 31, 2019
  • Cite as: 86 FR 22144 • Cite date: Apr 27, 2021
1. This is a correction to message 1119401, dated 04/29/2021, to correct paragraphs 3, 4, and 6 of that message. 2. Paragraphs 3, 4, and 6 of message 1119401 contain incorrect information regarding the names and/or the ACE company-specific case numbers for the producing and/or exporting entities. Below is the fully corrected message. 3. On 04/27/2021, Commerce published in the Federal Register its countervailing duty order on common alloy aluminum sheet (common alloy sheet) from the Republic of Turkey (Turkey) (86 FR 22144). 4. The merchandise covered by this order is common alloy aluminum sheet, which is a flat-rolled aluminum product having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils or cut- to-length, regardless of width. Common alloy sheet within the scope of this order includes both not clad aluminum sheet, as well as multi-alloy, clad aluminum sheet. With respect to not clad aluminum sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-series alloy as designated by the Aluminum Association. With respect to multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 3XXX-series core, to which cladding layers are applied to either one or both sides of the core. 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. Common alloy sheet may be made to ASTM specification B209-14 but can also be made to other specifications. Regardless of specification, however, all common alloy sheet meeting the scope description is included in the scope. Subject merchandise includes common alloy sheet that has been further processed in a third country, including but not limited to annealing, tempering, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of this order if performed in the country of manufacture of the common alloy sheet. Excluded from the scope of this order is aluminum can stock, which is suitable for use in the manufacture of aluminum beverage cans, lids of such cans, or tabs used to open such cans. Aluminum can stock is produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-l9, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a lubricant applied to the flat surfaces of the can stock to facilitate its movement through machines used in the manufacture of beverage cans. Aluminum can stock is properly classified under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 7606.12.3055. Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set for the above. Common alloy sheet is currently classifiable under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3096, 7606.12.6000, 7606.91.3095, 7606.91.6095, 7606.92.3035, and 7606.92.6095. Further, merchandise that falls within the scope of this order may also be entered into the United States under HTSUS subheadings 7606.11.3030, 7606.12.3015, 7606.12.3025, 7606.12.3035, 7606.12.3091, 7606.91.3055, 7606.91.6055, 7606.92.3025, 7606.92.6055, 7607.11.9090. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive. 5. For imports of common alloy sheet from Turkey, CBP shall suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 04/26/2021 (the date of publication of the International Trade Commission final determination in the Federal Register) for the companies listed below. Effective 04/26/2021, CBP shall require a cash deposit equal to the percentages identified below. Producer and/or Exporter: All-Others Case Number: C-489-840-000 Subsidy Rate: 3.45 percent Producer and/or Exporter: Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Holding A.S.; Kibar Dis Ticaret A.S. Case Number: C-489-840-001 Subsidy Rate: 2.56 percent 6. For imports of common alloy sheet from Turkey, CBP shall continue to suspend liquidation of entries of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 03/08/2021 (the date of publication of Commerce's final determination in the Federal Register). See message 2227403, dated 08/15/2022. Effective 03/08/2021, CBP shall require a cash deposit equal to the percentage identified below. Producer and/or Exporter: Teknik Aluminyum Sanayi A.S.; TAC Metal Ticaret A.S. Case Number: C-489-840-003 Subsidy Rate: 4.34 percent 7. The U.S. International Trade Commission (ITC) determined that critical circumstances do not exist with respect to subject imports from Turkey. As a result of the ITC's negative determination of critical circumstances, Commerce will direct CBP in separate instructions to refund all cash deposits collected on entries of common alloy sheet from Turkey which were entered, or withdrawn from warehouse, for consumption on or after 05/16/2020 (the day suspension began for critical circumstances) and before 08/14/2020 (the day on which suspension began without critical circumstances, see message 0237401, dated 08/24/2020). The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVII:GHC) 9. There are no restrictions on the release of this information. Alexander Amdur