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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Notices scope of the orders and promptly to transmit its determination to CBP.
Commerce is providing notice of the referral and inviting participation from interested parties.
DATES: Applicable August 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or Yang Jin Chun, AD/CVD
Operations Office VI, Enforcement &
Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
202 4825041 or 202 4825760, respectively.
SUPPLEMENTARY INFORMATION:

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Background On February 24, 2016, the Trade Facilitation and Trade Enforcement Act of 2015 was signed into law, which contains Title IVPrevention of Evasion of Antidumping and Countervailing Duty Orders short title Enforce and Protect Act of 2015 or EAPA Pub. L. 114125, 130 Stat.
122, 155, Feb. 24, 2016. Effective August 22, 2016, section 421 of the EAPA added section 517 to the Tariff Act of 1930, as amended the Act, which establishes a formal process for CBP to investigate allegations of the evasion of AD/CVD orders. Section 517b4A of the Act provides a procedure by which if, during the course of an EAPA investigation, CBP is unable to determine whether the merchandise at issue is covered merchandise within the meaning of section 517a3 of the Act, it shall refer the matter to Commerce to make such a determination. Section 517a3 of the Act defines covered merchandise as merchandise that is subject to an antidumping duty order issued under section 736 of the Act or a countervailing duty order issued under section 706 of the Act. Section 517b4B of the Act states that Commerce, after receiving a covered merchandise referral from CBP, shall determine whether the merchandise is covered merchandise and promptly transmit its determination to CBP. The Act does not establish a deadline within which Commerce must issue its determination.
On May 13, 2021, Commerce received a covered merchandise referral from CBP regarding CBP EAPA Investigation No. 7469 1 which concerns the AD and 1 See Letter from CBP, Re: Covered Merchandise Referral Request for EAPA Investigation 7469, Imported by AA Metals, Inc.: Antidumping and Countervailing Duty Orders on Common Alloy Aluminum Sheet from the Peoples Republic of China, dated May 13, 2021 CBPs EAPA 7469
Letter. Commerce intends to make available this
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CVD orders on common alloy aluminum sheet from the Peoples Republic of China China.2 CBP explained that Texarkana Aluminum, Inc. TKA
alleged that AA Metals, Inc. AA Metals imported Chinese-origin aluminum sheet into the United States that was transshipped through Turkey after minor processing, and falsely declared it as Turkish-origin.3 CBP stated that TKA
alleged that AA Metals imported Chinese aluminum sheet that was rerolled to a thinner thickness in Turkey by Turkish producers PMS Metal Profil Aluminyum San. ve Tic. A.S
. PMS and Teknik Aluminyum Sanayi A.S
. Teknik.4 CBPs Office of Trade initiated an EAPA investigation on June 30, 2020, based on the evidence in the allegation submitted by TKA that reasonably suggested that AA Metals entered aluminum sheet into the customs territory of the United States by means of evasion.
CBP informed Commerce that CBP is unable to determine whether the merchandise at issue is covered merchandise due to the third country processing in two scenarios: 1
Chinese-origin aluminum sheet of a thickness a little greater than covered by the scope re-rolled in Turkey to a thickness covered by the scope; and 2
Chinese-origin aluminum sheet of a thickness covered by the scope re-rolled in Turkey to a thickness covered by the scope. CBP further informed Commerce that AA Metals argues that the Chineseorigin aluminum sheet further processed in Turkey is not subject to the Orders.5
Notification to Interested Parties Commerce is hereby notifying interested parties that it has received the covered merchandise referral referenced above, it will begin new segments of the proceedings, and intends to issue a determination regarding whether the merchandise subject to the referral is covered merchandise within the meaning of section 517a3 of the Act.
Additionally, Commerce intends to provide interested parties with the opportunity to participate in these segments of the proceedings, including document and any supporting documents on Enforcement and Compliances Antidumping Duty and Countervailing Duty Centralized Electronic Service System ACCESS within five days of publication of this notice.
2 See Common Alloy Aluminum Sheet from the Peoples Republic of China: Antidumping Duty Order, 84 FR 2813 February 8, 2019; Common Alloy Aluminum Sheet from the Peoples Republic of China: Countervailing Duty Order, 84 FR 2157
February 6, 2019 collectively, the Orders.
3 See CBPs EAPA 7469 Letter at 12.
4 Id. at 2.
5 Id. at 23.

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through the submission of comments, and, if appropriate, new factual information and verification.
Specifically, Commerce will notify parties on the segment-specific service lists for these segments of the proceedings of a schedule for comments. In addition, Commerce may request factual information from any person to assist in making its determination and may verify submissions of factual information, if Commerce determines that such verification is appropriate. Commerce intends to issue a final determination within 120 days of the publication of this notice this deadline may be extended if it is not practicable to complete the final determination within 120 days and will promptly transmit its final determination to CBP in accordance with section 517b4B of the Act.
Commerce may consider conducting a separate anti-circumvention inquiry regarding the merchandise described in CBPs covered merchandise referral, if parties submit the necessary information addressing the criteria for an anti-circumvention inquiry, in accordance with section 781 of the Act.
Interested parties are requested to file such comments and information onto the record of this proceeding within 30
days of the publication of this notice in the Federal Register.
Parties are also hereby notified that this may be the only notice that Commerce intends to publish in the Federal Register concerning this covered merchandise referral. Interested parties that wish to participate in these segments of the proceedings, and receive notice of the final determination, must submit their letters of appearance as discussed below.
Further, any party desiring access to business proprietary information in these segments of the proceedings must file an application for access to business proprietary information under administrative protective order APO, as discussed below.
Finally, we note that covered merchandise referrals constitute a new type of segment of a proceeding at Commerce, and therefore Commerce intends to develop its practice and procedures in this area as it gains more experience.
Scope of the Orders The merchandise covered by these orders is aluminum common alloy sheet common alloy sheet, which is a flatrolled 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
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