Certain Aluminum Foil From the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 67711-67717 [2020-23673]
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Federal Register / Vol. 85, No. 207 / Monday, October 26, 2020 / Notices
rebuttal briefs should be filed using
ACCESS.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, within 30
days of the date of publication of this
notice.15 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal briefs. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.16 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
which will include the results of our
analysis of all issues raised in the case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results of this
review, Commerce shall determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries covered by
this review.17 Commerce intends to
issue assessment instructions to CBP 15
days after the date of publication of the
final results of this review.
In accordance with 19 CFR
351.212(b)(1), we are calculating
importer- or customer- specific
assessment rates for the merchandise
subject to this review. For any
individually examined respondent
whose weighted-average dumping
margin is above de minimis (i.e., 0.50
percent), Commerce will calculate
importer-specific assessment rates on
the basis of the ratio of the total amount
of dumping calculated for the importer’s
examined sales and the total entered
value of sales.18 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate is above de minimis.
Where either the respondent’s weighted14 See
19 CFR 351.303.
19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See 19 CFR 351.212(b)(1).
18 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
average dumping margin is zero or de
minimis, or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries that were not reported in
the U.S. sales database submitted by an
exporter individually examined during
this review, Commerce will instruct
CBP to liquidate such entries at the
China-wide rate. Additionally, if
Commerce determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the China-wide rate.19
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
the exporter listed above, the cash
deposit rate will be the rate established
in the final results of this review
(except, if the rate is zero or de minimis,
a zero cash deposit rate will be required
for that company); (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
existing producer/exporter-specific
combination rate published for the most
recent period; (3) for all Chinese
exporters of subject merchandise that
have not been found to be eligible for a
separate rate, the cash deposit rate will
be the PRC-wide rate of 285.63
percent; 20 and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter(s)
that supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
15 See
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19 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
20 See Notice of Final Determination of Sales at
Less Than Fair Value: Chlorinated Isocyanurates
from the People’s Republic of China, 70 FR 24502,
24505 (May 10, 2005).
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67711
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 19 CFR 351.221(b)(4).
Dated: October 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2020–23661 Filed 10–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–831–804, A–351–856, A–523–815, A–821–
828, A–489–844]
Certain Aluminum Foil From the
Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian
Federation, and the Republic of
Turkey: Initiation of Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable October 19, 2020.
FOR FURTHER INFORMATION CONTACT:
Margaret Collins at (202) 482–6250 (the
Republic of Armenia (Armenia)); George
McMahon at (202) 482–1167 (Brazil);
Benjamin Smith at (202) 482–2181 (the
Sultanate of Oman (Oman)); Mike
Heaney at (202) 482–4475 (the Russian
Federation (Russia)); Christopher
Williams at (202) 482–5166 (the
Republic of Turkey (Turkey)); AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 29, 2020, the
Department of Commerce (Commerce)
received antidumping duty (AD)
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petitions concerning imports of certain
aluminum foil (aluminum foil) from
Armenia, Brazil, Oman, Russia, and
Turkey filed in proper form on behalf of
the petitioners,1 domestic producers of
aluminum foil.2 The Petitions were
accompanied by countervailing duty
(CVD) petitions concerning imports of
aluminum foil from Oman and Turkey.3
On October 2, 2020, Commerce
requested supplemental information
pertaining to certain aspects of the
Petitions in separate supplemental
questionnaires.4 The petitioners filed
responses to the supplemental
questionnaires on October 6, 2020.5
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of aluminum foil from Armenia, Brazil,
Oman, Russia, and Turkey are being, or
are likely to be, sold in the United States
at less than fair value (LTFV) within the
meaning of section 731 of the Act, and
that imports of such products are
materially injuring, or threatening
material injury to, the aluminum foil
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petitions are accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (E) of
the Act.
Commerce also finds that the
petitioners demonstrated sufficient
1 The Aluminum Association Trade Enforcement
Working Group and its individual members,
Gra¨nges Americas Inc., JW Aluminum Company,
and Novelis Corporation (collectively, the
petitioners). The petitioners indicated that Novelis
Corporation acquired Aleris Corporation (including
all of Aleris’ aluminum foil-related operations),
effective April 14, 2020. See Volume I of the
Petitions at 1, footnote 1.
2 See Petitioners’ Letter, ‘‘Certain Aluminum Foil
from Armenia, Brazil, Oman, Russia, and Turkey—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated September 29, 2020
(the Petitions).
3 Id.
4 See Commerce’s Letters, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Certain Aluminum Foil from Armenia, Brazil,
Oman, Russia, and Turkey: Supplemental
Questions,’’ dated October 2, 2020 (General Issues
Supplemental); and Country-Specific Supplemental
Questionnaires: Armenia Supplemental, Brazil
Supplemental, Oman Supplemental, Russia
Supplemental, and Turkey Supplemental, dated
October 2, 2020.
5 See Petitioners’ Country-Specific Supplemental
Responses, dated October 6, 2020; see also
Petitioners’ Letter, ‘‘Certain Aluminum Foil from
Armenia, Brazil, Oman, Russia, and Turkey—
Petitioners’ Amendments to Volume I Relating to
General Issues,’’ dated October 6, 2020 (General
Issues Supplement).
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industry support for the initiation of the
requested AD investigations.6
Periods of Investigation
Because the Petitions were filed on
September 29, 2020, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the Brazil, Oman,
Russia, and Turkey AD investigations is
July 1, 2019 through June 30, 2020.
Because Armenia is a non-market
economy (NME) country, pursuant to
351.204(b)(1), the POI for the Armenia
investigation is January 1, 2020 through
June 30, 2020.
Scope of the Investigations
The product covered by these
investigations is aluminum foil from
Armenia, Brazil, Oman, Russia, and
Turkey. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
On October 2 and 16, 2020,
Commerce requested information from
the petitioners regarding the proposed
scope to ensure that the scope language
in the Petitions is an accurate reflection
of the products for which the domestic
industry is seeking relief.7 On October
16, 2020, the petitioners revised the
scope.8 The description of merchandise
covered by these investigations, as
described in the appendix to this notice,
reflects these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).9 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on November 9,
2020, which is the next business day
after 20 calendar days from the
6 See infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
7 See General Issues Supplemental at 3–4; see also
Memorandum, ‘‘Phone Call with Counsel to the
Petitioners,’’ dated October 16, 2020 (Scope Call
Memorandum) at 1–2.
8 See Scope Call Memorandum at 1–2.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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signature date of this notice.11 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on November 19, 2020,
which is 10 calendar days from the
initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during this
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.12 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of aluminum foil to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant costs of production accurately,
as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) General
11 The 20-day deadline falls on November 8, 2020,
which is a Sunday. Therefore, in accordance with
the Next Business Day Rule, the deadline moves to
the next business day, November 9, 2020. See
Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, as Amended,’’ 70 FR 24533 (May 10, 2008)
(Next Business Day Rule).
12 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
aluminum foil, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on November
9, 2020, which is the next business day
after 20 calendar days from the
signature date of this notice.13 Any
rebuttal comments must be filed by 5:00
p.m. ET on November 19, 2020. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) Poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
13 See 19 CFR 351.303(b)(1). The 20-day deadline
falls on November 8, 2020, which is a Sunday.
Therefore, in accordance with the Next Business
Day Rule, the deadline moves to the next business
day, November 9, 2020. See id. Next Business Day
Rule.
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(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The International Trade
Commission (ITC), which is responsible
for determining whether ‘‘the domestic
industry’’ has been injured, must also
determine what constitutes a domestic
like product in order to define the
industry. While both Commerce and the
ITC must apply the same statutory
definition regarding the domestic like
product,14 they do so for different
purposes and pursuant to a separate and
distinct authority. In addition,
Commerce’s determination is subject to
limitations of time and information.
Although this may result in different
definitions of the like product, such
differences do not render the decision of
either agency contrary to law.15
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.16 Based on our analysis
of the information submitted on the
record, we have determined that
aluminum foil, as defined in the scope,
constitutes a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.17
14 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
16 See Volume I of the Petitions at 12–13 and
Exhibit GEN–9 (containing Aluminum Foil from
China, Inv. Nos. 701–TA–570 and 731–TA–1346
(Final), USITC Pub. 4771 (April 2018) (ITC
Aluminum Foil Final) at 10–16).
17 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see country-specific AD
Initiation Checklists at Attachment II, Analysis of
Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Certain
Aluminum Foil from Armenia, Brazil, Oman,
Russia, and Turkey (Attachment II). These
15 See
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67713
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the 2019 production of the
domestic like product by U.S. producers
that support the Petitions.18 The
petitioners estimated the production of
the domestic like product for the
remaining U.S. producers of aluminum
foil based on the Aluminum
Association’s knowledge of the
industry.19 We relied on data provided
by the petitioners for purposes of
measuring industry support.20
Our review of the data provided in the
Petitions, the General Issues
Supplement, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.21
First, the Petitions established support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).22 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.23 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
checklists are dated concurrently with this notice
and on file electronically via ACCESS.
18 See Volume I of the Petitions at 4–5 and Exhibit
GEN–1; see also General Issues Supplement at 4–
5.
19 Id. at 4–5 and Exhibits GEN–1, GEN–2, and
GEN–3; see also General Issues Supplement at 4–
5.
20 Id. at 4–5 and Exhibits GEN–1 and GEN–3.
21 Id. at 2–5 and Exhibits GEN–1, GEN–2, and
GEN–3; see also General Issues Supplement at 4–
5.
22 Id.; see also section 732(c)(4)(D) of the Act.
23 See Volume I of the Petitions at 4–5 and
Exhibits GEN–1, GEN–2, and GEN–3 see also
General Issues Supplement at 4–5. For further
discussion, see Attachment II of the countryspecific AD Initiation Checklists.
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the Petitions.24 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.25
for, aluminum foil produced in and
exported from each country. The
petitioners made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price.29
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.26
The petitioners contend that the
industry’s injured condition is
illustrated by a significant and
increasing volume of subject imports;
reduced market share; underselling and
price depression or suppression; lost
sales and revenues; declining domestic
production, shipments, and capacity
utilization; negative effects on domestic
industry employment; and a decline in
financial performance and
profitability.27 We have assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.28
Normal Value 30
For Brazil, Oman, Russia, and Turkey,
the petitioners based NV on home
market price quotes obtained through
market research for aluminum foil
produced in and sold, or offered for
sale, in each country within the
applicable time period.31
Commerce considers Armenia to be a
non-market economy (NME) country.32
In accordance with section 771(18)(C)(i)
of the Act, any determination that a
foreign country is an NME country shall
remain in effect until revoked by
Commerce. Therefore, we continue to
treat Armenia as an NME country for
purposes of the initiation of this
investigation. Accordingly, NV in
Armenia is appropriately based on
factors of production (FOPs) valued in
a surrogate market economy country, in
accordance with section 773(c) of the
Act.
The petitioners claim that South
Africa is an appropriate surrogate
country for Armenia because South
Africa is a market economy country that
is at a level of economic development
comparable to that of Armenia and is a
significant producer of identical
merchandise. The petitioners provided
publicly available information from
South Africa to value all FOPs. Based on
the information provided by the
petitioners, we determine that it is
appropriate to use South Africa as a
surrogate country for initiation
purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
AD investigations of imports of
aluminum foil from Armenia, Brazil,
Oman, Russia, and Turkey. The sources
of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the country-specific AD
Initiation Checklists.
U.S. Price
For Armenia, Brazil, Oman, Russia,
and Turkey, the petitioners based export
price (EP) or constructed export price
(CEP), as applicable, on pricing
information for sales of, or sales offers
24 Id.
25 Id.
26 See Volume I of the Petitions at 14–15 and
Exhibit GEN–10.
27 See Volume I of the Petitions at 18–32 and
Exhibits GEN–7 and GEN–10 through GEN–15.
28 See country-specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Certain Aluminum Foil from Armenia,
Brazil, Oman, Russia, and Turkey (Attachment III).
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29 See
country-specific AD Initiation Checklists.
accordance with section 773(b)(2) of the Act,
for the Brazil, Oman, Russia, and Turkey
investigations, Commerce will request information
necessary to calculate the constructed value and
cost of production (COP) to determine whether
there are reasonable grounds to believe or suspect
that sales of the foreign like product have been
made at prices that represent less than the COP of
the product.
31 See country-specific AD Initiation Checklists.
32 Armenia, formerly part of the Union of Soviet
Socialist Republics (USSR), assumed the NME
status of the USSR upon the dissolution of the
USSR, and, at that time, Commerce explained that
such status would remain in effect until revoked.
See Preliminary Determinations of Sales at Not Less
Than Fair Value: Uranium from Armenia,
Azerbaijan, Belarus, Georgia, Moldova and
Turkmenistan, 57 FR 23380, 23383 (June 3, 1992).
To date, Commerce has not revoked the NME status
of Armenia.
30 In
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information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by
Armenian producers/exporters was not
reasonably available, the petitioners
used their own product-specific
consumption rates as a surrogate to
value Armenian manufacturers’ FOPs.33
Additionally, the petitioners calculated
factory overhead; selling, general and
administrative expenses; and profit
based on the experience of a South
African producer of identical
merchandise.34
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of aluminum foil from
Armenia, Brazil, Oman, Russia, and
Turkey are being, or are likely to be,
sold in the United States at LTFV. Based
on comparisons of EP or CEP, as
applicable, to NV in accordance with
sections 772 and 773 of the Act, the
estimated dumping margins for
aluminum foil for each of the countries
covered by this initiation are as follows:
(1) Armenia—45.65 percent; (2) Brazil—
63.05 percent; (3) Oman—57.74 percent;
(4) Russia—62.18 percent; and (5)
Turkey—34.27 percent.35
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of
aluminum foil from Armenia, Brazil,
Oman, Russia, and Turkey are being, or
are likely to be, sold in the United States
at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 140 days after the date of this
initiation.
Respondent Selection
Brazil, Russia, and Turkey
In the Petitions, the petitioners named
seven companies in Brazil, three
companies in Russia, and ten companies
in Turkey 36 as producers/exporters of
aluminum foil. Following standard
practice in AD investigations involving
33 See Volume II of the Petitions at 3–4, Exhibit
AD–AM–3.
34 Id. at 4–5, Exhibit AD–AM–3.
35 See country-specific Initiation Checklists for
details of calculations.
36 See Volume I of the Petition at 10 and Exhibit
GEN–6.
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market economy countries, in the event
Commerce determines that the number
of exporters or producers in any
individual case is large such that
Commerce cannot individually examine
each company based upon its resources,
where appropriate, Commerce intends
to select mandatory respondents in that
case based on U.S. Customs and Border
Protection (CBP) data for U.S. imports
under the appropriate Harmonized
Tariff Schedule of the United States
numbers listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On October 15, 2020, Commerce
released CBP data on imports of
aluminum foil from Brazil, Russia, and
Turkey under Administrative Protective
Order (APO) to all parties with access to
information protected by APO and
indicated that interested parties wishing
to comment on the CBP data must do so
within three business days of the
publication date of the notice of
initiation of these investigations.37
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce
will not accept rebuttal comments
regarding the CBP data or respondent
selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Oman
In the Petition, the petitioners named
only one company as a producer/
exporter of aluminum foil in Oman,
Oman Aluminum Rolling Company.38
Furthermore, we placed CBP import
data onto the record of this proceeding,
which corroborates the identification of
Oman Aluminum Rolling Company as
the sole producer/exporter in the foreign
market,39 and we currently know of no
additional producers/exporters of
subject merchandise from Oman.
Accordingly, Commerce intends to
examine all known producers/exporters
in this investigation (i.e., the company
cited above). As noted in the Oman CBP
Import Data Release Memo, we invite
interested parties to comment on this
37 See country-specific Memoranda,
‘‘Antidumping Duty Investigation of Certain
Aluminum Foil: Release of Customs Data from U.S.
Customs and Border Protection,’’ dated October 15,
2020.
38 See Volume IV of the Petition at 2 and Exhibit
GEN–6.
39 See Memorandum, ‘‘Release of Customs Data
from U.S. Customs and Border Protection,’’ dated
October 15, 2020 (Oman CBP Import Data Release
Memo).
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17:31 Oct 23, 2020
Jkt 253001
issue within three days of the
publication of this notice in the Federal
Register. Commerce will not accept
rebuttal comments regarding the CBP
data or this issue. Because we intend to
examine all known producers, if no
comments are received or if comments
received further support the existence of
this sole producer/exporter in Oman, we
do not intend to conduct respondent
selection and will proceed to issuing the
initial antidumping questionnaire to the
company identified. However, if
comments are received which create a
need for a respondent selection process,
we intend to finalize our decisions
regarding respondent selection within
20 days of publication of this notice.
Armenia
In the Petition, the petitioners named
only one company as a producer/
exporter of aluminum foil in Armenia,
Rusal Armenal.40 On October 15, 2020,
Commerce released CBP data on imports
of aluminum foil from Armenia under
APO to all parties with access to
information protected by APO. These
data did not confirm the existence of
only one producer/exporter of
aluminum foil in Armenia.41 Commerce
indicated that interested parties wishing
to comment on the CBP data must do so
within three business days of the
publication date of the notice of
initiation of these investigations.
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce
will not accept rebuttal comments
regarding the CBP data or respondent
selection.
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of Armenian
producers and exporters identified in
the Petitions and the CBP import data,
Commerce will solicit Q&V information
that can serve as a basis for selecting
exporters for individual examination in
the event that Commerce decides to
limit the number of respondents
individually examined pursuant to
40 See Volume II of the Petition at 3 and Exhibit
GEN–6.
41 See Memorandum, ‘‘Release of Customs Data
from U.S. Customs and Border Protection,’’ dated
October 15, 2020 (Armenia CBP Import Data
Release Memo).
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Sfmt 4703
67715
section 777A(c)(2) of the Act. Commerce
has determined that it will issue a Q&V
questionnaire to the potential
respondent for which the petitioners
have provided a complete address.
In addition, Commerce will post the
Q&V questionnaire along with filing
instructions on Enforcement and
Compliance’s website at https://
www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
aluminum foil from Armenia that do not
receive Q&V questionnaires may still
submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Enforcement and Compliance’s website.
In accordance with the standard
practice for respondent selection in AD
cases involving NME countries, in the
event Commerce decides to limit the
number of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Armenian producers/exporters no later
than 5:00 p.m. ET on November 2, 2020.
All Q&V questionnaire responses must
be filed electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above. Commerce
intends to finalize its decisions
regarding respondent selection within
20 days of publication of this notice.
Separate Rates
In order to obtain separate-rate status
in an NME investigation, exporters and
producers must submit a separate-rate
application.42 The specific requirements
for submitting a separate- rate
application in an Armenia investigation
are outlined in detail in the application
itself, which is available on Commerce’s
website at https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate application will be due 30 days
after publication of this initiation
notice.43 Exporters and producers who
submit a separate-rate application and
have been selected as mandatory
respondents will be eligible for
consideration for separate-rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
42 See Policy Bulletin 05.1: Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigation involving NME
Countries (April 5, 2005), available at https://
enforcement.trade.gov/policy/bull05-1.pdf (Policy
Bulletin 05.1).
43 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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mandatory respondents. Commerce
requires that companies from Armenia
submit a response both to the Q&V
questionnaire and to the separate-rate
application by the respective deadlines
in order to receive consideration for
separate-rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that the Department will now assign in
its NME Investigation will be specific to
those producers that supplied the exporter
during the period of investigation. Note,
however, that one rate is calculated for the
exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the weighted-average of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.44
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Armenia, Brazil,
Oman, Russia, and Turkey via ACCESS.
To the extent practicable, we will
attempt to provide a copy of the public
version of the AD Petitions to each
exporter named in the AD Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey are
materially injuring, or threatening
material injury to, a U.S. industry.45 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.46 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 47 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.48 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation for purposes of CV, stating that
‘‘if a particular market situation exists
such that the cost of materials and
fabrication or other processing of any
kind does not accurately reflect the cost
of production in the ordinary course of
trade, the administering authority may
use another calculation methodology
under this subtitle or any other
calculation methodology.’’ When an
interested party submits a PMS
allegation pursuant to section 773(e) of
the Act, Commerce will respond to such
a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that
a PMS exists under section 773(e) of the
Act, then it will modify its dumping
calculations appropriately.
45 See
47 See
44 See
Policy Bulletin 05.1 at 6 (emphasis added).
VerDate Sep<11>2014
17:31 Oct 23, 2020
Jkt 253001
section 733(a) of the Act.
46 Id.
48 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00012
Fmt 4703
Sfmt 4703
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, we may elect to specify
a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will grant untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/html/2013-22853.htm, prior to
submitting factual information in these
investigations.
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.49
Parties must use the certification
formats provided in 19 CFR
351.303(g).50 Commerce intends to
49 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
50 See
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reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.51
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
Dated: October 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
The merchandise covered by these
investigations is aluminum foil having a
thickness of 0.2 mm or less, in reels
exceeding 25 pounds, regardless of width.
Aluminum foil is made from an aluminum
alloy that contains more than 92 percent
aluminum. Aluminum foil may be made to
ASTM specification ASTM B479, but can
also be made to other specifications.
Regardless of specification, however, all
aluminum foil meeting the scope description
is included in the scope, including
aluminum foil to which lubricant has been
applied to one or both sides of the foil.
Excluded from the scope of these
investigations is aluminum foil that is backed
with paper, paperboard, plastics, or similar
backing materials on one side or both sides
of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut
to shape. 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 forth
above. The products under investigation are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000.
Further, merchandise that falls within the
scope of these proceedings may also be
entered into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000,
7606.12.3045, 7606.12.3055, 7606.12.3091,
7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and
7606.92.6095. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
51 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
17:31 Oct 23, 2020
Jkt 253001
[FR Doc. 2020–23673 Filed 10–23–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA523]
Fisheries of the South Atlantic;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 66 Workshop
for South Atlantic Tilefish.
AGENCY:
The SEDAR 66 stock
assessment of the South Atlantic stock
of Tilefish will consist of a data scoping
webinar, a workshop, and a series of
assessment webinars. See
SUPPLEMENTARY INFORMATION.
DATES: The SEDAR 66 South Atlantic
Tilefish Workshop will be held via
webinar on from 9 a.m. until 2 p.m. EST
each day from November 16–19, 2020.
The established times may be adjusted
as necessary to accommodate the timely
completion of discussion relevant to the
assessment process. Such adjustments
may result in the meeting being
extended from or completed prior to the
time established by this notice.
Additional SEDAR 66 webinar dates
and times will publish in a subsequent
issue in the Federal Register.
ADDRESSES:
Meeting address: The SEDAR 66
South Atlantic Tilefish Workshop will
be held via webinar . The webinar is
open to members of the public.
Registration is available online at:
https://attendee.gotowebinar.com/
register/4013717029443000078.
SEDAR address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405;
www.sedarweb.org.
SUMMARY:
Appendix—Scope of the Investigations
VerDate Sep<11>2014
description of the scope of these
investigations is dispositive.
FOR FURTHER INFORMATION CONTACT:
Kathleen Howington, SEDAR
Coordinator, 4055 Faber Place Drive,
Suite 201, North Charleston, SC 29405;
phone: (843) 571–4366; email:
Kathleen.howington@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
PO 00000
Frm 00013
Fmt 4703
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67717
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
population conditions, and recommends
research and monitoring needs. The
assessment is independently peer
reviewed at the Review Workshop. The
product of the Review Workshop is a
Summary documenting panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
Highly Migratory Species Management
Division, and Southeast Fisheries
Science Center. Participants include:
Data collectors and database managers;
stock assessment scientists, biologists,
and researchers; constituency
representatives including fishermen,
environmentalists, and nongovernmental organizations (NGOs);
international experts; and staff of
Councils, Commissions, and state and
federal agencies.
The items of discussion at the SEDAR
66 South Atlantic Tilefish workshop are
as follows:
• Review & resolve data issues, make
data recommendations
• Finalize data discussions
• Begin discussion on base model
configuration
• Discuss proposed changes to model,
sensitivity runs, and projections
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
E:\FR\FM\26OCN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67711-67717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23673]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-831-804, A-351-856, A-523-815, A-821-828, A-489-844]
Certain Aluminum Foil From the Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian Federation, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 19, 2020.
FOR FURTHER INFORMATION CONTACT: Margaret Collins at (202) 482-6250
(the Republic of Armenia (Armenia)); George McMahon at (202) 482-1167
(Brazil); Benjamin Smith at (202) 482-2181 (the Sultanate of Oman
(Oman)); Mike Heaney at (202) 482-4475 (the Russian Federation
(Russia)); Christopher Williams at (202) 482-5166 (the Republic of
Turkey (Turkey)); AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 29, 2020, the Department of Commerce (Commerce)
received antidumping duty (AD)
[[Page 67712]]
petitions concerning imports of certain aluminum foil (aluminum foil)
from Armenia, Brazil, Oman, Russia, and Turkey filed in proper form on
behalf of the petitioners,\1\ domestic producers of aluminum foil.\2\
The Petitions were accompanied by countervailing duty (CVD) petitions
concerning imports of aluminum foil from Oman and Turkey.\3\
---------------------------------------------------------------------------
\1\ The Aluminum Association Trade Enforcement Working Group and
its individual members, Gr[auml]nges Americas Inc., JW Aluminum
Company, and Novelis Corporation (collectively, the petitioners).
The petitioners indicated that Novelis Corporation acquired Aleris
Corporation (including all of Aleris' aluminum foil-related
operations), effective April 14, 2020. See Volume I of the Petitions
at 1, footnote 1.
\2\ See Petitioners' Letter, ``Certain Aluminum Foil from
Armenia, Brazil, Oman, Russia, and Turkey--Petition for the
Imposition of Antidumping and Countervailing Duties,'' dated
September 29, 2020 (the Petitions).
\3\ Id.
---------------------------------------------------------------------------
On October 2, 2020, Commerce requested supplemental information
pertaining to certain aspects of the Petitions in separate supplemental
questionnaires.\4\ The petitioners filed responses to the supplemental
questionnaires on October 6, 2020.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petition for the Imposition of
Antidumping Duties on Imports of Certain Aluminum Foil from Armenia,
Brazil, Oman, Russia, and Turkey: Supplemental Questions,'' dated
October 2, 2020 (General Issues Supplemental); and Country-Specific
Supplemental Questionnaires: Armenia Supplemental, Brazil
Supplemental, Oman Supplemental, Russia Supplemental, and Turkey
Supplemental, dated October 2, 2020.
\5\ See Petitioners' Country-Specific Supplemental Responses,
dated October 6, 2020; see also Petitioners' Letter, ``Certain
Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey--
Petitioners' Amendments to Volume I Relating to General Issues,''
dated October 6, 2020 (General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of aluminum foil
from Armenia, Brazil, Oman, Russia, and Turkey are being, or are likely
to be, sold in the United States at less than fair value (LTFV) within
the meaning of section 731 of the Act, and that imports of such
products are materially injuring, or threatening material injury to,
the aluminum foil industry in the United States. Consistent with
section 732(b)(1) of the Act, the Petitions are accompanied by
information reasonably available to the petitioners supporting their
allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (E) of the Act.
Commerce also finds that the petitioners demonstrated sufficient
industry support for the initiation of the requested AD
investigations.\6\
---------------------------------------------------------------------------
\6\ See infra, section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on September 29, 2020, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Brazil,
Oman, Russia, and Turkey AD investigations is July 1, 2019 through June
30, 2020. Because Armenia is a non-market economy (NME) country,
pursuant to 351.204(b)(1), the POI for the Armenia investigation is
January 1, 2020 through June 30, 2020.
Scope of the Investigations
The product covered by these investigations is aluminum foil from
Armenia, Brazil, Oman, Russia, and Turkey. For a full description of
the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 2 and 16, 2020, Commerce requested information from the
petitioners regarding the proposed scope to ensure that the scope
language in the Petitions is an accurate reflection of the products for
which the domestic industry is seeking relief.\7\ On October 16, 2020,
the petitioners revised the scope.\8\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Supplemental at 3-4; see also Memorandum,
``Phone Call with Counsel to the Petitioners,'' dated October 16,
2020 (Scope Call Memorandum) at 1-2.
\8\ See Scope Call Memorandum at 1-2.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\10\ all
such factual information should be limited to public information. To
facilitate preparation of its questionnaires, Commerce requests that
all interested parties submit such comments by 5:00 p.m. Eastern Time
(ET) on November 9, 2020, which is the next business day after 20
calendar days from the signature date of this notice.\11\ Any rebuttal
comments, which may include factual information, must be filed by 5:00
p.m. ET on November 19, 2020, which is 10 calendar days from the
initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ The 20-day deadline falls on November 8, 2020, which is a
Sunday. Therefore, in accordance with the Next Business Day Rule,
the deadline moves to the next business day, November 9, 2020. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, as Amended,'' 70 FR 24533 (May 10, 2008) (Next Business
Day Rule).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during this period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of aluminum foil to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant costs of production
accurately, as well as to develop appropriate product-comparison
criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) General
[[Page 67713]]
product characteristics; and (2) product comparison criteria. We note
that it is not always appropriate to use all product characteristics as
product comparison criteria. We base product comparison criteria on
meaningful commercial differences among products. In other words,
although there may be some physical product characteristics utilized by
manufacturers to describe aluminum foil, it may be that only a select
few product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on November 9,
2020, which is the next business day after 20 calendar days from the
signature date of this notice.\13\ Any rebuttal comments must be filed
by 5:00 p.m. ET on November 19, 2020. All comments and submissions to
Commerce must be filed electronically using ACCESS, as explained above,
on the record of each of the AD investigations.
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\13\ See 19 CFR 351.303(b)(1). The 20-day deadline falls on
November 8, 2020, which is a Sunday. Therefore, in accordance with
the Next Business Day Rule, the deadline moves to the next business
day, November 9, 2020. See id. Next Business Day Rule.
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
Poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that aluminum foil, as
defined in the scope, constitutes a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\17\
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\16\ See Volume I of the Petitions at 12-13 and Exhibit GEN-9
(containing Aluminum Foil from China, Inv. Nos. 701-TA-570 and 731-
TA-1346 (Final), USITC Pub. 4771 (April 2018) (ITC Aluminum Foil
Final) at 10-16).
\17\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see country-specific AD Initiation Checklists at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Aluminum Foil from Armenia, Brazil,
Oman, Russia, and Turkey (Attachment II). These checklists are dated
concurrently with this notice and on file electronically via ACCESS.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2019 production of the domestic like product by U.S. producers that
support the Petitions.\18\ The petitioners estimated the production of
the domestic like product for the remaining U.S. producers of aluminum
foil based on the Aluminum Association's knowledge of the industry.\19\
We relied on data provided by the petitioners for purposes of measuring
industry support.\20\
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\18\ See Volume I of the Petitions at 4-5 and Exhibit GEN-1; see
also General Issues Supplement at 4-5.
\19\ Id. at 4-5 and Exhibits GEN-1, GEN-2, and GEN-3; see also
General Issues Supplement at 4-5.
\20\ Id. at 4-5 and Exhibits GEN-1 and GEN-3.
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Our review of the data provided in the Petitions, the General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\21\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\22\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\23\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to,
[[Page 67714]]
the Petitions.\24\ Accordingly, Commerce determines that the Petitions
were filed on behalf of the domestic industry within the meaning of
section 732(b)(1) of the Act.\25\
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\21\ Id. at 2-5 and Exhibits GEN-1, GEN-2, and GEN-3; see also
General Issues Supplement at 4-5.
\22\ Id.; see also section 732(c)(4)(D) of the Act.
\23\ See Volume I of the Petitions at 4-5 and Exhibits GEN-1,
GEN-2, and GEN-3 see also General Issues Supplement at 4-5. For
further discussion, see Attachment II of the country-specific AD
Initiation Checklists.
\24\ Id.
\25\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\26\
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\26\ See Volume I of the Petitions at 14-15 and Exhibit GEN-10.
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The petitioners contend that the industry's injured condition is
illustrated by a significant and increasing volume of subject imports;
reduced market share; underselling and price depression or suppression;
lost sales and revenues; declining domestic production, shipments, and
capacity utilization; negative effects on domestic industry employment;
and a decline in financial performance and profitability.\27\ We have
assessed the allegations and supporting evidence regarding material
injury, threat of material injury, causation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence, and meet the statutory requirements for
initiation.\28\
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\27\ See Volume I of the Petitions at 18-32 and Exhibits GEN-7
and GEN-10 through GEN-15.
\28\ See country-specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Aluminum Foil from Armenia, Brazil, Oman, Russia,
and Turkey (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of aluminum foil from Armenia, Brazil, Oman, Russia, and
Turkey. The sources of data for the deductions and adjustments relating
to U.S. price and normal value (NV) are discussed in greater detail in
the country-specific AD Initiation Checklists.
U.S. Price
For Armenia, Brazil, Oman, Russia, and Turkey, the petitioners
based export price (EP) or constructed export price (CEP), as
applicable, on pricing information for sales of, or sales offers for,
aluminum foil produced in and exported from each country. The
petitioners made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price.\29\
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\29\ See country-specific AD Initiation Checklists.
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Normal Value 30
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\30\ In accordance with section 773(b)(2) of the Act, for the
Brazil, Oman, Russia, and Turkey investigations, Commerce will
request information necessary to calculate the constructed value and
cost of production (COP) to determine whether there are reasonable
grounds to believe or suspect that sales of the foreign like product
have been made at prices that represent less than the COP of the
product.
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For Brazil, Oman, Russia, and Turkey, the petitioners based NV on
home market price quotes obtained through market research for aluminum
foil produced in and sold, or offered for sale, in each country within
the applicable time period.\31\
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\31\ See country-specific AD Initiation Checklists.
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Commerce considers Armenia to be a non-market economy (NME)
country.\32\ In accordance with section 771(18)(C)(i) of the Act, any
determination that a foreign country is an NME country shall remain in
effect until revoked by Commerce. Therefore, we continue to treat
Armenia as an NME country for purposes of the initiation of this
investigation. Accordingly, NV in Armenia is appropriately based on
factors of production (FOPs) valued in a surrogate market economy
country, in accordance with section 773(c) of the Act.
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\32\ Armenia, formerly part of the Union of Soviet Socialist
Republics (USSR), assumed the NME status of the USSR upon the
dissolution of the USSR, and, at that time, Commerce explained that
such status would remain in effect until revoked. See Preliminary
Determinations of Sales at Not Less Than Fair Value: Uranium from
Armenia, Azerbaijan, Belarus, Georgia, Moldova and Turkmenistan, 57
FR 23380, 23383 (June 3, 1992). To date, Commerce has not revoked
the NME status of Armenia.
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The petitioners claim that South Africa is an appropriate surrogate
country for Armenia because South Africa is a market economy country
that is at a level of economic development comparable to that of
Armenia and is a significant producer of identical merchandise. The
petitioners provided publicly available information from South Africa
to value all FOPs. Based on the information provided by the
petitioners, we determine that it is appropriate to use South Africa as
a surrogate country for initiation purposes.
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Armenian producers/exporters was not reasonably available, the
petitioners used their own product-specific consumption rates as a
surrogate to value Armenian manufacturers' FOPs.\33\ Additionally, the
petitioners calculated factory overhead; selling, general and
administrative expenses; and profit based on the experience of a South
African producer of identical merchandise.\34\
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\33\ See Volume II of the Petitions at 3-4, Exhibit AD-AM-3.
\34\ Id. at 4-5, Exhibit AD-AM-3.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of aluminum foil from Armenia, Brazil, Oman,
Russia, and Turkey are being, or are likely to be, sold in the United
States at LTFV. Based on comparisons of EP or CEP, as applicable, to NV
in accordance with sections 772 and 773 of the Act, the estimated
dumping margins for aluminum foil for each of the countries covered by
this initiation are as follows: (1) Armenia--45.65 percent; (2)
Brazil--63.05 percent; (3) Oman--57.74 percent; (4) Russia--62.18
percent; and (5) Turkey--34.27 percent.\35\
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\35\ See country-specific Initiation Checklists for details of
calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of aluminum foil from Armenia, Brazil, Oman, Russia,
and Turkey are being, or are likely to be, sold in the United States at
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
Brazil, Russia, and Turkey
In the Petitions, the petitioners named seven companies in Brazil,
three companies in Russia, and ten companies in Turkey \36\ as
producers/exporters of aluminum foil. Following standard practice in AD
investigations involving
[[Page 67715]]
market economy countries, in the event Commerce determines that the
number of exporters or producers in any individual case is large such
that Commerce cannot individually examine each company based upon its
resources, where appropriate, Commerce intends to select mandatory
respondents in that case based on U.S. Customs and Border Protection
(CBP) data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States numbers listed in the ``Scope of the
Investigations,'' in the appendix.
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\36\ See Volume I of the Petition at 10 and Exhibit GEN-6.
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On October 15, 2020, Commerce released CBP data on imports of
aluminum foil from Brazil, Russia, and Turkey under Administrative
Protective Order (APO) to all parties with access to information
protected by APO and indicated that interested parties wishing to
comment on the CBP data must do so within three business days of the
publication date of the notice of initiation of these
investigations.\37\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\37\ See country-specific Memoranda, ``Antidumping Duty
Investigation of Certain Aluminum Foil: Release of Customs Data from
U.S. Customs and Border Protection,'' dated October 15, 2020.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
Oman
In the Petition, the petitioners named only one company as a
producer/exporter of aluminum foil in Oman, Oman Aluminum Rolling
Company.\38\ Furthermore, we placed CBP import data onto the record of
this proceeding, which corroborates the identification of Oman Aluminum
Rolling Company as the sole producer/exporter in the foreign
market,\39\ and we currently know of no additional producers/exporters
of subject merchandise from Oman. Accordingly, Commerce intends to
examine all known producers/exporters in this investigation (i.e., the
company cited above). As noted in the Oman CBP Import Data Release
Memo, we invite interested parties to comment on this issue within
three days of the publication of this notice in the Federal Register.
Commerce will not accept rebuttal comments regarding the CBP data or
this issue. Because we intend to examine all known producers, if no
comments are received or if comments received further support the
existence of this sole producer/exporter in Oman, we do not intend to
conduct respondent selection and will proceed to issuing the initial
antidumping questionnaire to the company identified. However, if
comments are received which create a need for a respondent selection
process, we intend to finalize our decisions regarding respondent
selection within 20 days of publication of this notice.
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\38\ See Volume IV of the Petition at 2 and Exhibit GEN-6.
\39\ See Memorandum, ``Release of Customs Data from U.S. Customs
and Border Protection,'' dated October 15, 2020 (Oman CBP Import
Data Release Memo).
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Armenia
In the Petition, the petitioners named only one company as a
producer/exporter of aluminum foil in Armenia, Rusal Armenal.\40\ On
October 15, 2020, Commerce released CBP data on imports of aluminum
foil from Armenia under APO to all parties with access to information
protected by APO. These data did not confirm the existence of only one
producer/exporter of aluminum foil in Armenia.\41\ Commerce indicated
that interested parties wishing to comment on the CBP data must do so
within three business days of the publication date of the notice of
initiation of these investigations. Comments must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not accept rebuttal comments
regarding the CBP data or respondent selection.
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\40\ See Volume II of the Petition at 3 and Exhibit GEN-6.
\41\ See Memorandum, ``Release of Customs Data from U.S. Customs
and Border Protection,'' dated October 15, 2020 (Armenia CBP Import
Data Release Memo).
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In accordance with our standard practice for respondent selection
in AD investigations involving NME countries, Commerce selects
respondents based on quantity and value (Q&V) questionnaires in cases
where it has determined that the number of companies is large and it
cannot individually examine each company based upon its resources.
Therefore, considering the number of Armenian producers and exporters
identified in the Petitions and the CBP import data, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce decides
to limit the number of respondents individually examined pursuant to
section 777A(c)(2) of the Act. Commerce has determined that it will
issue a Q&V questionnaire to the potential respondent for which the
petitioners have provided a complete address.
In addition, Commerce will post the Q&V questionnaire along with
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of
aluminum foil from Armenia that do not receive Q&V questionnaires may
still submit a response to the Q&V questionnaire and can obtain a copy
of the Q&V questionnaire from Enforcement and Compliance's website. In
accordance with the standard practice for respondent selection in AD
cases involving NME countries, in the event Commerce decides to limit
the number of respondents individually investigated, Commerce intends
to base respondent selection on the responses to the Q&V questionnaire
that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Armenian producers/exporters no later than 5:00 p.m. ET on
November 2, 2020. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decisions regarding respondent selection within 20 days of publication
of this notice.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\42\
The specific requirements for submitting a separate- rate application
in an Armenia investigation are outlined in detail in the application
itself, which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\43\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as
[[Page 67716]]
mandatory respondents. Commerce requires that companies from Armenia
submit a response both to the Q&V questionnaire and to the separate-
rate application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\42\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving NME Countries (April 5, 2005), available at https://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
\43\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME Investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is
referred to as the application of ``combination rates'' because such
rates apply to specific combinations of exporters and one or more
producers. The cash-deposit rate assigned to an exporter will apply
only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\44\
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\44\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Armenia, Brazil, Oman, Russia, and
Turkey via ACCESS. To the extent practicable, we will attempt to
provide a copy of the public version of the AD Petitions to each
exporter named in the AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of aluminum foil from Armenia, Brazil, Oman,
Russia, and Turkey are materially injuring, or threatening material
injury to, a U.S. industry.\45\ A negative ITC determination for any
country will result in the investigation being terminated with respect
to that country.\46\ Otherwise, these AD investigations will proceed
according to statutory and regulatory time limits.
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\45\ See section 733(a) of the Act.
\46\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \47\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\48\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation for purposes of CV, stating that ``if a particular
market situation exists such that the cost of materials and fabrication
or other processing of any kind does not accurately reflect the cost of
production in the ordinary course of trade, the administering authority
may use another calculation methodology under this subtitle or any
other calculation methodology.'' When an interested party submits a PMS
allegation pursuant to section 773(e) of the Act, Commerce will respond
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If
Commerce finds that a PMS exists under section 773(e) of the Act, then
it will modify its dumping calculations appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances we will
grant untimely-filed requests for the extension of time limits. Parties
should review Extension of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information
in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\49\
Parties must use the certification formats provided in 19 CFR
351.303(g).\50\ Commerce intends to
[[Page 67717]]
reject factual submissions if the submitting party does not comply with
the applicable certification requirements.
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\49\ See section 782(b) of the Act.
\50\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\51\
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\51\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The merchandise covered by these investigations is aluminum foil
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds,
regardless of width. Aluminum foil is made from an aluminum alloy
that contains more than 92 percent aluminum. Aluminum foil may be
made to ASTM specification ASTM B479, but can also be made to other
specifications. Regardless of specification, however, all aluminum
foil meeting the scope description is included in the scope,
including aluminum foil to which lubricant has been applied to one
or both sides of the foil.
Excluded from the scope of these investigations is aluminum foil
that is backed with paper, paperboard, plastics, or similar backing
materials on one side or both sides of the aluminum foil, as well as
etched capacitor foil and aluminum foil that is cut to shape. 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 forth
above. The products under investigation are currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060,
7607.11.9090, and 7607.19.6000.
Further, merchandise that falls within the scope of these
proceedings may also be entered into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055,
7606.12.3091, 7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and 7606.92.6095. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these investigations is
dispositive.
[FR Doc. 2020-23673 Filed 10-23-20; 8:45 am]
BILLING CODE 3510-DS-P
