Certain Aluminum Foil From the Sultanate of Oman and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 68287-68291 [2020-23926]

Download as PDF Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES was changed from 2020 to 2021 and the estimated respondent burden hours was reduced from 20,000 to 7,804. In addition, new COVID–19 pandemic related questions were added to the instrument. The addition of this new content is not expected to affect the estimated average hours per response because a similar number of questions were removed from the survey. Agency: U.S. Census Bureau. Title: 2021 New York City Housing and Vacancy Survey. OMB Control Number: 0607–0757. Form Number(s): N/A—Electronic forms. Type of Request: Reinstatement, with change, of a previously approved collection. Number of Respondents: 12,000. Average Hours per Response: 0.66 (40 minutes). Burden Hours: 7,804. Needs and Uses: The Census Bureau will conduct the survey for the City of New York in order to determine the vacancy rate of rental housing stock, which the city uses to enact specific policies. New York City will also use the data to help measure the quality of its housing and learn specific demographic characteristics about the city’s residents. Affected Public: Households and rental offices/realtors (for vacant units). Frequency: every three years. Respondent’s Obligation: Voluntary. Legal Authority: Title 13 U.S.C.— Section 8b, and the Local Emergency Housing Rent Control Act, Laws of New York (Chapters 8603 and 657). This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website <www.reginfo.gov/ public/do/PRAMain>. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the collection or the OMB Control Number 0607–0757. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2020–23819 Filed 10–27–20; 8:45 am] VerDate Sep<11>2014 18:29 Oct 27, 2020 DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Bureau of Industry and Security International Trade Administration Emerging Technology Technical Advisory Committee; Notice of Open Meeting The Emerging Technology Technical Advisory Committee (ETTAC) will meet on November 9, 2020, at 1:00 p.m. to 3:00 p.m., Eastern Standard Time. The meeting will be available via teleconference. The Committee advises the Office of the Assistant Secretary for Export Administration on the identification of emerging and foundational technologies with potential dual-use applications as early as possible in their developmental stages both within the United States and abroad. Agenda Open Session 1. Welcome and Introductions. 2. Introduction by the Bureau of Industry and Security Leadership. 3. Presentation on ETTAC Structure and Work Plan (Chair/Vice Chair). 4. Presentations on Emerging Technologies Trends. 5. Open Discussion (Comments, Q&A). 6. Conclusion/Adjournment. The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@ bis.doc.gov no later than November 2, 2020. A limited number of slots will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email. For more information, call Yvette Springer at (202) 482–2813. Yvette Springer, Committee Liaison Officer. [FR Doc. 2020–23839 Filed 10–27–20; 8:45 am] BILLING CODE 3510–JT–P BILLING CODE 3510–07–P Jkt 253001 68287 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 [C–523–816 and C–489–845] Certain Aluminum Foil From the Sultanate of Oman and the Republic of Turkey: Initiation of Countervailing Duty Investigations Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Applicable October 19, 2020. John Conniff; AD/CVD Operations, Office III (Oman) and Eliza Siordia; AD/CVD Operations, Office V (Turkey), Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1009 and (202) 482–3878, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The Petition On September 29, 2020, the Department of Commerce (Commerce) received countervailing duty (CVD) petitions concerning imports of certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman) and the Republic of Turkey (Turkey), filed in proper form on behalf of the petitioners,1 domestic producers of aluminum foil.2 The Petition was accompanied by antidumping duty (AD) petitions concerning imports of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey. On October 2, 2020, Commerce requested supplemental information pertaining to certain aspects of the Petition in separate supplemental questionnaires.3 The petitioners filed 1 The petitioners consist of the Aluminum Association Trade Enforcement Working Group and its individual members: Gra¨nges Americas Inc., JW Aluminum Company, and Novelis Corporation. 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 (Petitions). 3 See Commerce’s Letters, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey and Countervailing Duties on Imports from Oman and Turkey: Supplemental Questions’’ dated October 2, 2020 (General Issues Supplement); ‘‘Certain Aluminum Foil from the Sultanate of Oman—Petition for the Imposition of Countervailing Duties: Supplemental Questions,’’ dated October 2, 2020; and ‘‘Certain Aluminum Foil from the Republic of Turkey— Petition for the Imposition of Countervailing Duties: Supplemental Questions,’’ dated October 2, 2020. E:\FR\FM\28OCN1.SGM 28OCN1 68288 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices responses to the supplemental questionnaires on October 6, 2020.4 In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of the Sultanate of Oman (GSO) and the Government of Turkey (GOT) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of aluminum foil in Oman and Turkey, and that imports of such products are materially injuring, or threatening material injury to, the domestic aluminum foil industry in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the petitioners provided reasonably available information in the Petitions to support their allegation. Commerce finds that the petitioners filed the Petitions on behalf of the domestic industry, because the petitioners are interested parties, as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support necessary for the initiation of the requested CVD investigations.5 parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determinations. If scope comments include factual information,7 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 20 calendar days from the signature date of this notice.8 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 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 also be filed on the records of the concurrent AD and CVD investigations. Periods of Investigation Filing Requirements All submissions to Commerce must be filed electronically via Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (ACCESS), unless an exception applies.9 An electronically filed document must be received successfully in its entirety by the time and date it is due. Because the Petitions were filed on September 29, 2020, the periods of investigation are January 1, 2019 through December 31, 2019. Scope of the Investigations The product covered by these investigations is aluminum foil from Oman and Turkey. For a full description of the scope of these investigations, see the appendix to this notice. Scope Comments jbell on DSKJLSW7X2PROD with NOTICES 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).6 Commerce will consider all comments received from interested 4 See Petitioners’ Letters, ‘‘Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey— Petitioners’ Amendments to Volume I Relating to General Issues,’’ dated October 6, 2020; ‘‘Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey—Petitioners’ Supplement to Volume VII Relating to a Request for the Imposition of Countervailing Duties on Imports from the Sultanate of Oman,’’ dated October 6, 2020; and ‘‘Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey—Petitioners’ Supplement to Volume VII Relating to a Request for the Imposition of Countervailing Duties on Imports from the Republic of Turkey,’’ dated October 6, 2020. 5 See the ‘‘Determination of Industry Support for the Petition’’ section, infra. 6 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GSO and the GOT of the receipt of the Petitions and provided them the opportunity for consultations with respect to the 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual information’’). 8 Commerce practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day (in this instance, April 20, 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, 2005). 9 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), and Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014), for details of Commerce’s electronic filing requirements, which went into effect on 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%20on%20Electronic%20Filling%20 Procedures.pdf. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Petitions.10 Consultations were held with the GOT on October 8, 2020.11 The GOT submitted consultation remarks on October 8, 2020.12 On October 16, 2020, we received a letter from the GSO acknowledging Commerce’s invitation for consultations, but due to scheduling issues, we were unable to hold consultations prior to the initiation of the investigation.13 However, we intend to hold consultations with the GSO subsequent to initiation. Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(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 702(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 10 See Commerce’s Letters, ‘‘Countervailing Duty Petition on Aluminum Foil from Oman: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated October 1, 2020; and see ‘‘Countervailing Duty Petition on Aluminum Foil from Turkey: Invitation for Consultations to Discuss the Countervailing Duty Petition,’’ dated October 1, 2020. 11 See Memorandum, ‘‘Consultations with the Government of Turkey,’’ dated October 8, 2020. 12 See GOT’s Letter, ‘‘Countervailing Duty Petition on Certain Aluminum Foil from the Republic of Turkey: Consultations Held on October 8, 2020,’’ dated October 8, 2020. 13 See GSO’s Letter, ‘‘Countervailing Duty Petition on Certain Aluminum Foil from the Sultanate of Oman,’’ dated October 14, 2020, (but filed with ACCESS on October 16, 2020). E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices 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 In determining whether the petitioners have standing under section 702(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 jbell on DSKJLSW7X2PROD with NOTICES 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)). 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 CVD 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. 18 See Volume I of the Petitions at 4–5 and Exhibit GEN–1. VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 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 702(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, the Petitions.24 Accordingly, Commerce determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act.25 Injury Test Because Oman and Turkey are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from Oman and/or Turkey materially injure, or threaten material injury to, a U.S. industry. 19 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. 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. 24 Id. 25 Id. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 68289 Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. 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 Initiation of CVD Investigations Based upon the examination of the Petitions and supplemental responses, we find that they meet the requirements of section 702 of the Act. Therefore, we are initiating CVD investigations to determine whether imports of aluminum foil from Oman and Turkey benefit from countervailable subsidies conferred by the GSO and the GOT, respectively. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 65 days after the date of this initiation. Oman Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on all 8 of the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the Oman CVD Initiation Checklist. A public version of the 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 CVD 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). E:\FR\FM\28OCN1.SGM 28OCN1 68290 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices initiation checklist for this investigation is available on ACCESS. Turkey Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on all 25 of the alleged programs. For a full discussion of the basis for our decision to initiate on each program, see the Turkey CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection Turkey In the Petition, the petitioners named ten companies from Turkey as producers/exporters of aluminum foil.29 Commerce intends to follow its standard practice in CVD investigations and calculate company-specific subsidy rates in these investigations. In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon its resources, where appropriate, Commerce intends to select mandatory respondents 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 appendix to this notice. On October 15, 2020, Commerce released CBP data on imports of aluminum foil from 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.30 Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. Oman jbell on DSKJLSW7X2PROD with NOTICES In the Petition, the petitioners named only one company as a producer/ exporter of aluminum foil in Oman, Oman Aluminum Rolling Company.31 Furthermore, we placed CBP import data onto the record of this proceeding, which corroborates the existence of Oman Aluminum Rolling Company as the sole producer/exporter in the foreign 29 See Volume VIII of the Petition for Turkey at 2 and Exhibit GEN–6. 30 See Memorandum, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Aluminum Foil from Turkey: Release of Customs Data from U.S. Customs and Border Protection,’’ dated October 15, 2020. 31 See Volume VII of the Petition for Oman at 2 and Exhibit GEN–6. VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 market,32 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 aforementioned 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 respondent selection for Oman. Because we intend to examine all known producers, if no comments are received or if comments received further support the existence of only this sole producer/exporter in Oman, we do not intend to conduct respondent selection and will proceed to issuing the forthcoming initial countervailing duty questionnaire to the company identified. However, if comments are received which compel the necessity of the respondent selection process, we otherwise intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. 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 http://enforcement.trade.gov/apo. Distribution of Copies of the Petitions In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the GSO and the GOT via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of aluminum foil from Oman and Turkey are materially injuring, or threatening material injury to, a U.S. industry.33 A negative ITC determination in any country will result 32 See Memorandum, ‘‘Release of Customs Data from U.S. Customs and Border Protection,’’ dated October 15, 2020 (Oman CBP Import Data Release Memo). 33 See section 703(a)(2) of the Act. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 in the investigation being terminated with respect to that country.34 Otherwise, these investigations will proceed according to the 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). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 35 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.36 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. 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 the letter or memorandum setting forth 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 34 See section 703(a)(1) of the Act. 19 CFR 351.301(b). 36 See 19 CFR 351.301(b)(2). 35 See E:\FR\FM\28OCN1.SGM 28OCN1 Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits, 78 FR 57790 (September 20, 2013), available at http://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.37 Parties must use the certification formats provided in 19 CFR 351.303(g).38 Commerce intends to 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. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information.39 This notice is issued and published pursuant to sections 702(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. 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 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); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. 39 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006 (March 26, 2020); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). jbell on DSKJLSW7X2PROD with NOTICES 38 See VerDate Sep<11>2014 18:29 Oct 27, 2020 Jkt 253001 [FR Doc. 2020–23926 Filed 10–26–20; 11:15 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA499] Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Transit Protection Program Pier and Support Facilities Project at Naval Base Kitsap Bangor, Washington Appendix 37 See 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. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued two incidental harassment authorizations (IHAs) to the U.S. Navy (Navy) to incidentally harass, by Level A and Level B harassment only, marine mammals during construction activities associated with the Transit Protection Program Pier and SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 68291 Support Facilities Project at Naval Base Kitsap Bangor in Silverdale, Washington over two years. DATES: These authorizations are effective from July 16, 2021 to January 15, 2022, and July 16, 2022 to January 15, 2023, respectively. FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected Resources, NMFS, (301) 427–8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https:// www.fisheries.noaa.gov/national/ marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing these documents, please call the contact listed above. SUPPLEMENTARY INFORMATION: Background The MMPA prohibits the ‘‘take’’ of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed incidental take authorization may be provided to the public for review. Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other ‘‘means of effecting the least practicable adverse impact’’ on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as ‘‘mitigation’’); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below. Summary of Request On January 14, 2020, NMFS received a request from the Navy for an IHA to E:\FR\FM\28OCN1.SGM 28OCN1

Agencies

[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
[Notices]
[Pages 68287-68291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23926]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-816 and C-489-845]


Certain Aluminum Foil From the Sultanate of Oman and the Republic 
of Turkey: Initiation of Countervailing Duty Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Applicable October 19, 2020.

FOR FURTHER INFORMATION CONTACT: John Conniff; AD/CVD Operations, 
Office III (Oman) and Eliza Siordia; AD/CVD Operations, Office V 
(Turkey), Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1009 and (202) 482-3878, 
respectively.

SUPPLEMENTARY INFORMATION:

The Petition

    On September 29, 2020, the Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman) 
and the Republic of Turkey (Turkey), filed in proper form on behalf of 
the petitioners,\1\ domestic producers of aluminum foil.\2\ The 
Petition was accompanied by antidumping duty (AD) petitions concerning 
imports of aluminum foil from Armenia, Brazil, Oman, Russia, and 
Turkey.
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    \1\ The petitioners consist of the Aluminum Association Trade 
Enforcement Working Group and its individual members: Gr[auml]nges 
Americas Inc., JW Aluminum Company, and Novelis Corporation.
    \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 (Petitions).
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    On October 2, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petition in separate supplemental 
questionnaires.\3\ The petitioners filed

[[Page 68288]]

responses to the supplemental questionnaires on October 6, 2020.\4\
---------------------------------------------------------------------------

    \3\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping Duties on Imports of Certain Aluminum Foil from Armenia, 
Brazil, Oman, Russia, and Turkey and Countervailing Duties on 
Imports from Oman and Turkey: Supplemental Questions'' dated October 
2, 2020 (General Issues Supplement); ``Certain Aluminum Foil from 
the Sultanate of Oman--Petition for the Imposition of Countervailing 
Duties: Supplemental Questions,'' dated October 2, 2020; and 
``Certain Aluminum Foil from the Republic of Turkey--Petition for 
the Imposition of Countervailing Duties: Supplemental Questions,'' 
dated October 2, 2020.
    \4\ See Petitioners' Letters, ``Certain Aluminum Foil from 
Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' Amendments 
to Volume I Relating to General Issues,'' dated October 6, 2020; 
``Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and 
Turkey--Petitioners' Supplement to Volume VII Relating to a Request 
for the Imposition of Countervailing Duties on Imports from the 
Sultanate of Oman,'' dated October 6, 2020; and ``Certain Aluminum 
Foil from Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' 
Supplement to Volume VII Relating to a Request for the Imposition of 
Countervailing Duties on Imports from the Republic of Turkey,'' 
dated October 6, 2020.
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that the Government of the 
Sultanate of Oman (GSO) and the Government of Turkey (GOT) are 
providing countervailable subsidies, within the meaning of sections 701 
and 771(5) of the Act, to producers of aluminum foil in Oman and 
Turkey, and that imports of such products are materially injuring, or 
threatening material injury to, the domestic aluminum foil industry in 
the United States. Consistent with section 702(b)(1) of the Act and 19 
CFR 351.202(b), for those alleged programs on which we are initiating a 
CVD investigation, the petitioners provided reasonably available 
information in the Petitions to support their allegation.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in section 771(9)(C) of the Act. Commerce also 
finds that the petitioners demonstrated sufficient industry support 
necessary for the initiation of the requested CVD investigations.\5\
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    \5\ See the ``Determination of Industry Support for the 
Petition'' section, infra.
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Periods of Investigation

    Because the Petitions were filed on September 29, 2020, the periods 
of investigation are January 1, 2019 through December 31, 2019.

Scope of the Investigations

    The product covered by these investigations is aluminum foil from 
Oman and Turkey. For a full description of the scope of these 
investigations, see the appendix to this notice.

Scope Comments

    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).\6\ 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,\7\ 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 20 calendar days from the signature 
date of this notice.\8\ 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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    \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \8\ Commerce practice dictates that where a deadline falls on a 
weekend or Federal holiday, the appropriate deadline is the next 
business day (in this instance, April 20, 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, 2005).
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    Commerce requests that any factual information 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 also 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 AD and CVD Centralized Electronic Service 
System (ACCESS), unless an exception applies.\9\ An electronically 
filed document must be received successfully in its entirety by the 
time and date it is due.
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    \9\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011), and Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, which went into effect on 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%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified representatives of the GSO and the GOT of the receipt of the 
Petitions and provided them the opportunity for consultations with 
respect to the Petitions.\10\ Consultations were held with the GOT on 
October 8, 2020.\11\ The GOT submitted consultation remarks on October 
8, 2020.\12\ On October 16, 2020, we received a letter from the GSO 
acknowledging Commerce's invitation for consultations, but due to 
scheduling issues, we were unable to hold consultations prior to the 
initiation of the investigation.\13\ However, we intend to hold 
consultations with the GSO subsequent to initiation.
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    \10\ See Commerce's Letters, ``Countervailing Duty Petition on 
Aluminum Foil from Oman: Invitation for Consultations to Discuss the 
Countervailing Duty Petition,'' dated October 1, 2020; and see 
``Countervailing Duty Petition on Aluminum Foil from Turkey: 
Invitation for Consultations to Discuss the Countervailing Duty 
Petition,'' dated October 1, 2020.
    \11\ See Memorandum, ``Consultations with the Government of 
Turkey,'' dated October 8, 2020.
    \12\ See GOT's Letter, ``Countervailing Duty Petition on Certain 
Aluminum Foil from the Republic of Turkey: Consultations Held on 
October 8, 2020,'' dated October 8, 2020.
    \13\ See GSO's Letter, ``Countervailing Duty Petition on Certain 
Aluminum Foil from the Sultanate of Oman,'' dated October 14, 2020, 
(but filed with ACCESS on October 16, 2020).
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(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 702(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

[[Page 68289]]

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)).
---------------------------------------------------------------------------

    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 CVD 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.
---------------------------------------------------------------------------

    In determining whether the petitioners have standing under section 
702(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\
---------------------------------------------------------------------------

    \18\ See Volume I of the Petitions at 4-5 and Exhibit GEN-1.
    \19\ 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.
    \20\ Id. at 4-5 and Exhibits GEN-1 and GEN-3.
---------------------------------------------------------------------------

    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 702(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, the Petitions.\24\ Accordingly, Commerce determines that 
the Petitions were filed on behalf of the domestic industry within the 
meaning of section 702(b)(1) of the Act.\25\
---------------------------------------------------------------------------

    \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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Injury Test

    Because Oman and Turkey are ``Subsidies Agreement Countries'' 
within the meaning of section 701(b) of the Act, section 701(a)(2) of 
the Act applies to these investigations. Accordingly, the ITC must 
determine whether imports of the subject merchandise from Oman and/or 
Turkey materially injure, or threaten material injury to, a U.S. 
industry.

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioners 
allege that subject imports exceed the negligibility threshold provided 
for under section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petitions at 14-15, and Exhibit GEN-10.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \27\ See Volume I of the Petitions at 18-32 and Exhibits GEN-7 
and GEN-10 through GEN-15.
    \28\ See country-specific CVD 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).
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of aluminum foil from Oman and Turkey benefit from 
countervailable subsidies conferred by the GSO and the GOT, 
respectively. In accordance with section 703(b)(1) of the Act and 19 
CFR 351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 65 days after the date of this initiation.

Oman

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on all 8 of the 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the Oman CVD Initiation Checklist. A 
public version of the

[[Page 68290]]

initiation checklist for this investigation is available on ACCESS.

Turkey

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on all 25 of the 
alleged programs. For a full discussion of the basis for our decision 
to initiate on each program, see the Turkey CVD Initiation Checklist. A 
public version of the initiation checklist for this investigation is 
available on ACCESS.

Respondent Selection

Turkey

    In the Petition, the petitioners named ten companies from Turkey as 
producers/exporters of aluminum foil.\29\ Commerce intends to follow 
its standard practice in CVD investigations and calculate company-
specific subsidy rates in these investigations. In the event Commerce 
determines that the number of companies is large and it cannot 
individually examine each company based upon its resources, where 
appropriate, Commerce intends to select mandatory respondents 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 appendix to this notice.
---------------------------------------------------------------------------

    \29\ See Volume VIII of the Petition for Turkey at 2 and Exhibit 
GEN-6.
---------------------------------------------------------------------------

    On October 15, 2020, Commerce released CBP data on imports of 
aluminum foil from 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.\30\ Commerce will not 
accept rebuttal comments regarding the CBP data or respondent 
selection.
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    \30\ See Memorandum, ``Petition for the Imposition of 
Countervailing Duties on Imports of Certain Aluminum Foil from 
Turkey: Release of Customs Data from U.S. Customs and Border 
Protection,'' dated October 15, 2020.
---------------------------------------------------------------------------

Oman

    In the Petition, the petitioners named only one company as a 
producer/exporter of aluminum foil in Oman, Oman Aluminum Rolling 
Company.\31\ Furthermore, we placed CBP import data onto the record of 
this proceeding, which corroborates the existence of Oman Aluminum 
Rolling Company as the sole producer/exporter in the foreign 
market,\32\ 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 aforementioned 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 
respondent selection for Oman. Because we intend to examine all known 
producers, if no comments are received or if comments received further 
support the existence of only this sole producer/exporter in Oman, we 
do not intend to conduct respondent selection and will proceed to 
issuing the forthcoming initial countervailing duty questionnaire to 
the company identified. However, if comments are received which compel 
the necessity of the respondent selection process, we otherwise intend 
to finalize our decisions regarding respondent selection within 20 days 
of publication of this notice.
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    \31\ See Volume VII of the Petition for Oman at 2 and Exhibit 
GEN-6.
    \32\ 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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    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 http://enforcement.trade.gov/apo.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the GSO and the GOT via ACCESS. To the extent practicable, 
we will attempt to provide a copy of the public version of the 
Petitions to each exporter named in the Petitions, as provided under 19 
CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of aluminum foil from Oman and Turkey are 
materially injuring, or threatening material injury to, a U.S. 
industry.\33\ A negative ITC determination in any country will result 
in the investigation being terminated with respect to that country.\34\ 
Otherwise, these investigations will proceed according to the statutory 
and regulatory time limits.
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    \33\ See section 703(a)(2) of the Act.
    \34\ See section 703(a)(1) of the Act.
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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). 19 CFR 351.301(b) requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
\35\ 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.\36\ 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.
---------------------------------------------------------------------------

    \35\ See 19 CFR 351.301(b).
    \36\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

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 the letter or memorandum setting 
forth 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

[[Page 68291]]

limited circumstances we will grant untimely-filed requests for the 
extension of time limits. Parties should review Extension of Time 
Limits, 78 FR 57790 (September 20, 2013), available at http://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.\37\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\38\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
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    \37\ See section 782(b) of the Act.
    \38\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 
published Antidumping and Countervailing Duty Proceedings: Documents 
Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 
Parties wishing to participate in this investigation should ensure that 
they meet the requirements of these procedures (e.g., the filing of 
letters of appearance as discussed at 19 CFR 351.103(d)). Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information.\39\
---------------------------------------------------------------------------

    \39\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020); see also 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 702(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. 2020-23926 Filed 10-26-20; 11:15 am]
BILLING CODE 3510-DS-P