Certain Aluminum Foil From the Sultanate of Oman and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 68287-68291 [2020-23926]
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Federal Register / Vol. 85, No. 209 / Wednesday, October 28, 2020 / Notices
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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
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content is not expected to affect the
estimated average hours per response
because a similar number of questions
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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
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Affected Public: Households and
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[FR Doc. 2020–23819 Filed 10–27–20; 8:45 am]
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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
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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
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abroad.
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Open Session
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Yvette Springer,
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[FR Doc. 2020–23839 Filed 10–27–20; 8:45 am]
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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.
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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
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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).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).
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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
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.
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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).
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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
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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)).
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.
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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.
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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).
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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
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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.
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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
https://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.
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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
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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
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.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
https://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
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]]>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]
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\5\ See the ``Determination of Industry Support for the
Petition'' section, infra.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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 https://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.
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\35\ See 19 CFR 351.301(b).
\36\ See 19 CFR 351.301(b)(2).
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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 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.\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
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. 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\
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\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
