Certain Aluminum Foil From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination, and Alignment of Final Determination With Final Antidumping Duty Determination, 12911-12913 [2021-04565]
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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
7304.59.8060, 7304.59.8065, and
7304.59.8070. The HTSUS subheadings and
specifications are provided for convenience
and customs purposes; the written
description of the scope is dispositive.
[FR Doc. 2021–04567 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–845]
Certain Aluminum Foil From the
Republic of Turkey: Preliminary
Affirmative Countervailing Duty
Determination, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain aluminum foil (aluminum foil)
from the Republic of Turkey (Turkey)
during the period of investigation
January 1, 2019, through December 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable March 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6274, or (202) 482–3878,
respectively.
SUPPLEMENTARY INFORMATION:
Background
jbell on DSKJLSW7X2PROD with NOTICES
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 28, 2020.1 On December 3,
2020, Commerce postponed the
preliminary determination to February
26, 2021.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
1 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 85 FR 68287
(October 28, 2020) (Initiation Notice).
2 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Postponement
of Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 78121 (December 3,
2020).
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20:30 Mar 04, 2021
Jkt 253001
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
several comments concerning the scope
of the antidumping duty (AD) and
countervailing duty (CVD)
investigations of aluminum foil as it
appeared in the Initiation Notice. We
are currently evaluating the scope
comments filed by the interested
parties. We intend to issue our
preliminary decision regarding the
scope of the AD and CVD investigations
in the preliminary determinations of the
companion AD investigations, the
deadline for which is April 27, 2021.6
We will incorporate the scope decisions
from the AD investigations into the
scope of the final CVD determination for
this investigation after considering any
relevant comments submitted in scope
case and rebuttal briefs.7
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Certain
Aluminum Foil from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 85 FR at 68288.
6 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 9909
(February 17, 2021).
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
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Fmt 4703
Sfmt 4703
12911
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because Commerce finds
that the Government of Turkey did not
act to the best of its ability to respond
to Commerce’s requests for information,
Commerce drew an adverse inference
where appropriate in selecting from
among the facts otherwise available.9
For further information, see ‘‘Use of
Facts Otherwise Available and
Application of Adverse Inferences’’ in
the Preliminary Decision Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of aluminum foil from
Turkey based on a request made by the
petitioners.10 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
12, 2021, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any rates that are
zero, de minimis, or based entirely
under section 776 of the Act.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See sections 776(a) and (b) of the Act.
10 See Petitioners’ Letter, ‘‘Countervailing Duty
Investigations of Certain Aluminum Foil from the
Sultanate of Oman and the Republic of Turkey—
Petitioners’ Request to Align Final Countervailing
Duty Determinations With The Companion
Antidumping Duty Final Determinations,’’ dated
February 11, 2021. The petitioners are Aluminum
Association Trade Enforcement Working Group and
its individual members, Granges Americas Inc., JW
Aluminum Company, and Novelis Corporation.
E:\FR\FM\05MRN1.SGM
05MRN1
12912
Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
Commerce calculated an individual
estimated countervailable subsidy rate
for Assan Aluminyum Sanayi ve Ticaret
A.S. (Assan), the only individuallyexamined exporter/producer in this
investigation.11 Because the only
individually calculated rate is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average rate calculated for
Assan is the rate assigned to all-other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Subsidy
rate (ad valorem)
(percent)
Company
Assan Aluminyum Sanayi ve Ticaret
A.S.12 ...............................................
All Others ............................................
2.79
2.79
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register. Further, pursuant to 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit equal to the
rates indicated above.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice, in accordance
with 19 CFR 351.224(b).
jbell on DSKJLSW7X2PROD with NOTICES
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify the
information relied upon in making its
final determination. Normally,
11 Commerce also selected Kibar Dis Ticaret A.S.
(Kibar Dis) as a mandatory company respondent in
this investigation. Based on Kibar Dis’
questionnaire response, we preliminarily find that
it is a cross-owned affiliate of Assan. Therefore, we
are not calculating a separate subsidy rate for Kibar
Dis. See Preliminary Decision Memorandum.
12 As discussed in the Preliminary Decision
Memorandum, Commerce has preliminarily found
Kibar Dis Ticaret A.S., Kibar Holding, and Ispak
Esnek Ambalaj Sanayi A.S. to be cross-owned,
pursuant to 19 CFR 351.525(b)(6)(vi), with Assan
Aluminyum Sanayi ve Ticaret A.S.
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20:30 Mar 04, 2021
Jkt 253001
Commerce verifies information using
standard procedures, including an onsite examination of original accounting,
financial, and sales documentation.
However, due to current travel
restrictions in response to the global
COVID–19 pandemic, Commerce is
unable to conduct on-site verification in
this investigation. Accordingly, we
intend to verify the information relied
upon in making the final determination
through alternative means in lieu of an
on-site verification.
Public Comment
All interested parties will have the
opportunity to submit case and rebuttal
briefs on the preliminary scope
determination. The deadline to submit
these comments will be established in
the preliminary scope decision
memorandum. Scope rebuttal briefs
(which are limited to issues raised in
the scope briefs) may be submitted no
later than seven days after the deadline
for the scope briefs. These deadlines
apply to the AD and CVD aluminum foil
investigations, regardless of the
deadlines of the preliminary
determinations in the AD investigations.
For all scope briefs and rebuttals
thereto, parties must file identical
documents simultaneously on the
records of all the ongoing AD and CVD
aluminum foil investigations. No new
factual information or business
proprietary information may be
included in either scope briefs or
rebuttal scope briefs.
Case briefs or other written comments
on non-scope matters may be submitted
to the Assistant Secretary for
Enforcement and Compliance.
Interested parties will be notified of the
deadline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.13 Pursuant
to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities. Commerce
has modified certain of its requirements
for serving documents containing
business proprietary information until
further notice.14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
13 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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Frm 00013
Fmt 4703
Sfmt 4703
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, then the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of aluminum foil from Turkey
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation 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 this
investigation 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
E:\FR\FM\05MRN1.SGM
05MRN1
Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices
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 this proceeding 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 this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021–04565 Filed 3–4–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–523–816]
Certain Aluminum Foil From the
Sultanate of Oman: Preliminary
Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain aluminum foil (aluminum foil)
from the Sultanate of Oman (Oman)
during the period of investigation,
January 1, 2019, through December 31,
2019. Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Applicable March 5, 2021.
John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
20:30 Mar 04, 2021
Jkt 253001
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on October 28, 2020.1 On December 3,
2020, Commerce postponed the
preliminary determination of this
investigation and the revised deadline is
now February 26, 2021.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed and electronic versions of
the Preliminary Decision Memorandum
are identical in content.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Oman. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 We received
several comments concerning the scope
of the antidumping duty (AD) and
countervailing duty (CVD)
investigations of aluminum foil as it
appeared in the Initiation Notice. We
are currently evaluating the scope
1 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 85 FR 68287
(October 28, 2020) (Initiation Notice).
2 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Postponement
of Preliminary Determinations in the Countervailing
Duty Investigations, 85 FR 78121 (December 3,
2020).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of Certain
Aluminum Foil from the Sultanate of Oman,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice.
PO 00000
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Fmt 4703
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12913
comments filed by the interested
parties. We intend to issue our
preliminary decision regarding the
scope of the AD and CVD investigations
in the preliminary determinations of the
companion AD investigations, the
deadline for which is April 27, 2021.6
We will incorporate the scope decisions
from the AD investigations into the
scope of the final CVD determination for
this investigation after considering any
relevant comments submitted in scope
case and rebuttal briefs.7
Methodology
Commerce is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.8
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), Commerce is aligning the
final CVD determination in this
investigation with the final
determination in the companion AD
investigation of aluminum foil from
Oman based on a request made by the
petitioners.9 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled no later than July 12, 2021,
unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, Commerce shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
6 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 9909
(February 17, 2021).
7 The deadline for interested parties to submit
scope case and rebuttal briefs will be established in
the preliminary scope decision memorandum.
8 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
9 See Petitioners’ Letter, ‘‘Countervailing Duty
Investigations of Certain Aluminum Foil from the
Sultanate of Oman and the Republic of Turkey—
Petitioners’ Request to Align Final Countervailing
Duty Determinations with the Companion
Antidumping Duty Final Determinations,’’ dated
February 11, 2021. The petitioners are Aluminum
Association Trade Enforcement Working Group and
its individual members, Granges Americas Inc., JW
Aluminum Company, and Novelis Corporation.
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12911-12913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04565]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-845]
Certain Aluminum Foil From the Republic of Turkey: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain aluminum foil (aluminum foil) from the Republic of
Turkey (Turkey) during the period of investigation January 1, 2019,
through December 31, 2019. Interested parties are invited to comment on
this preliminary determination.
DATES: Applicable March 5, 2021.
FOR FURTHER INFORMATION CONTACT: Whitley Herndon or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6274, or (202)
482-3878, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on October 28,
2020.\1\ On December 3, 2020, Commerce postponed the preliminary
determination to February 26, 2021.\2\ For a complete description of
the events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\3\ A list of topics discussed in the
Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/. The signed
and electronic versions of the Preliminary Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Initiation of Countervailing Duty
Investigations, 85 FR 68287 (October 28, 2020) (Initiation Notice).
\2\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Postponement of Preliminary Determinations in
the Countervailing Duty Investigations, 85 FR 78121 (December 3,
2020).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Countervailing Duty Investigation
of Certain Aluminum Foil from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum foil from
Turkey. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\4\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\5\ We received several
comments concerning the scope of the antidumping duty (AD) and
countervailing duty (CVD) investigations of aluminum foil as it
appeared in the Initiation Notice. We are currently evaluating the
scope comments filed by the interested parties. We intend to issue our
preliminary decision regarding the scope of the AD and CVD
investigations in the preliminary determinations of the companion AD
investigations, the deadline for which is April 27, 2021.\6\ We will
incorporate the scope decisions from the AD investigations into the
scope of the final CVD determination for this investigation after
considering any relevant comments submitted in scope case and rebuttal
briefs.\7\
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\5\ See Initiation Notice, 85 FR at 68288.
\6\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Postponement of Preliminary Determinations in
the Less-Than-Fair-Value Investigations, 86 FR 9909 (February 17,
2021).
\7\ The deadline for interested parties to submit scope case and
rebuttal briefs will be established in the preliminary scope
decision memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\8\
---------------------------------------------------------------------------
\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because Commerce finds that the Government of
Turkey did not act to the best of its ability to respond to Commerce's
requests for information, Commerce drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\9\
For further information, see ``Use of Facts Otherwise Available and
Application of Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\9\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of aluminum foil
from Turkey based on a request made by the petitioners.\10\
Consequently, the final CVD determination will be issued on the same
date as the final AD determination, which is currently scheduled to be
issued no later than July 12, 2021, unless postponed.
---------------------------------------------------------------------------
\10\ See Petitioners' Letter, ``Countervailing Duty
Investigations of Certain Aluminum Foil from the Sultanate of Oman
and the Republic of Turkey--Petitioners' Request to Align Final
Countervailing Duty Determinations With The Companion Antidumping
Duty Final Determinations,'' dated February 11, 2021. The
petitioners are Aluminum Association Trade Enforcement Working Group
and its individual members, Granges Americas Inc., JW Aluminum
Company, and Novelis Corporation.
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All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be
an amount equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
[[Page 12912]]
Commerce calculated an individual estimated countervailable subsidy
rate for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), the only
individually-examined exporter/producer in this investigation.\11\
Because the only individually calculated rate is not zero, de minimis,
or based entirely on facts otherwise available, the estimated weighted-
average rate calculated for Assan is the rate assigned to all-other
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the
Act.
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\11\ Commerce also selected Kibar Dis Ticaret A.S. (Kibar Dis)
as a mandatory company respondent in this investigation. Based on
Kibar Dis' questionnaire response, we preliminarily find that it is
a cross-owned affiliate of Assan. Therefore, we are not calculating
a separate subsidy rate for Kibar Dis. See Preliminary Decision
Memorandum.
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce has preliminarily found Kibar Dis Ticaret A.S., Kibar
Holding, and Ispak Esnek Ambalaj Sanayi A.S. to be cross-owned,
pursuant to 19 CFR 351.525(b)(6)(vi), with Assan Aluminyum Sanayi ve
Ticaret A.S.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
rate (ad
Company valorem)
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.\12\................. 2.79
All Others................................................. 2.79
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Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash deposit equal to the rates
indicated above.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice, in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Normally, Commerce verifies information using standard procedures,
including an on-site examination of original accounting, financial, and
sales documentation. However, due to current travel restrictions in
response to the global COVID-19 pandemic, Commerce is unable to conduct
on-site verification in this investigation. Accordingly, we intend to
verify the information relied upon in making the final determination
through alternative means in lieu of an on-site verification.
Public Comment
All interested parties will have the opportunity to submit case and
rebuttal briefs on the preliminary scope determination. The deadline to
submit these comments will be established in the preliminary scope
decision memorandum. Scope rebuttal briefs (which are limited to issues
raised in the scope briefs) may be submitted no later than seven days
after the deadline for the scope briefs. These deadlines apply to the
AD and CVD aluminum foil investigations, regardless of the deadlines of
the preliminary determinations in the AD investigations. For all scope
briefs and rebuttals thereto, parties must file identical documents
simultaneously on the records of all the ongoing AD and CVD aluminum
foil investigations. No new factual information or business proprietary
information may be included in either scope briefs or rebuttal scope
briefs.
Case briefs or other written comments on non-scope matters may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the deadline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\13\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. Commerce has
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\14\
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\13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\14\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a date and time to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its determination. If the
final determination is affirmative, then the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after the final determination whether imports of aluminum
foil from Turkey are materially injuring, or threaten material injury
to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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 this investigation 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
[[Page 12913]]
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 this
proceeding 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 this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and Application of Adverse
Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2021-04565 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-DS-P
