Certain Aluminum Foil From Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 23678-23680 [2021-09319]
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
air pollution controls are not excluded from
the scope of these proceedings. Engines that
may be certified under both 40 CFR part 1054
as well as other parts of subchapter U remain
subject to the scope of these proceedings.
Certain small vertical shaft engines,
whether or not mounted on non-hand-held
outdoor power equipment, including but not
limited to walk-behind lawn mowers and
pressure washers, are included in the scope.
However, if a subject engine is imported
mounted on such equipment, only the engine
is covered by the scope. Subject merchandise
includes certain small vertical shaft engines
produced in the subject country whether
mounted on outdoor power equipment in the
subject country or in a third country. Subject
engines are covered whether or not they are
accompanied by other parts.
For purposes of these orders, an unfinished
engine covers at a minimum a sub-assembly
comprised of, but not limited to, the
following components: Crankcase,
crankshaft, camshaft, piston(s), and
connecting rod(s). Importation of these
components together, whether assembled or
unassembled, and whether or not
accompanied by additional components such
as a sump, carburetor spacer, cylinder
head(s), valve train, or valve cover(s),
constitutes an unfinished engine for purposes
of these orders. The inclusion of other
products such as spark plugs fitted into the
cylinder head or electrical devices (e.g.,
ignition coils) for synchronizing with the
engine to supply tension current does not
remove the product from the scope. The
inclusion of any other components not
identified as comprising the unfinished
engine subassembly in a third country does
not remove the engine from the scope.
Specifically excluded from the scope of
these orders are ‘‘Commercial’’ or ‘‘Heavy
Commercial’’ engines under 40 CFR 1054.107
and 40 CFR 1054.135 that have (1) a
displacement of 160cc or greater, (2) a cast
Appendix II—Separate Rate Companies
Exporter
Producer
Non-individually-examined exporters receiving separate rates
Producers supplying the non-individually-examined exporters receiving
separate rates
Changzhou Kawasaki and Kwang Yang Engine Co., Ltd .......................
Chongqing Chen Hui Electric Machinery Co., Ltd ...................................
Chongqing Chen Hui Electric Machinery Co., Ltd ...................................
Chongqing HWASDAN Power Technology Co., Ltd ................................
Chongqing Rato Technology Co., Ltd ......................................................
CHONGQING SENCI IMPORT&EXPORT TRADE CO., LTD .................
CHONGQING SENCI IMPORT&EXPORT TRADE CO., LTD .................
Jialing-Honda Motors Co., Ltd ..................................................................
Loncin Motor Co., Ltd ...............................................................................
Wenling Qianjiang Imp. & Exp. Co., Ltd ..................................................
Wenling Qianjiang Imp. & Exp. Co., Ltd ..................................................
Zhejiang Amerisun Technology Co., Ltd ..................................................
Zhejiang Amerisun Technology Co., Ltd ..................................................
Zhejiang Amerisun Technology Co., Ltd ..................................................
Zhejiang Amerisun Technology Co., Ltd ..................................................
BILLING CODE 3510–DS–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–856]
Certain Aluminum Foil From Brazil:
Preliminary Affirmative Determination
of Sales at Less Than Fair Value,
Postponement of Final Determination,
and Extension of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) preliminarily determines
that certain aluminum foil (aluminum
foil) from Brazil is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation (POI) is July 1, 2019,
through June 30, 2020. Interested parties
SUMMARY:
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Changzhou Kawasaki and Kwang Yang Engine Co., Ltd.
CHONGQING AM PRIDE POWER & MACHINERY CO., LTD.
Chongqing Kohler Motors Co., Ltd.
Chongqing HWASDAN Power Technology Co., Ltd.
Chongqing Rato Technology Co., Ltd.
CHONGQING AM PRIDE POWER & MACHINERY CO., LTD.
Chongqing Zongshen General Power Machines Co., Ltd.
Jialing-Honda Motors Co., Ltd.
Loncin Motor Co., Ltd.
Chongqing Rato Technology Co., Ltd.
QIANJIANG GROUP WENLING JENNFENG INDUSTRY INC.
CHONGQING DINKING POWER MACHINERY CO., LTD.
Chongqing Rato Technology Co., Ltd.
LONCIN MOTOR CO., LTD.
Zhejiang Dobest Power Tools Co., Ltd.
are invited to comment on this
preliminary determination.
DATES: Applicable May 4, 2021.
[FR Doc. 2021–09318 Filed 5–3–21; 8:45 am]
khammond on DSKJM1Z7X2PROD with NOTICES
iron cylinder liner, (3) an automatic
compression release, and (4) and a muffler
with at least three chambers and volume
greater than 400cc.
The engines subject to these orders are
predominantly classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
at subheading 8407.90.1010. The engine
subassemblies that are subject to these orders
enter under HTSUS 8409.91.9990. The
mounted engines that are subject to these
orders enter under HTSUS 8433.11.0050,
8433.11.0060, and 8424.30.9000. Engines
subject to these orders may also enter under
HTSUS 8407.90.1020, 8407.90.9040, and
8407.90.9060. The HTSUS subheadings are
provided for convenience and customs
purposes only, and the written description of
the orders is dispositive.
George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1167.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). On September 29, 2020, the
Aluminum Association Trade
Enforcement Working Group and its
individual members 1 (collectively, the
1 The individual members of the Aluminum
Association Trade Enforcement Group include
Granges Americas Inc, JW Aluminum Company and
Novelis Corporation. The petitioners indicated that
Novelis Corporation acquired Aleris Corporation
(including all of Aleris’ aluminum foil-related
operations), effective April 14, 2020.
PO 00000
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Fmt 4703
Sfmt 4703
petitioners) requested the imposition of
antidumping and countervailing duties
on aluminum foil from five countries.2
On October 19, 2020, Commerce
initiated the antidumping duty
investigation on aluminum foil from
Brazil.3 On February 17, 2021,
Commerce postponed the preliminary
determination of this investigation, and
the revised deadline is now April 27,
2021.4 For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
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.
3 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 67711 (October 26, 2020) (Initiation Notice).
4 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).
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
Decision Memorandum.5 A list of topics
included 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/.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Brazil. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with the Preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).7 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this investigation, and
accompanying discussion and analysis
of all comments timely received, see the
Preliminary Scope Decision
Memorandum.8 As discussed in the
Preliminary Scope Decision
Memorandum, Commerce is
preliminarily not modifying the scope
language as it appeared in the Initiation
Notice.
The Preliminary Scope Decision
Memorandum establishes the deadline
to submit scope case briefs.9 There will
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Aluminum Foil
from Brazil,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
8 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Certain
Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian
Federation, and the Republic of Turkey:
Preliminary Scope Decision Memorandum,’’ dated
concurrently with this notice (Preliminary Scope
Decision Memorandum).
9 Case briefs, other written comments, and
rebuttal briefs submitted by parties in response to
this preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum; see also ‘‘Public Comment’’
section of this notice.
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Jkt 253001
be no further opportunity for comments
on scope-related issues.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated export prices in accordance
with section 772(a) of the Act. Normal
value (NV) is calculated in accordance
with section 773 of the Act.
Furthermore, pursuant to section 776(a)
and (b) of the Act, Commerce has
preliminarily relied upon facts
otherwise available with an adverse
inference for Arconic Ind. E Com de
Metias LTDA (Arconic). For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination Commerce
shall determine an estimated all-others
rate for all exporters and producers not
individually examined. Pursuant to
section 735(c)(5)(A) of the Act, this rate
shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis, or
determined entirely under section 776
of the Act.
In this investigation, Commerce
preliminarily calculated an individual
estimated weighted-average dumping
margin for Companhia Brasiliera de
Alumı´nio (CBA Alumı´nio) and CBA
Itapissuma 10 (collectively, CBA) and
assigned a rate based entirely on facts
available to Arconic, the two
respondents selected for individual
examination in this investigation.
Because the only individually
calculated dumping margin not zero, de
minimis, or based entirely on facts
otherwise available, is the estimated
weighted-average dumping margin
calculated for CBA, we have assigned
the margin calculated for CBA to all
other producers and exporters, pursuant
to section 735(c)(5)(A) of the Act.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
10 Id.
11 Commerce preliminarily determines that
Companhia Brasiliera de Alumı´nio and CBA
Itapissuma are affiliated, within the meaning of
771(33)(E) and (G) of the Act, and should be treated
as a single entity, in accordance with 19 CFR
351.401(f). See Preliminary Decision Memorandum.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Exporter or producer
Arconic Ind. E Com de Metias
LTDA .......................................
Companhia Brasiliera de
Alumı´nio/CBA Itapissuma 11 ....
All Others ....................................
23679
Estimated
weightedaverage
dumping
margin
(percent)
* 63.05
13.87
13.87
* Adverse Facts Available (AFA).
Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register.
Further, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP
to require a cash deposit for estimated
antidumping duties as follows: (1) The
cash deposit rate for the respondents
listed above will be equal to the
company-specific estimated weightedaverage dumping margins determined in
this preliminary determination; (2) if the
exporter is not a respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this preliminary
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of publication 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 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
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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
Case briefs or other written comments
on non-scope issues may be submitted
to the Assistant Secretary for
Enforcement and Compliance. A
timeline for the submission of case
briefs and written comments will be
provided to interested parties at a later
date. Rebuttal briefs, limited to issues
raised in these case briefs, may be
submitted no later than seven days after
the deadline date for case briefs.12
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.13
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 time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
khammond on DSKJM1Z7X2PROD with NOTICES
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID–19;
Extension of Effective Period, 85 FR 41363 (July 10,
2020).
13 See Temporary Rule.
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17:13 May 03, 2021
Jkt 253001
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On March 23, 2021, pursuant to 19
CFR 351.210(e), CBA requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.14 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) The
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination, pursuant to section
735(a)(2) of the Act.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary 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 Brazil
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
14 See CBA’s Letter, ‘‘Antidumping Duty
Investigation of Aluminum Foil from Brazil:
Request for Postponement of Final Determination
and Provisional Measures Period,’’ dated March 23,
2021.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Dated: April 27, 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
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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inferences
VII. Affiliation, Collapsing, and Preliminary
Successor-In-Interest Determination
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021–09319 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23678-23680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09319]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that certain aluminum foil (aluminum foil) from Brazil is being, or is
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is July 1, 2019, through June 30,
2020. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1167.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). On September
29, 2020, the Aluminum Association Trade Enforcement Working Group and
its individual members \1\ (collectively, the petitioners) requested
the imposition of antidumping and countervailing duties on aluminum
foil from five countries.\2\ On October 19, 2020, Commerce initiated
the antidumping duty investigation on aluminum foil from Brazil.\3\ On
February 17, 2021, Commerce postponed the preliminary determination of
this investigation, and the revised deadline is now April 27, 2021.\4\
For a complete description of the events that followed the initiation
of this investigation, see the Preliminary
[[Page 23679]]
Decision Memorandum.\5\ A list of topics included 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/.
---------------------------------------------------------------------------
\1\ The individual members of the Aluminum Association Trade
Enforcement Group include Granges Americas Inc, JW Aluminum Company
and Novelis Corporation. The petitioners indicated that Novelis
Corporation acquired Aleris Corporation (including all of Aleris'
aluminum foil-related operations), effective April 14, 2020.
\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.
\3\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 67711 (October 26, 2020) (Initiation Notice).
\4\ 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).
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Aluminum Foil from Brazil,'' 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
Brazil. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\8\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce is
preliminarily not modifying the scope language as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
\8\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Certain Aluminum Foil from the Republic of
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and
the Republic of Turkey: Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
The Preliminary Scope Decision Memorandum establishes the deadline
to submit scope case briefs.\9\ There will be no further opportunity
for comments on scope-related issues.
---------------------------------------------------------------------------
\9\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum; see also ``Public Comment''
section of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce has calculated export prices in
accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act. Furthermore,
pursuant to section 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available with an adverse
inference for Arconic Ind. E Com de Metias LTDA (Arconic). For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. Pursuant to section 735(c)(5)(A) of the Act, this rate shall
be an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters and producers
individually investigated, excluding rates that are zero, de minimis,
or determined entirely under section 776 of the Act.
In this investigation, Commerce preliminarily calculated an
individual estimated weighted-average dumping margin for Companhia
Brasiliera de Alum[iacute]nio (CBA Alum[iacute]nio) and CBA Itapissuma
\10\ (collectively, CBA) and assigned a rate based entirely on facts
available to Arconic, the two respondents selected for individual
examination in this investigation. Because the only individually
calculated dumping margin not zero, de minimis, or based entirely on
facts otherwise available, is the estimated weighted-average dumping
margin calculated for CBA, we have assigned the margin calculated for
CBA to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
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\10\ Id.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\11\ Commerce preliminarily determines that Companhia Brasiliera
de Alum[iacute]nio and CBA Itapissuma are affiliated, within the
meaning of 771(33)(E) and (G) of the Act, and should be treated as a
single entity, in accordance with 19 CFR 351.401(f). See Preliminary
Decision Memorandum.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Arconic Ind. E Com de Metias LTDA........................... * 63.05
Companhia Brasiliera de Alum[iacute]nio/CBA Itapissuma \11\. 13.87
All Others.................................................. 13.87
------------------------------------------------------------------------
* Adverse Facts Available (AFA).
Suspension of Liquidation
In accordance with section 733(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 Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), Commerce will instruct CBP to require a cash deposit for
estimated antidumping duties as follows: (1) The cash deposit rate for
the respondents listed above will be equal to the company-specific
estimated weighted-average dumping margins determined in this
preliminary determination; (2) if the exporter is not a respondent
identified above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the all-others estimated weighted-average dumping margin.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication 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
[[Page 23680]]
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
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance. A
timeline for the submission of case briefs and written comments will be
provided to interested parties at a later date. Rebuttal briefs,
limited to issues raised in these case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\12\
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.\13\
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\12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements); Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020)
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020).
\13\ See Temporary Rule.
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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 time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On March 23, 2021, pursuant to 19 CFR 351.210(e), CBA requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\14\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) The preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.
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\14\ See CBA's Letter, ``Antidumping Duty Investigation of
Aluminum Foil from Brazil: Request for Postponement of Final
Determination and Provisional Measures Period,'' dated March 23,
2021.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
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 Brazil are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: April 27, 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 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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inferences
VII. Affiliation, Collapsing, and Preliminary Successor-In-Interest
Determination
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-09319 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P
