Certain Aluminum Foil From the Sultanate of Oman: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 23681-23683 [2021-09320]
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–140]
Certain Mobile Access Equipment and
Subassemblies Thereof From the
People’s Republic of China:
Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT:
William Langley at (202) 482–3861 or
Theodore Pearson at (202) 482–2631,
AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 18, 2021, the Department of
Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of certain mobile access
equipment and subassemblies thereof
(mobile access equipment) from the
People’s Republic of China (China).1
Currently, the preliminary
determination is due no later than May
24, 2021.
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BILLING CODE 3510–DS–P
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a CVD investigation
within 65 days after the date on which
Commerce initiated the investigation.
However, section 703(c)(1) of the Act
permits Commerce to postpone the
preliminary determination until no later
than 130 days after the date on which
Commerce initiated the investigation if:
(A) The petitioner makes a timely
request for a postponement; or (B)
Commerce concludes that the parties
concerned are cooperating, that the
investigation is extraordinarily
complicated, and that additional time is
necessary to make a preliminary
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
more before the scheduled date of the
preliminary determination and must
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Initiation of Countervailing Duty
Investigation, 86 FR 15905 (March 25, 2021).
17:13 May 03, 2021
Jkt 253001
Dated: April 28, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–09317 Filed 5–3–21; 8:45 am]
Postponement of Preliminary
Determination
VerDate Sep<11>2014
state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On April 26, 2021, the petitioner 2
submitted a timely request that
Commerce postpone the preliminary
CVD determination.3 The petitioner
stated that it requests postponement so
that Commerce has adequate time to
analyze questionnaire responses from
the mandatory respondents and the
Government of China.4
In accordance with 19 CFR
351.205(e), the petitioner stated the
reasons for requesting a postponement
of the preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e., July 26,
2021. Pursuant to section 705(a)(1) of
the Act and 19 CFR 351.210(b)(1), the
deadline for the final determination of
this investigation will continue to be 75
days after the date of the preliminary
determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
DEPARTMENT OF COMMERCE
23681
is being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation 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:
Benjamin A. Smith or Alexander
Cipolla, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: 202–482–2181 or
202–482–4956.
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
Oman.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
Decision Memorandum.5 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
International Trade Administration
[A–523–815]
Certain Aluminum Foil From the
Sultanate of Oman: 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.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain aluminum foil (aluminum
foil) from the Sultanate of Oman (Oman)
AGENCY:
2 The petitioner is the Coalition of American
Manufacturers of Mobile Access Equipment.
3 See Petitioner’s Letter, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Request for
Postponement of Preliminary Determination,’’ dated
April 26, 2021.
4 Id.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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’ submission, ‘‘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-ThanFair-Value Investigation of Certain Aluminum Foil
from the Sultanate of Oman,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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04MYN1
23682
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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
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,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).7 Interested parties
commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
scope 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
be no further opportunity for comments
on scope-related issues.
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Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce 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. For a full description of
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, and hereby adopted by 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, and ‘‘Public Comment’’
section of this notice.
VerDate Sep<11>2014
17:13 May 03, 2021
Jkt 253001
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, the ‘‘all others’’
rate is based on the dumping margin
calculated for Oman Aluminium Rolling
Company LLC (OARC), the only entity
selected for individual examination and
for which Commerce calculated a
margin.10
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist: 11
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
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 allothers estimated weighted-average
dumping margin.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where we
preliminarily make an affirmative
determination for countervailable export
subsidies, we offset the estimated
weighted-average dumping margin by
the appropriate CVD rate. However, in
the companion CVD preliminary
determination, we did not countervail
any export subsidies.12 Accordingly, we
made no adjustment for export subsidy
offsets to the estimated weightedaverage dumping margin.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose its
calculations and analysis to interested
parties in this preliminary
Oman Aluminium Rolling Comdetermination within five days of any
pany LLC .................................
4.03 public announcement or, if there is no
All Others ....................................
4.03
public announcement, within five days
of the date of publication of this notice
Suspension of Liquidation
in accordance with 19 CFR 351.224(b).
In accordance with section 733(d)(2)
Verification
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
As provided in section 782(i)(1) of the
suspend liquidation of entries of subject Act, Commerce intends to verify the
merchandise, as described in Appendix information relied upon in making its
I, entered, or withdrawn from
final determination. Normally,
warehouse, for consumption on or after
Commerce verifies information using
the date of publication of this notice in
standard procedures, including an
the Federal Register.
onsite examination of original
Further, pursuant to section
accounting, financial, and sales
733(d)(1)(B) of the Act and 19 CFR
documentation. However, due to current
351.205(d), where appropriate,
travel restrictions in response to the
Commerce will instruct CBP to require
global COVID–19 pandemic, Commerce
a cash deposit equal to the estimated
is unable to conduct on-site verification
weighted-average dumping margin or
of this investigation. Accordingly, we
the estimated all-others rate, as follows:
intend to verify the information relied
(1) The cash deposit rate for the
respondent listed above will be equal to upon in making the final determination
through alternative means in lieu of an
the company-specific estimated
on-site verification.
weighted-average dumping margin
determined in this preliminary
12 See Certain Aluminum Foil from the Sultanate
determination; (2) if the exporter is not
10 See
11 See
PO 00000
section 735(c)(5)(A) of the Act.
Preliminary Decision Memorandum.
Frm 00013
Fmt 4703
Sfmt 4703
of Oman: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 86 FR 12913 (March 5, 2021).
E:\FR\FM\04MYN1.SGM
04MYN1
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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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 case briefs, may be submitted
not 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
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
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).
VerDate Sep<11>2014
17:13 May 03, 2021
Jkt 253001
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On April 22, 2021, pursuant to 19
CFR 351.210(e), OARC requested that
Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.15 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 not 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 Oman
are materially injuring, or threaten
material injury to, the U.S. industry.
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. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–09320 Filed 5–3–21; 8:45 am]
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).
BILLING CODE 3510–DS–P
Dated: April 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
[A–821–828]
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
15 See OARC’s Letter, ‘‘Certain Aluminum Foil
from Oman: Request for Postponement of Final
Determination,’’ dated April 22, 2021.
PO 00000
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Fmt 4703
Sfmt 4703
23683
DEPARTMENT OF COMMERCE
International Trade Administration
Certain Aluminum Foil From Russia:
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.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that certain aluminum foil (aluminum
foil) from Russia is being, or is likely to
be, sold in the United States at less than
fair value (LTFV). The period of
investigation is July 1, 2019, through
June 30, 2020. Interested parties are
invited to comment on this preliminary
determination.
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23681-23683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-815]
Certain Aluminum Foil From the Sultanate of Oman: 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 the Sultanate of Oman
(Oman) is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation 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: Benjamin A. Smith or Alexander
Cipolla, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2181
or 202-482-4956.
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 Oman.\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 Decision Memorandum.\5\ A
list of topics included in the Preliminary Decision Memorandum is
included as Appendix
[[Page 23682]]
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' submission, ``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 the Sultanate of Oman,'' 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
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,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ Interested parties
commented on the scope of the investigation as it appeared in the
Initiation Notice. For a summary of the scope 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, and hereby adopted by 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, and ``Public Comment''
section of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce 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. 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, the ``all others'' rate is based on the
dumping margin calculated for Oman Aluminium Rolling Company LLC
(OARC), the only entity selected for individual examination and for
which Commerce calculated a margin.\10\
---------------------------------------------------------------------------
\10\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist: \11\
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\11\ See Preliminary Decision Memorandum.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company LLC.......................... 4.03
All Others.................................................. 4.03
------------------------------------------------------------------------
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), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) The cash deposit rate
for the respondent listed above will be equal to the company-specific
estimated weighted-average dumping margin 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where we preliminarily make an affirmative determination for
countervailable export subsidies, we offset the estimated weighted-
average dumping margin by the appropriate CVD rate. However, in the
companion CVD preliminary determination, we did not countervail any
export subsidies.\12\ Accordingly, we made no adjustment for export
subsidy offsets to the estimated weighted-average dumping margin.
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\12\ See Certain Aluminum Foil from the Sultanate of Oman:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 86 FR 12913 (March 5, 2021).
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These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose its calculations and analysis 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 unable to conduct
on-site verification of 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.
[[Page 23683]]
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 case briefs, may be submitted not 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 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 April 22, 2021, pursuant to 19 CFR 351.210(e), OARC requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ 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 not 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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\15\ See OARC's Letter, ``Certain Aluminum Foil from Oman:
Request for Postponement of Final Determination,'' dated April 22,
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 Oman 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.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-09320 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P
