Certain Aluminum Foil From the Republic of Armenia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 23672-23675 [2021-09321]
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the Board to
grant to qualified corporations the
privilege of establishing foreign-trade
zones in or adjacent to U.S. Customs
and Border Protection ports of entry;
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR Sec. 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the Louisville & Jefferson
County Riverport Authority, grantee of
Foreign-Trade Zone 29, submitted an
application to the Board (FTZ Docket B–
51–2020, docketed August 5, 2020) for
authority to expand existing magnet Site
15 under the ASF;
Whereas, notice inviting public
comment was given in the Federal
Register (85 FR 48503–48504, 8/11/
2020) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, Therefore, the Board hereby
orders:
The application to expand FTZ 29
under the ASF is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, and further that the site would
continue to be subject to a five-year
sunset provision as an ASF magnet site.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–52–2020]
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Foreign-Trade Zone 38—Spartanburg
County, South Carolina, Application
for Production Authority, Teijin Carbon
Fibers, Inc., Amendment of Application
The Foreign-Trade Zones (FTZ) Board
(the Board) has received a submission
from the South Carolina State Ports
Authority, grantee of FTZ 38, amending
the application requesting production
authority within FTZ 38 on behalf of
Teijin Carbon Fibers, Inc. (TCF), in
Greenwood, South Carolina. The Board
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[FR Doc. 2021–09378 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Approval of Subzone Status; Piramal
Critical Care, Inc.; Linden, New Jersey
[FR Doc. 2021–09314 Filed 5–3–21; 8:45 am]
17:13 May 03, 2021
Dated: April 29, 2021.
Andrew McGilvray,
Executive Secretary.
[S–38–2021]
Dated: April 27, 2021.
Christian B. Marsh,
Acting Assistant Secretary for Enforcement
and Compliance, Alternate Chairman,
Foreign-Trade Zones Board.
VerDate Sep<11>2014
is inviting public comment on the
amendment to the application.
The amendment removes 12,000 tow
polyacrylonitrile fiber (precursor) from
the foreign-status materials/components
that TCF could use under the requested
FTZ authority. In response to this
invitation for public comment, parties
may also address argument or evidence
presented in the application and in
other prior submissions in this
proceeding. The amendment,
application and parties’ submissions
may be viewed in the Online FTZ
Information System on the Board’s
website (accessible via www.trade.gov/
ftz).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov.
The closing period for their receipt is
June 3, 2021. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period (to
June 18, 2021).
FOR FURTHER INFORMATION CONTACT:
Diane Finver at Diane.Finver@trade.gov.
On March 5, 2021, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the State of New Jersey,
Department of State, grantee of FTZ 44,
requesting subzone status subject to the
existing activation limit of FTZ 44, on
behalf of Piramal Critical Care, Inc., in
Linden, New Jersey.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (86 FR 13694, March 10,
2021). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval. Pursuant
to the authority delegated to the FTZ
Board Executive Secretary (15 CFR
400.36(f)), the application to establish
Subzone 44N was approved on April 28,
2021, subject to the FTZ Act and the
Board’s regulations, including Section
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400.13, and further subject to FTZ 44’s
407.5-acre activation limit.
Dated: April 28, 2021.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2021–09313 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–831–804]
Certain Aluminum Foil From the
Republic of Armenia: 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 Republic of Armenia
(Armenia) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is January 1, 2020,
through June 30, 2020. Interested parties
are invited to comment on this
preliminary determination.
DATES: Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Margaret Collins or 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) 482–6250 or
(202) 482–1167, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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
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
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Commerce published the notice of
initiation of this investigation on
October 19, 2020.3 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
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
Armenia. For a complete description of
the scope of this investigation, see
Appendix I.
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
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. Because
Armenia is a non-market economy,
within the meaning of section 771(18) of
the Act, Commerce has calculated
normal value (NV) in accordance with
section 773(c) of the Act. For a full
description of the methodology
underlying Commerce’s preliminary
determination, see the Preliminary
Decision Memorandum.
Combination Rates
In the Initiation Notice,10 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.11
In this investigation, we calculated
producer/exporter combination rates for
Armenal, the only respondent eligible
for a separate rate.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Estimated
weighted-average
dumping margin
(percent)
Producer
Exporter
Rusal Armenal CJSC .............................................................
Rusal Armenal CJSC .............................................................
Armenia-Wide Entity ...............................................................
Rusal Products GmbH ...........................................................
Rusal Marketing GmbH ..........................................................
.................................................................................................
188.84
188.84
188.84
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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 equal to the
weighted average amount by which NV
exceeds U.S. price, as indicated in the
chart above, as follows: (1) For the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of Armenia producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the Armeniawide entity; and (3) for all third-county
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Armenia
producer/exporter combination (or the
Armenia-wide entity) that supplied that
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 Republic of Armenia,’’ 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)
(Preamble).
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, and ‘‘Public Comment’’
section of this notice.
10 See Initiation Notice.
11 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at:
https://enforcement.trade.gov/policy/bull05-1.pdf.
Suspension of Liquidation
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Scope Comments
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third-country exporter. 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
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 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
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12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements); see also
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).
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17:13 May 03, 2021
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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
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.
13 See
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Temporary Rule.
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On March 23, 2021, pursuant to 19
CFR 351.210(e), Armenal 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, 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 the subject merchandise 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.
14 See Armenal’s Letter, ‘‘Certain Aluminum Foil
from Armenia: Armenal’s Request for Postponement
for Final Antidumping Determination,’’ dated
March 23, 2021.
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
Appendix I—Scope of the Investigation
DEPARTMENT OF COMMERCE
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.
International Trade Administration
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
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[A–570–124, C–570–125]
Certain Vertical Shaft Engines Between
99cc and Up to 225cc, and Parts
Thereof From the People’s Republic of
China: Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing antidumping duty
(AD) and countervailing duty (CVD)
orders on certain vertical shaft engines
between 99cc and up to 225cc, and parts
thereof (small vertical engines) from the
People’s Republic of China (China).
DATES: Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin Luberda (AD) or Ajay Menon
(CVD), AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2185 or
(202) 482–1993, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on March 12, 2021,
Commerce published its affirmative
final determination of sales at less-thanfair-value (LTFV) 1 and its affirmative
final determination that countervailable
subsidies are being provided to
producers and exporters of small
vertical engines from China.2 As part of
these determinations, Commerce made
affirmative critical circumstances
findings for the Zongshen Group 3 and
the China-wide entity in the AD
investigation and Chongqing Zongshen
General Power Machine Co. in the CVD
1 See Certain Vertical Shaft Engines Between 99cc
and Up to 225cc, and Parts Thereof, from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 86 FR 14077 (March 12,
2021) (LTFV Final Determination).
2 See Certain Vertical Shaft Engines Between 99cc
and Up To 225cc, and Parts Thereof from the
People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 86 FR 14071
(March 12, 2021) (CVD Final Determination).
3 The Zongshen Group consists of Chongqing
Zongshen General Power Machine Co., Ltd./
Chongqing Dajiang Power Equipment Co., Ltd./
Chongqing Zongshen Power Machinery Co., Ltd.
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23675
investigation.4 Commerce made
negative critical circumstances findings
for Chongqing Kohler Engines Ltd.
(Chongqing Kohler) and the nonindividually examined separate rate
companies in the AD investigation and
Chongqing Kohler and all other
exporters and producers in the CVD
investigation.5 On April 26, 2021, the
ITC notified Commerce of its final
affirmative determinations that an
industry in the United States is
materially injured by reason of LTFV
imports and subsidized imports of small
vertical engines from China, within the
meaning of sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.6 In addition,
the ITC found that critical
circumstances exist with regard to
certain imports from China.
Scope of the Orders
The products covered by these orders
are small vertical engines from China.
For a complete description of the scope
of the orders, see Appendix I to this
notice.
AD Order
On April 26, 2021, in accordance with
section 735(d) of the Act, the ITC
notified Commerce of its final
determinations that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
imports of small vertical engines from
China.7 Therefore, Commerce is issuing
this AD order in accordance with
sections 735(c)(2) and 736 of the Act.
Because the ITC determined that
imports of small vertical engines from
China are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from China entered, or
withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties. In
addition, the ITC found that critical
circumstances exist with regard to
imports from China subject to
Commerce’s affirmative critical
circumstances findings within the
meaning of section 735(b)(4)(A) of the
Act. As a result of Commerce’s
affirmative critical circumstances
determination under section 735(a)(3) of
the Act, and the ITC’s affirmative
4 See LTFV Final Determination, 86 FR at 14077–
140778; and CVD Final Determination, 86 FR at
14071, and accompanying Issues and Decision
Memorandum at Comments 4 and 5.
5 See LTFV Final Determination, 86 FR at 14078;
and CVD Final Determination, 86 FR at 14071, and
accompanying Issues and Decision Memorandum at
Comments 4 and 5.
6 See ITC’s Letter, Notification of ITC Final
Determinations, dated April 26, 2021 (ITC
Notification).
7 Id.
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[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23672-23675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09321]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-831-804]
Certain Aluminum Foil From the Republic of Armenia: 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 Republic of Armenia
(Armenia) is being, or is likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is
January 1, 2020, through June 30, 2020. Interested parties are invited
to comment on this preliminary determination.
DATES: Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT: Margaret Collins or 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) 482-6250 or (202)
482-1167, respectively.
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\
[[Page 23673]]
Commerce published the notice of initiation of this investigation on
October 19, 2020.\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 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/.
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\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 Republic of Armenia,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is aluminum foil from
Armenia. 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.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\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).
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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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\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.
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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. Because Armenia is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value (NV) in accordance with section
773(c) of the Act. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
Combination Rates
In the Initiation Notice,\10\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\11\ In this investigation, we calculated
producer/exporter combination rates for Armenal, the only respondent
eligible for a separate rate.
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\10\ See Initiation Notice.
\11\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at: https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-average
Producer Exporter dumping margin
(percent)
------------------------------------------------------------------------
Rusal Armenal CJSC........... Rusal Products GmbH.. 188.84
Rusal Armenal CJSC........... Rusal Marketing GmbH. 188.84
Armenia-Wide Entity.......... ..................... 188.84
------------------------------------------------------------------------
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 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 equal
to the weighted average amount by which NV exceeds U.S. price, as
indicated in the chart above, as follows: (1) For the producer/exporter
combinations listed in the table above, the cash deposit rate is equal
to the estimated weighted-average dumping margin listed for that
combination in the table; (2) for all combinations of Armenia
producers/exporters of merchandise under consideration that have not
established eligibility for their own separate rates, the cash deposit
rate will be equal to the estimated weighted-average dumping margin
established for the Armenia-wide entity; and (3) for all third-county
exporters of merchandise under consideration not listed in the table
above, the cash deposit rate is the cash deposit rate applicable to the
Armenia producer/exporter combination (or the Armenia-wide entity) that
supplied that
[[Page 23674]]
third-country exporter. 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 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 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); see also 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), Armenal 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 Armenal's Letter, ``Certain Aluminum Foil from Armenia:
Armenal's Request for Postponement for Final Antidumping
Determination,'' 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, 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 the subject merchandise 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.
[[Page 23675]]
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 the Investigation
V. Scope Comments
VI. Affiliation
VII. Discussion of the Methodology
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-09321 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P
