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]

Download as PDF 23672 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] khammond on DSKJM1Z7X2PROD with NOTICES 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 Jkt 253001 [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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04MYN1.SGM 04MYN1 23673 Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices 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 http://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: http://enforcement.trade.gov/policy/bull05-1.pdf. Suspension of Liquidation khammond on DSKJM1Z7X2PROD with NOTICES Scope Comments VerDate Sep<11>2014 17:13 May 03, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\04MYN1.SGM 04MYN1 23674 Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES 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). VerDate Sep<11>2014 17:13 May 03, 2021 Jkt 253001 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 PO 00000 Temporary Rule. Frm 00005 Fmt 4703 Sfmt 4703 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. E:\FR\FM\04MYN1.SGM 04MYN1 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 [FR Doc. 2021–09321 Filed 5–3–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:13 May 03, 2021 Jkt 253001 [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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[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]


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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 http://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).
---------------------------------------------------------------------------

    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.
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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: http://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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \14\ See Armenal's Letter, ``Certain Aluminum Foil from Armenia: 
Armenal's Request for Postponement for Final Antidumping 
Determination,'' dated March 23, 2021.
---------------------------------------------------------------------------

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