Certain Aluminum Foil From the Republic of Turkey: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, 23686-23688 [2021-09323]
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23686
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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 and Collapsing as a Single
Entity
VII. Application of Facts Available and Use
of Adverse Inference
VIII. Recommendation
[FR Doc. 2021–09322 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–844]
Certain Aluminum Foil From the
Republic of Turkey: Preliminary
Negative Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination
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 Turkey
(Turkey) is not being, or is not 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.
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AGENCY:
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DATES:
Applicable May 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3683.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
Background
Scope Comments
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
Commerce initiated this LTFV
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
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.
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 foilrelated operations), effective April 14, 2020.
2 See Petitioners’ Letter, ‘‘Certain Aluminum Foil
from Armenia, Brazil, Oman, Russia, and Turkey—
Petition for the Imposition of Antidumping and
Countervailing Duties,’’ dated September 29, 2020.
3 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 85
FR 67711 (October 26, 2020) (Initiation Notice).
4 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Postponement of Preliminary Determinations in the
Less-Than-Fair-Value Investigations, 86 FR 9909
(February 17, 2021).
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Aluminum Foil
Sheet from the Republic of Turkey,’’ dated
concurrently with, and hereby adopted by this
notice (Preliminary Decision Memorandum).
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The product covered by this
investigation is aluminum foil from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
constructed export prices in accordance
with section 772(b) 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.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weighted6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
8 See Memorandum, ‘‘Antidumping and
Countervailing Duty Investigations of Certain
Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian
Federation, and the Republic of Turkey:
Preliminary Scope Decision Memorandum,’’ dated
concurrently with this notice (Preliminary Scope
Decision Memorandum).
9 Case briefs, other written comments, and
rebuttal briefs submitted by parties in response to
this preliminary LTFV determination should not
include scope-related issues. See Preliminary Scope
Decision Memorandum, and ‘‘Public Comment’’
section of this notice.
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
Verification
average dumping margin exists in this
investigation: 10
Exporter or producer
Estimated
weightedaverage
dumping
margin
(percent)
Assan Aluminyum Sanayi ve
Ticaret A.S.; Kibar Dis Ticaret
A.S.; and Ispak Esnek
Ambalaj Sanayi A.S ................
0.00
Commerce preliminarily determines
that the Assan Single Entity has not
made sales of aluminum foil at LTFV.
Further, because the Assan Single
Entity, which includes the two
companies which were selected for
examination as mandatory respondents
in this investigation, is the only party
for which an estimated weightedaverage dumping margin has been
calculated for this preliminary
determination, Commerce preliminarily
determines that aluminum foil from
Turkey has not been sold in the United
States at LTFV during the POI, and
Commerce is publishing this notice of a
negative preliminary determination.
Consistent with section 733(d) of the
Act, Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because Commerce has made a
negative preliminary determination of
sales at LTFV with regard to subject
merchandise, Commerce will not direct
U.S. Customs and Border Protection to
suspend liquidation or to require a cash
deposit of estimated antidumping duties
for entries of aluminum foil from
Turkey.
Disclosure
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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).
10 Commerce preliminarily determines that Assan
Aluminyum Sanayi ve Ticaret A.S. (Assan), Kibar
Dis Ticaret A.S. (Kibar Dis), and Ispak Esnek
Ambalaj Sanayi A.S. are a single entity
(collectively, Assan Single Entity). See Preliminary
Decision Memorandum; see also Memorandum
‘‘Less-Than-Fair-Value Investigation of Certain
Aluminum Foil from the Republic of Turkey:
Collapsing and Single Entity Treatment,’’ dated
concurrently with this notice.
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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.
Interested parties will be notified of the
timeline for the submission of such case
briefs and written comments at a later
date. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted
no later than seven days after the
deadline date for case briefs.11 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.12
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.
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
12 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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23687
Postponement of Final Determination
Section 735(a)(2)(B) 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 a negative preliminary
determination, a request for such
postponement is made by the
petitioners. On April 15, 2021, pursuant
to 19 CFR 351.210(e), the petitioners 13
requested that Commerce postpone the
final determination in the event of a
negative preliminary determination.14
In accordance with section 735(a)(2)(B)
of the Act, because the preliminary
determination is negative, and the
petitioners have requested the
postponement of the final
determination, Commerce is postponing
the final determination. Accordingly,
Commerce will make its final
determination by 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
Commerce’s final determination is
affirmative, then the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of aluminum foil from
Turkey are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: April 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is aluminum foil having a
13 The Aluminum Association Trade Enforcement
Working Group and its individual members,
Gra¨nges Americas Inc., JW Aluminum Company,
and Novelis Corporation (collectively, the
petitioners). The petitioners indicated that Novelis
Corporation acquired Aleris Corporation (including
all of Aleris’ aluminum foil-related operations),
effective April 14, 2020.
14 See Petitioners’ Letter, ‘‘Certain Aluminum Foil
from Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey—
Petitioners’ Request for Postponement of Final
Antidumping Determinations,’’ dated April 15,
2021.
E:\FR\FM\04MYN1.SGM
04MYN1
23688
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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. Respondent Selection
VII. Affiliation and Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021–09323 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
RIN 0648–XB051
Threatened Species; Take of
Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an
Endangered Species Act (ESA) Section
AGENCY:
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17:13 May 03, 2021
Jkt 253001
10(a)(1)(B) Incidental Take Permit and
Availability of a Final Environmental
Impact Statement (EIS) and Record of
Decision (ROD) for the Placer County
Conservation Program.
Notice is hereby given that
NMFS has adopted U.S. Fish & Wildlife
Service’s (USFWS) Placer County
Conservation Program Final
Environmental Impact Statement/
Environmental Impact Report (FEIS/
EIR), issued a ROD, and prepared an
Incidental Take Permit (ITP) (No. 25641)
for the incidental take of California
Central Valley (CCV) steelhead
(Oncorhynchus mykiss) and Central
Valley (CV) fall and late fall-run
Chinook salmon (O. tshawytscha)
associated with the proposed Placer
County Conservation Program (PCCP).
The PCCP was prepared by the local
agencies that will become permittees
(Placer County, City of Lincoln, South
Placer Regional Transportation
Authority, Placer County Water Agency,
and Placer Conservation Authority) and
describes Covered Activities and
conservation activities in Placer County.
The permit is issued for a duration of 50
years.
ADDRESSES: The incidental take permit,
final environmental impact statement,
and other related documents are
available on the NMFS West Coast
Region website at: https://
www.fisheries.noaa.gov/resource/
document/placer-county-conservationprogram-biological-opinion. The Final
EIS and ROD are available at https://
www.fisheries.noaa.gov/west-coast/
laws-and-policies/esa-section-10habitat-conservation-nepa-documents.
FOR FURTHER INFORMATION CONTACT: Neal
McIntosh, Sacramento, CA, at phone
number: (916) 930–5647, or via email:
Neal.McIntosh@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
ESA-Listed Species & Species of
Concern Covered in This Notice
CCV steelhead (Oncorhynchus mykiss)
CV fall/late fall-run Chinook salmon (O.
tshawytscha)
Background
The permittees are seeking coverage
under Section 10(a)(1)(B) of the ESA for
the implementation of the PCCP in
Placer County in California’s Central
Valley. Western Placer County streams
serve as an important source of water for
fish, agriculture, and municipal uses in
Placer County. These streams also
provide valuable habitat, including
critical habitat and essential fish habitat,
for CCV steelhead and Chinook salmon.
Implementation of the Covered
Activities described in the PCCP may
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result in impacts to listed species and
species of concern and their habitat
within Placer County. Therefore, the
permittees are required to work
collaboratively with NMFS to minimize
these impacts through implementation
of the PCCP upon issuance of the
Section 10(a)(1)(B) Permit.
On June 21, 2019, USFWS published
a notice of availability of a draft joint
HCP/NCCP and draft EIS/EIR for this
project to the Federal Register for
public comment and review with a 60day public comment period (84 FR
29224). USFWS published a final EIS to
the Federal Register on May 22, 2020,
with a 30-day public comment period
(85 FR 31203). On December 2, 2020,
consultation was initiated with NMFS
for the issuance of an ITP for the PCCP.
USFWS received several comments, and
these comments were addressed as
changes to the Final EIS/EIR or as a
response in the Final EIS/EIR appendix.
On March 12, 2021, NMFS notified the
EPA of its adoption of USFWS’s EIS/
EIR, EPA published the notice of
adoption on March 19, 2021. The
requested permit has been issued under
the authority of the ESA of 1973. This
permit authorizes the incidental take of
listed species as set forth in the PCCP
and the ITP for a 50-year period.
Conservation Plan
Section 10 of the ESA specifies that
no permit may be issued unless an
applicant submits an adequate
conservation plan. The PCCP utilizes a
combination of conservation measures
that are expected to minimize and
mitigate the impacts of take of the
anadromous species addressed in the
PCCP. The PCCP includes an
administrative framework that supports
the development, implementation, and
refinement of the minimization and
mitigation measures. The PCCP also
includes a variety of protection
measures designed to restore and
maintain riverine, riparian, and upslope
processes that create, restore, and
maintain aquatic habitat. The PCCP’s
Conservation Strategy includes four
main components: (1) Establishment of
a reserve system of interconnected
blocks of land (reserve system), (2)
Stream protection, enhancement, and
avoidance, (3) Wetland conservation
and no overall net loss of wetland
functions and services, and (4)
Avoidance and minimization measures.
Chapter 7 of the PCCP describes the
monitoring and adaptive management
framework for the PCCP. The framework
will guide the development of a
comprehensive monitoring program,
which will be developed during the first
five years of the PCCP implementation
E:\FR\FM\04MYN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23686-23688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09323]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-844]
Certain Aluminum Foil From the Republic of Turkey: Preliminary
Negative Determination of Sales at Less Than Fair Value, Postponement
of Final Determination
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 Turkey
(Turkey) is not being, or is not 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: Bryan Hansen, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3683.
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\ Commerce initiated this LTFV 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\
---------------------------------------------------------------------------
\1\ The individual members of the Aluminum Association Trade
Enforcement Group include Granges Americas Inc, JW Aluminum Company,
and Novelis Corporation. The petitioners indicated that Novelis
Corporation acquired Aleris Corporation (including all of Aleris'
aluminum foil-related operations), effective April 14, 2020.
\2\ See Petitioners' Letter, ``Certain Aluminum Foil from
Armenia, Brazil, Oman, Russia, and Turkey--Petition for the
Imposition of Antidumping and Countervailing Duties,'' dated
September 29, 2020.
\3\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 67711 (October 26, 2020) (Initiation Notice).
\4\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Postponement of Preliminary Determinations in
the Less-Than-Fair-Value Investigations, 86 FR 9909 (February 17,
2021).
---------------------------------------------------------------------------
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/.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less-Than-Fair-Value Investigation of Certain
Aluminum Foil Sheet from the Republic of Turkey,'' dated
concurrently with, and hereby adopted by this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum foil from
Turkey. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\7\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this investigation,
and accompanying discussion and analysis of all comments timely
received, see the Preliminary Scope Decision Memorandum.\8\ As
discussed in the Preliminary Scope Decision Memorandum, Commerce is
preliminarily not modifying the scope language as it appeared in the
Initiation Notice.
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
\8\ See Memorandum, ``Antidumping and Countervailing Duty
Investigations of Certain Aluminum Foil from the Republic of
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and
the Republic of Turkey: Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
The Preliminary Scope Decision Memorandum establishes the deadline
to submit scope case briefs.\9\ There will be no further opportunity
for comments on scope-related issues.
---------------------------------------------------------------------------
\9\ Case briefs, other written comments, and rebuttal briefs
submitted by parties in response to this preliminary LTFV
determination should not include scope-related issues. See
Preliminary Scope Decision Memorandum, and ``Public Comment''
section of this notice.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated constructed export prices
in accordance with section 772(b) 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.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-
[[Page 23687]]
average dumping margin exists in this investigation: \10\
---------------------------------------------------------------------------
\10\ Commerce preliminarily determines that Assan Aluminyum
Sanayi ve Ticaret A.S. (Assan), Kibar Dis Ticaret A.S. (Kibar Dis),
and Ispak Esnek Ambalaj Sanayi A.S. are a single entity
(collectively, Assan Single Entity). See Preliminary Decision
Memorandum; see also Memorandum ``Less-Than-Fair-Value Investigation
of Certain Aluminum Foil from the Republic of Turkey: Collapsing and
Single Entity Treatment,'' dated concurrently with this notice.
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret 0.00
A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
------------------------------------------------------------------------
Commerce preliminarily determines that the Assan Single Entity has
not made sales of aluminum foil at LTFV. Further, because the Assan
Single Entity, which includes the two companies which were selected for
examination as mandatory respondents in this investigation, is the only
party for which an estimated weighted-average dumping margin has been
calculated for this preliminary determination, Commerce preliminarily
determines that aluminum foil from Turkey has not been sold in the
United States at LTFV during the POI, and Commerce is publishing this
notice of a negative preliminary determination.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
aluminum foil from Turkey.
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.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in case briefs, may be submitted no
later than seven days after the deadline date for case briefs.\11\
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.\12\
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\12\ 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
Section 735(a)(2)(B) 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 a
negative preliminary determination, a request for such postponement is
made by the petitioners. On April 15, 2021, pursuant to 19 CFR
351.210(e), the petitioners \13\ requested that Commerce postpone the
final determination in the event of a negative preliminary
determination.\14\ In accordance with section 735(a)(2)(B) of the Act,
because the preliminary determination is negative, and the petitioners
have requested the postponement of the final determination, Commerce is
postponing the final determination. Accordingly, Commerce will make its
final determination by 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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\13\ The Aluminum Association Trade Enforcement Working Group
and its individual members, Gr[auml]nges Americas Inc., JW Aluminum
Company, and Novelis Corporation (collectively, the petitioners).
The petitioners indicated that Novelis Corporation acquired Aleris
Corporation (including all of Aleris' aluminum foil-related
operations), effective April 14, 2020.
\14\ See Petitioners' Letter, ``Certain Aluminum Foil from
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and
the Republic of Turkey--Petitioners' Request for Postponement of
Final Antidumping Determinations,'' dated April 15, 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 Commerce's final determination is affirmative, then
the ITC will determine before the later of 120 days after the date of
this preliminary determination or 45 days after the final determination
whether imports of aluminum foil from Turkey are materially injuring,
or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: April 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The merchandise covered by this investigation is aluminum foil
having a
[[Page 23688]]
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. Respondent Selection
VII. Affiliation and Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation
[FR Doc. 2021-09323 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P
