Certain Aluminum Foil From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value, 52880-52882 [2021-20534]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52880-52882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20534]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-844]


Certain Aluminum Foil From the Republic of Turkey: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain aluminum foil (aluminum foil) from the Republic of Turkey 
(Turkey) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV) during the period of investigation, July 1, 
2019, through June 30, 2020.

DATES: Applicable September 23, 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

    On May 4, 2021, Commerce published in the Federal Register its 
preliminary negative determination in the LTFV investigation of 
aluminum foil from Turkey, in which it also postponed the final 
determination until September 16, 2021.\1\ We invited interested 
parties to comment on the Preliminary Determination. A summary of the 
events that occurred since Commerce published the Preliminary 
Determination may be found in the Issues and Decision Memorandum.\2\
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    \1\ See Certain Aluminum Foil from the Republic of Turkey: 
Preliminary Negative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, 86 FR 23686 (May 4, 2021) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Aluminum Foil from the Republic of 
Turkey,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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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,\3\ the 
Initiation Notice \4\ set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, and we addressed these comments in the 
Preliminary Scope Decision Memorandum.\6\ Interested parties were 
provided an opportunity to comment on the Preliminary Scope Decision 
Memorandum.\7\ We received no scope case briefs requesting changes to 
the scope of the investigation from interested parties in any of the 
LTFV or countervailing duty investigations of aluminum foil from the 
Republic of Armenia, Brazil, the Sultanate of Oman, the Russian 
Federation, and Turkey. Additionally, we received a letter from the 
petitioners \8\ urging Commerce to maintain the same scope language 
which was set forth in both the Initiation Notice or Preliminary 
Determination.\9\ See Appendix I to this notice for the final scope of 
the investigation.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ 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).
    \5\ Id.
    \6\ 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 April 27, 2021 (Preliminary Scope Decision Memorandum).
    \7\ Id.
    \8\ The Aluminum Association Trade Enforcement Working Group and 
its individual members, Granges Americas Inc.; JW Aluminum Company; 
and Novelis Corporation constitute the petitioners.
    \9\ See Petitioners' Letter, ``Certain Aluminum Foil from the 
Republic of Armenia, Brazil, the Sultanate of Oman, the Russian 
Federation, and the Republic of Turkey--Petitioners' Final Scope 
Comments,'' dated September 8, 2021.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II. The 
Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov/frn.

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Tariff Act of 
1930, as amended (the Act).\10\
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    \10\ See Commerce's Letter, in-lieu of on-site Verification 
Questionnaire to the Assan Single Entity, dated July 9, 2021. 
Commerce determines that Assan Aluminyum Sanayi ve Ticaret A.S.; 
Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S. are a 
single entity (collectively, the Assan Single Entity). See the 
``Affiliation and Single Entity Treatment'' section of the Issues 
and Decision Memorandum.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for this final determination. For a 
discussion of these changes, see the ``Changes from the Preliminary 
Determination'' section of the Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act (i.e., facts otherwise available). Commerce calculated an 
individual estimated weighted-average dumping margin for the Assan 
Single Entity, the only individually examined exporter or producer in 
this investigation. Because the only individually calculated estimated 
weighted-average dumping margin is not zero, de minimis, or based 
entirely on facts otherwise available, the estimated weighted-average 
dumping margin calculated for all other

[[Page 52881]]

producers and/or exporters is equal to the estimated weighted-average 
dumping margin calculated for the single examined respondent, the Assan 
Single Entity, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted- average
                Exporter or producer                    dumping  margin
                                                           (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis                   2.28
 Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S...
All Others..........................................                2.28
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this final 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).

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all appropriate entries of subject merchandise, as 
described in Appendix I of this notice, entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. These suspension of liquidation 
instructions will remain in effect until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for 
estimated antidumping duties for such entries as follows: (1) The cash 
deposit rate for the companies listed above will be equal to the 
respondent-specific estimated weighted-average dumping margin 
determined in this final determination; (2) if the exporter is not a 
company identified above but the producer is identified above, then the 
cash deposit rate will be equal to the respondent-specific estimated 
weighted-average dumping margin established for that producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.
    While Commerce normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding when CVD provisional 
measures are in effect, we have not adjusted the estimated weighted-
average dumping margins listed above because provisional measures in 
the companion CVD proceeding were no longer in effect as of July 3, 
2021.\11\ However, if both antidumping and CVD orders are issued as a 
result of these LTFV and CVD investigations, respectively, Commerce 
will address the export subsidy offset to determine the cash deposit 
for estimated antidumping duties when the antidumping order is 
published.
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    \11\ See message number 1187402 dated July 6, 2021, 
``Discontinuation of suspension of liquidation in the countervailing 
duty investigation of aluminum foil from Turkey,'' where Commerce 
discontinued the suspension of liquidation of entries effective July 
3, 2021, the first day provisional measures were no longer in 
effect. Although the provisional measures resulting from the CVD 
investigation have expired, we note that this final determination 
will initiate the provisional measures with regard to the LTFV 
investigation.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of aluminum foil no later than 45 days after 
this final determination. If the ITC determines that such injury does 
not exist, this proceeding will be terminated, and all cash deposits 
posted will be refunded and suspension of liquidation will be lifted. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping order directing CBP to assess, upon further instruction 
by Commerce, antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation, as discussed 
above in the ``Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice will serve as a final reminder to the parties subject 
to administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: September 16, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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)

[[Page 52882]]

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 Issues and Decision Memorandum

I. Summary
II. Background
III. Changes from the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Constructed Export Price Offset
    Comment 2: Management Fees as U.S. Indirect Selling Expenses
    Comment 3: Management Fees for Non-Subject Products
    Comment 4: Bank Charges as Direct Selling Expenses
    Comment 5: Section 232 Duties
    Comment 6: Home-Market Rebates
    Comment 7: Duty Drawback
    Comment 8: Raw Material Metal Premium Costs
    Comment 9: Hedging Gains and Losses as Cost of Manufacture
    Comment 10: Adjustment to the Cost of Manufacture for Goods in 
Transit
    Comment 11: Manual Adjustment Ratio
    Comment 12: Packing Cost Offset in Reported Costs
    Comment 13: General and Administrative (G&A) Expenses
    Comment 14: Financial Expenses
V. Recommendation

[FR Doc. 2021-20534 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P