Certain Aluminum Foil From the Sultanate of Oman: Final Affirmative Countervailing Duty Determination, 52888-52890 [2021-20536]
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52888
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
Brazil 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
duty 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withdrawn from warehouse, for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 ‘‘Continuation of
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 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 in accordance
with 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.
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:19 Sep 22, 2021
Jkt 253001
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 Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
V. Recommendation
[FR Doc. 2021–20537 Filed 9–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–523–816]
Certain Aluminum Foil From the
Sultanate of Oman: Final Affirmative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
certain aluminum foil (aluminum foil)
from the Sultanate of Oman (Oman)
during the period of investigation,
January 1, 2019, through December 31,
2019.
DATES: Applicable September 23, 2021.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2021, Commerce
published the Preliminary
Determination in the Federal Register.1
1 See Certain Aluminum Foil from the Sultanate
of Oman: Preliminary Affirmative Countervailing
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Frm 00017
Fmt 4703
Sfmt 4703
In the Preliminary Determination, and
in accordance with section 705(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(b)(4),
Commerce aligned the final
determination of this countervailing
duty (CVD) investigation with the final
determination in the companion
antidumping duty (AD) investigation of
aluminum foil from Oman.
A summary of the events that
occurred since Commerce published the
Preliminary Determination, may be
found in the Issues and Decision
Memorandum.2 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/.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Oman. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,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 the
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
Duty Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination; 86 FR 12913 (March 5, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain
Aluminum Foil from the Republic of Oman,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 85 FR 68287
(October 28, 2020) (Initiation Notice).
5 Id., 85 FR at 68288.
6 See Memorandum, ‘‘Preliminary Scope
Determination and Comment Period,’’ dated
September 3, 2021 (Preliminary Scope Decision
Memorandum).
7 Id.
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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
no scope case briefs requesting changes
to the scope of the AD or CVD
investigations of aluminum foil from the
Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian
Federation, and the Republic of 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 Accordingly,
Commerce is not modifying the scope
language as it appeared in the
Preliminary Determination. See
Appendix I for the final scope of the
investigation.
Verification
Commerce was unable to conduct onsite verification of the information
relied upon in making its final
determination in this investigation.
However, we took additional steps in
lieu of on-site verification to verify the
information relied upon in making this
final determination, in accordance with
section 782(i) of the Act.10
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs by parties in
this investigation, are discussed in the
Issues and Decision Memorandum. For
a list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, see
Appendix II of this notice.
Methodology
lotter on DSK11XQN23PROD with NOTICES1
Commerce conducted this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable,
Commerce determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.11 For a full
description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
8 The Aluminum Association Trade Enforcement
Working Group and its individual members,
Granges America Inc., JW Aluminum Company and
Novelis Corporation constitute the petitioners.
9 See Petitioners’ Letter, ‘‘Petitioners’ Final Scope
Comments,’’ dated September 8, 2021.
10 See Commerce’s Letter, ‘‘Countervailing Duty
Investigation of Certain Aluminum Foil from the
Sultanate of Oman: In Lieu of Verification
Questionnaire,’’ dated July 13, 2021.
11 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
VerDate Sep<11>2014
17:19 Sep 22, 2021
Jkt 253001
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties, we
made certain changes to the subsidy rate
calculations for Oman Aluminium
Rolling Company LLC (OARC). For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act
provides that in the final determination,
Commerce shall determine an estimated
all-others rate for companies not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated subsidy rates
established for those companies
individually examined, excluding any
rates that are zero, de minimis, or based
entirely under section 776 of the Act.
In this investigation, we continue to
calculate the all-others rate using the
estimated weighted-average rate
calculated for OARC and its crossowned affiliates.12
52889
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, effective July
3, 2021, we instructed CBP to
discontinue the suspension of
liquidation of all entries at that time, but
to continue the suspension of
liquidation of all entries from March 5,
2021, through July 2, 2021.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and require a
cash deposit of estimated countervailing
duties for such entries of subject
merchandise in the amounts indicated
above, in accordance with section 706(a)
of the Act. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated, and all estimated
duties deposited, or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, Commerce will notify the ITC
of its final affirmative determination
that countervailable subsidies are being
provided to producers and exporters of
aluminum foil from Oman. As
Commerce’s final determination is
Subsidy rate
Producer/exporter
affirmative, in accordance with section
(percent)
705(b) of the Act, the ITC will
determine, within 45 days, whether the
Oman Aluminium Rolling
Company LLC ...................
1.93 domestic industry in the United States
All Others ..............................
1.93 is materially injured or threatened with
material injury. In addition, we are
Disclosure
making available to the ITC all nonprivileged and non-proprietary
Commerce intends to disclose to
information related to this investigation.
interested parties its calculations and
We will allow the ITC access to all
analysis performed in this final
privileged and business proprietary
determination within five days of its
information in our files, provided the
public announcement, or if there is no
ITC confirms that it will not disclose
public announcement, within five days
such information, either publicly or
of the date of publication of this notice
under an administrative protective order
in accordance with 19 CFR 351.224(b).
(APO), without the written consent of
Continuation of Suspension of
the Assistant Secretary for Enforcement
Liquidation
and Compliance.
As a result of our Preliminary
Notification Regarding APO
Determination and pursuant to sections
In the event that the ITC issues a final
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and negative injury determination, this
notice will serve as the only reminder
Border Protection (CBP) to suspend
to parties subject to the APO of their
liquidation of entries of subject
responsibility concerning the
merchandise as described in the scope
destruction of proprietary information
of the investigation section entered, or
disclosed under APO in accordance
withdrawn from warehouse, for
with 19 CFR 351.305(a)(3). Timely
consumption on or after March 5, 2021,
written notification of the return/
the date of publication of the
destruction of APO materials or
12 OARC identified three companies as crossconversion to judicial protective order is
owned companies with a reporting obligation:
hereby requested. Failure to comply
Takamul Investment Company LLC (Takamul), OQ
with the regulations and terms of an
SAOC (OQ) (formerly known as Oman Oil Company
APO is a violation which is subject to
SAOC), and Sohar Paper Cores LLC (SPC). See
Preliminary Determination PDM at 6.
sanction.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist:
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Fmt 4703
Sfmt 4703
E:\FR\FM\23SEN1.SGM
23SEN1
52890
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
Comment 3: Selection of the Benchmark
for the Provision of Land for LTAR
Program
Comment 4: Whether Commerce Should
Revise its Preliminary Subsidy Findings
Regarding the Provision of Electricity for
LTAR Program
Comment 5: Calculation of the Benefit for
the Provision of Electricity for LTAR
Program
Comment 6: Whether Commerce Should
Revise OARC’s Sales Denominator
VIII. Recommendation
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 771(i) of the Act, and 19 CFR
351.210(c).
Dated: September 16, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is aluminum foil having a
thickness of 0.2 mm or less, in reels
exceeding 25 pounds, regardless of width.
Aluminum foil is made from an aluminum
alloy that contains more than 92 percent
aluminum. Aluminum foil may be made to
ASTM specification ASTM B479, but can
also be made to other specifications.
Regardless of specification, however, all
aluminum foil meeting the scope description
is included in the scope, including
aluminum foil to which lubricant has been
applied to one or both sides of the foil.
Excluded from the scope of this
investigation is aluminum foil that is backed
with paper, paperboard, plastics, or similar
backing materials on one side or both sides
of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut
to shape. Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above. The products under investigation are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000.
Further, merchandise that falls within the
scope of this proceeding may also be entered
into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000,
7606.12.3045, 7606.12.3055, 7606.12.3091,
7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and
7606.92.6095. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
lotter on DSK11XQN23PROD with NOTICES1
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Period of Investigation
V. Subsidies Valuation Information
VI. Analysis of the Programs
VII. Discussion of the Comments
Comment 1: Whether Commerce Should
Amend its Preliminary Finding
Regarding OARC’s Financing
Comment 2: Whether Commerce Should
Revise Its Preliminary Subsidy Findings
Regarding the Provision of Land for
LTAR Program
VerDate Sep<11>2014
17:19 Sep 22, 2021
Jkt 253001
[FR Doc. 2021–20536 Filed 9–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Special Accommodations
[RTID 0648–XB438]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council’s is convening its
Scientific and Statistical Committee
(SSC) via webinar to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This webinar will be held on
Wednesday, October 13, 2021,
beginning at 9 a.m. Webinar registration
information: https://attendee.
gotowebinar.com/register/132702409
1005335819. Call in information: +1
(562) 247–8422, Access Code: 606–978–
888.
ADDRESSES: The meeting will be held
via webinar.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Scientific and Statistical
Committee will meet to review the
information provided by the Council’s
Scallop Plan Development Team and
recommend the overfishing limits
(OFLs) and acceptable biological catches
(ABCs) for Atlantic sea scallops for
fishing years 2022 and 2023 (default).
PO 00000
Frm 00019
Fmt 4703
Consider other business as
necessary.Although non-emergency
issues not contained on the agenda may
come before this Council for discussion,
those issues may not be the subject of
formal action during this meeting.
Council action will be restricted to those
issues specifically listed in this notice
and any issues arising after publication
of this notice that require emergency
action under section 305(c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Sfmt 4703
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–20596 Filed 9–22–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB443]
Pacific Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
will hold an online meeting that is not
open to the public.
DATES: The Pacific Council will meet
online Tuesday, October 12, 2021,
beginning at 8 a.m. Pacific Daylight
Time (PDT). The meeting will consist
only of a Closed Session to address the
employment matter of hiring a new
executive director. The Pacific Council
will meet as late as necessary to
complete its scheduled business.
ADDRESSES: The meeting of the Pacific
Council will be by webinar only.
Specific meeting information, including
SUMMARY:
E:\FR\FM\23SEN1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52888-52890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20536]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-523-816]
Certain Aluminum Foil From the Sultanate of Oman: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain aluminum foil (aluminum foil) from the Sultanate of Oman
(Oman) during the period of investigation, January 1, 2019, through
December 31, 2019.
DATES: Applicable September 23, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2021, Commerce published the Preliminary Determination
in the Federal Register.\1\ In the Preliminary Determination, and in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final
determination of this countervailing duty (CVD) investigation with the
final determination in the companion antidumping duty (AD)
investigation of aluminum foil from Oman.
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Sultanate of Oman:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Final Antidumping Duty
Determination; 86 FR 12913 (March 5, 2021) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, may be found in the Issues and Decision
Memorandum.\2\ 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/.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Certain Aluminum Foil from the Republic of Oman,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum foil from
Oman. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\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 the 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
[[Page 52889]]
no scope case briefs requesting changes to the scope of the AD or CVD
investigations of aluminum foil from the Republic of Armenia, Brazil,
the Sultanate of Oman, the Russian Federation, and the Republic of
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\
Accordingly, Commerce is not modifying the scope language as it
appeared in the Preliminary Determination. See Appendix I for the final
scope of the investigation.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Certain Aluminum Foil from the Sultanate of Oman and the
Republic of Turkey: Initiation of Countervailing Duty
Investigations, 85 FR 68287 (October 28, 2020) (Initiation Notice).
\5\ Id., 85 FR at 68288.
\6\ See Memorandum, ``Preliminary Scope Determination and
Comment Period,'' dated September 3, 2021 (Preliminary Scope
Decision Memorandum).
\7\ Id.
\8\ The Aluminum Association Trade Enforcement Working Group and
its individual members, Granges America Inc., JW Aluminum Company
and Novelis Corporation constitute the petitioners.
\9\ See Petitioners' Letter, ``Petitioners' Final Scope
Comments,'' dated September 8, 2021.
---------------------------------------------------------------------------
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 on-site
verification to verify the information relied upon in making this final
determination, in accordance with section 782(i) of the Act.\10\
---------------------------------------------------------------------------
\10\ See Commerce's Letter, ``Countervailing Duty Investigation
of Certain Aluminum Foil from the Sultanate of Oman: In Lieu of
Verification Questionnaire,'' dated July 13, 2021.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs by parties in this investigation, are
discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties, and to which we responded in the Issues and
Decision Memorandum, see Appendix II of this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found countervailable,
Commerce determines that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\11\ For a full description
of the methodology underlying our final determination, see the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\11\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, we made certain changes to the subsidy rate calculations for
Oman Aluminium Rolling Company LLC (OARC). For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 705(c)(5)(A) of the Act provides that in the final
determination, Commerce shall determine an estimated all-others rate
for companies not individually examined. This rate shall be an amount
equal to the weighted average of the estimated subsidy rates
established for those companies individually examined, excluding any
rates that are zero, de minimis, or based entirely under section 776 of
the Act.
In this investigation, we continue to calculate the all-others rate
using the estimated weighted-average rate calculated for OARC and its
cross-owned affiliates.\12\
---------------------------------------------------------------------------
\12\ OARC identified three companies as cross-owned companies
with a reporting obligation: Takamul Investment Company LLC
(Takamul), OQ SAOC (OQ) (formerly known as Oman Oil Company SAOC),
and Sohar Paper Cores LLC (SPC). See Preliminary Determination PDM
at 6.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company LLC...................... 1.93
All Others.............................................. 1.93
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Disclosure
Commerce intends to disclose to interested parties its calculations
and analysis performed in this final determination within five days of
its 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).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to suspend liquidation of entries
of subject merchandise as described in the scope of the investigation
section entered, or withdrawn from warehouse, for consumption on or
after March 5, 2021, the date of publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, effective July 3, 2021, we instructed CBP to
discontinue the suspension of liquidation of all entries at that time,
but to continue the suspension of liquidation of all entries from March
5, 2021, through July 2, 2021.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and require
a cash deposit of estimated countervailing duties for such entries of
subject merchandise in the amounts indicated above, in accordance with
section 706(a) of the Act. If the ITC determines that material injury,
or threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited, or securities posted as
a result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of aluminum
foil from Oman. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured or threatened with material injury. In addition, we
are making available to the ITC all non-privileged and non-proprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance.
Notification Regarding APO
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
[[Page 52890]]
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 771(i) of the Act, and 19 CFR 351.210(c).
Dated: September 16, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is aluminum foil
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds,
regardless of width. Aluminum foil is made from an aluminum alloy
that contains more than 92 percent aluminum. Aluminum foil may be
made to ASTM specification ASTM B479, but can also be made to other
specifications. Regardless of specification, however, all aluminum
foil meeting the scope description is included in the scope,
including aluminum foil to which lubricant has been applied to one
or both sides of the foil.
Excluded from the scope of this investigation is aluminum foil
that is backed with paper, paperboard, plastics, or similar backing
materials on one side or both sides of the aluminum foil, as well as
etched capacitor foil and aluminum foil that is cut to shape. Where
the nominal and actual measurements vary, a product is within the
scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set forth
above. The products under investigation are currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060,
7607.11.9090, and 7607.19.6000.
Further, merchandise that falls within the scope of this
proceeding may also be entered into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055,
7606.12.3091, 7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and 7606.92.6095. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this investigation is
dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Period of Investigation
V. Subsidies Valuation Information
VI. Analysis of the Programs
VII. Discussion of the Comments
Comment 1: Whether Commerce Should Amend its Preliminary Finding
Regarding OARC's Financing
Comment 2: Whether Commerce Should Revise Its Preliminary
Subsidy Findings Regarding the Provision of Land for LTAR Program
Comment 3: Selection of the Benchmark for the Provision of Land
for LTAR Program
Comment 4: Whether Commerce Should Revise its Preliminary
Subsidy Findings Regarding the Provision of Electricity for LTAR
Program
Comment 5: Calculation of the Benefit for the Provision of
Electricity for LTAR Program
Comment 6: Whether Commerce Should Revise OARC's Sales
Denominator
VIII. Recommendation
[FR Doc. 2021-20536 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P
