Certain Aluminum Foil From Brazil: Final Affirmative Determination of Sales at Less Than Fair Value, 52886-52888 [2021-20537]

Download as PDF 52886 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices APO is a violation which is subject to sanction. 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. 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) 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. Subsidies Valuation Information IV. Use of Facts Otherwise Available and Application of Adverse Inferences V. Analysis of the Programs VI. Discussion of the Issues Comment 1: Whether to Revise the Sales Denominators Comment 2: Whether to Use Total Sales as the Denominator for the Exemptions on VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 Exchange Tax for Foreign Exchange Transactions Comment 3: How to Compute the Benefit Calculation for the Rediscount Loan Program and the Export-Oriented Working Capital Credit Program Comment 4: Whether to Apply Adverse Facts Available (AFA) to ‘‘Other’’ Subsidy Programs Comment 5: Whether Certain Ministerial Errors Exist Comment 6: Whether the Value-Added-Tax (VAT) Exemption on the Acquisition of Operating Rights Provided a Measurable Benefit to Assan VII. Recommendation [FR Doc. 2021–20535 Filed 9–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–351–856] Certain Aluminum Foil From Brazil: Final Affirmative Determination of Sales at Less Than Fair Value 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 Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) July 1, 2019, through June 30, 2020. DATES: Applicable September 23, 2021. FOR FURTHER INFORMATION CONTACT: 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) 482–1167. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 4, 2021, Commerce published in the Federal Register the preliminary affirmative determination, and postponement of the final determination until September 16, 2021, in the LTFV investigation of aluminum foil from Brazil.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary 1 See Certain Aluminum Foil from Brazil: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 23678 (May 4, 2021), (Preliminary Determination), and accompanying Preliminary Decision Memorandum. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Determination may be found in the Issues and Decision Memorandum.2 Scope of the Investigation The product covered by this investigation is aluminum foil from Brazil. 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 this 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 However, we received no scope case briefs requesting changes to the scope of the investigation from interested parties in any of the antidumping duty or countervailing duty investigations of aluminum foil from the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey.8 Additionally, we received a 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Aluminum Foil from Brazil,’’ 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). 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 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 (Petitioners’ Final Scope Comments). On September 13, 2021, Commerce received a letter requesting that Commerce reject Petitioners’ Final Scope Comments, to which Commerce rejected this request in its reply on September 15, 2021. See Matthew McConkey’s Letter, ‘‘Certain Aluminum Foil from Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Comments Regarding Solicitation of Final Scope Comments,’’ dated September 13, 2021; see also Commerce’s Letter, ‘‘Antidumping Duty Investigations on Certain Aluminum Foil from Armenia, Brazil, the E:\FR\FM\23SEN1.SGM 23SEN1 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices letter from the petitioners 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,10 which was unchanged from the Initiation Notice. See Appendix I for the final scope of the investigation. Analysis of Comments Received All the 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 as 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 http://enforcement.trade.gov/ frn/. Verification lotter on DSK11XQN23PROD with NOTICES1 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 an on-site verification to verify the information relied upon in making this final determination with respect to Companhia Brasileira de Alumı´nio 11 and CBA Itapissuma (collectively, CBA), in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).12 Sultanate of Oman, Russia, and the Republic of Turkey and Countervailing Duty Investigations of Certain Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: Request to Reject Submission,’’ dated September 15, 2021. 9 See Petitioners’ Final Scope Comments. 10 Id. 11 Counsel for this respondent clarified that the correct spelling of the company’s name is Companhia Brasileira de Alumı´nio. See CBA’s Letter, ‘‘Aluminum Foil from Brazil: Case Brief,’’ dated July 9, 2021 at 1. 12 See Commerce’s Letter, ‘‘Remote Verification— Request for Documentation,’’ dated June 15, 2021; see also CBA’s Letter, ‘‘Aluminum Foil from Brazil: Response to the Questionnaire in Lieu of On-Site Verification,’’ dated June 24, 2021. Commerce did not issue a similar request for documentation from the mandatory respondent, Arconic Ind. E Com de Metias LTDA (Arconic), because Arconic failed to timely respond to Commerce’s questionnaires prior to the Preliminary Determination. See Preliminary Determination. VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings related to our request for information in lieu of verification, we have made certain changes to the margin calculations for CBA. In light of these changes to the margin calculations and the resulting revised estimated weighted-average dumping margin for CBA, we have also revised the all-others rate. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage 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. Commerce calculated an individual estimated weighted-average dumping margin for CBA and assigned a rate based entirely on facts available to Arconic, the two respondents selected for individual examination in this investigation. Because the only individually calculated dumping margin not zero, de minimis, or based entirely on facts otherwise available, is the estimated weighted-average dumping margin calculated for CBA, we have assigned the margin calculated for CBA to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. Final Determination Pursuant to section 735 of the Act, the final estimated weighted-average dumping margins are as follows: Exporter or producer Arconic Ind. E Com de Metias LTDA .... Companhia Brasileira de Alumı´nio/CBA Itapissuma 13 ...................................... All Others .............................................. Estimated weightedaverage dumping margin (percent) * 63.05 13.93 13.93 * Adverse Facts Available (AFA). Disclosure We intend to disclose the calculations performed in this final determination 13 Commerce preliminarily determined that Companhia Brasileria de Alumı´nio and CBA Itapissuma are affiliated, within the meaning of sections 771(33)(E) and (G) of the Act, and should PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 52887 within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of 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 continue to suspend the 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 May 4, 2021, the date of publication in the Federal Register of the affirmative Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), where appropriate, we will instruct CBP to require a cash deposit for such entries of merchandise equal to the estimated weighted-average dumping margin or estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this final determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-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. These suspension of liquidation instructions will remain in effect until further notice. 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 from be treated as a single entity, in accordance with 19 CFR 351.401(f). See Preliminary Decision Memorandum. Commerce received no comments regarding this preliminary determination. Accordingly, Commerce continues to find that Companhia Brasileira de Alumı´nio and CBA Itapissuma are affiliated and continues to treat these companies as a single entity. E:\FR\FM\23SEN1.SGM 23SEN1 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 PO 00000 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 http://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. E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52886-52888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20537]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-856]


Certain Aluminum Foil From Brazil: 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 Brazil are being, or are 
likely to be, sold in the United States at less than fair value (LTFV) 
for the period of investigation (POI) July 1, 2019, through June 30, 
2020.

DATES: Applicable September 23, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-1167.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination, and postponement of the final 
determination until September 16, 2021, in the LTFV investigation of 
aluminum foil from Brazil.\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\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from Brazil: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 23678 (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 Brazil,'' 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 
Brazil. 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 this 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\ However, we received no scope case briefs requesting 
changes to the scope of the investigation from interested parties in 
any of the antidumping duty or countervailing duty investigations of 
aluminum foil from the Republic of Armenia, Brazil, the Sultanate of 
Oman, the Russian Federation, and the Republic of Turkey.\8\ 
Additionally, we received a

[[Page 52887]]

letter from the petitioners 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,\10\ 
which was unchanged from the Initiation Notice. 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).
    \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\ 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 (Petitioners' Final Scope 
Comments). On September 13, 2021, Commerce received a letter 
requesting that Commerce reject Petitioners' Final Scope Comments, 
to which Commerce rejected this request in its reply on September 
15, 2021. See Matthew McConkey's Letter, ``Certain Aluminum Foil 
from Armenia, Brazil, the Sultanate of Oman, the Russian Federation, 
and the Republic of Turkey: Comments Regarding Solicitation of Final 
Scope Comments,'' dated September 13, 2021; see also Commerce's 
Letter, ``Antidumping Duty Investigations on Certain Aluminum Foil 
from Armenia, Brazil, the Sultanate of Oman, Russia, and the 
Republic of Turkey and Countervailing Duty Investigations of Certain 
Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: 
Request to Reject Submission,'' dated September 15, 2021.
    \9\ See Petitioners' Final Scope Comments.
    \10\ Id.
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Analysis of Comments Received

    All the 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 as 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 http://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 with respect to Companhia Brasileira de Alum[iacute]nio 
\11\ and CBA Itapissuma (collectively, CBA), in accordance with section 
782(i) of the Tariff Act of 1930, as amended (the Act).\12\
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    \11\ Counsel for this respondent clarified that the correct 
spelling of the company's name is Companhia Brasileira de 
Alum[iacute]nio. See CBA's Letter, ``Aluminum Foil from Brazil: Case 
Brief,'' dated July 9, 2021 at 1.
    \12\ See Commerce's Letter, ``Remote Verification--Request for 
Documentation,'' dated June 15, 2021; see also CBA's Letter, 
``Aluminum Foil from Brazil: Response to the Questionnaire in Lieu 
of On-Site Verification,'' dated June 24, 2021. Commerce did not 
issue a similar request for documentation from the mandatory 
respondent, Arconic Ind. E Com de Metias LTDA (Arconic), because 
Arconic failed to timely respond to Commerce's questionnaires prior 
to the Preliminary Determination. See Preliminary Determination.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings 
related to our request for information in lieu of verification, we have 
made certain changes to the margin calculations for CBA. In light of 
these changes to the margin calculations and the resulting revised 
estimated weighted-average dumping margin for CBA, we have also revised 
the all-others rate. For a discussion of these changes, see 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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for CBA and assigned a rate based entirely on facts 
available to Arconic, the two respondents selected for individual 
examination in this investigation. Because the only individually 
calculated dumping margin not zero, de minimis, or based entirely on 
facts otherwise available, is the estimated weighted-average dumping 
margin calculated for CBA, we have assigned the margin calculated for 
CBA to all other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Final Determination

    Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Arconic Ind. E Com de Metias LTDA...........................     * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \13\.       13.93
All Others..................................................       13.93
------------------------------------------------------------------------
* Adverse Facts Available (AFA).

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).
---------------------------------------------------------------------------

    \13\ Commerce preliminarily determined that Companhia Brasileria 
de Alum[iacute]nio and CBA Itapissuma are affiliated, within the 
meaning of sections 771(33)(E) and (G) of the Act, and should be 
treated as a single entity, in accordance with 19 CFR 351.401(f). 
See Preliminary Decision Memorandum. Commerce received no comments 
regarding this preliminary determination. Accordingly, Commerce 
continues to find that Companhia Brasileira de Alum[iacute]nio and 
CBA Itapissuma are affiliated and continues to treat these companies 
as a single entity.
---------------------------------------------------------------------------

Continuation of 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 continue to 
suspend the 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 May 4, 2021, the 
date of publication in the Federal Register of the affirmative 
Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, we will instruct CBP to require a cash 
deposit for such entries of merchandise equal to the estimated 
weighted-average dumping margin or estimated all-others rate, as 
follows: (1) The cash deposit rate for the respondents listed above 
will be equal to the company-specific estimated weighted-average 
dumping margins determined in this final determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-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. These suspension of liquidation 
instructions will remain in effect until further notice.

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 from

[[Page 52888]]

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.

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. 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