Certain Aluminum Foil From the Sultanate of Oman: Final Affirmative Determination of Sales at Less Than Fair Value, 52876-52878 [2021-20538]

Download as PDF 52876 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices Park, State Road 70 and I–95, Fort Pierce. The grantee’s proposed service area under the ASF would be St. Lucie County, Indian River County and Okeechobee County, Florida, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Fort Pierce U.S. Customs and Border Protection Customs Station. The applicant is requesting authority to reorganize its existing zone to include all of the existing sites as ‘‘magnet’’ sites. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 1 be so exempted. No subzones/usage-driven sites are being requested at this time. In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 22, 2021. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to December 7, 2021. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov. Dated: September 17, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–20586 Filed 9–22–21; 8:45 am] lotter on DSK11XQN23PROD with NOTICES1 BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 DEPARTMENT OF COMMERCE International Trade Administration [A–523–815] Certain Aluminum Foil From the Sultanate of Oman: 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 the Sultanate of Oman (Oman) are being, or are likely to be, sold at less than fair value (LTFV). The period of investigation (POI) is July 1 2019, through June 30, 2020. DATES: Applicable September 23, 2021. FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, 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) 482–2181. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 4, 2021, Commerce published the Preliminary Determination of this LTFV investigation in the Federal Register, in which we also postponed the final determination until September 16, 2021.1 This investigation concerns one mandatory respondent, Oman Aluminium Rolling Company LLC (OARC). We invited interested parties to comment on the Preliminary Determination. A complete summary of the events that have occurred since publication of the Preliminary 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 the Sultanate of Oman. For a complete description of the scope of this investigation, see Appendix I. 1 See Certain Aluminum Foil from the Sultanate of Oman: Preliminary Affirmative Determination of Sales at Less than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 23681 (May 4, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Aluminum Foil from the Sultanate of Oman,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 briefs requesting changes to the scope of the antidumping 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. 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 Initiation Notice or Preliminary Determination. See the appendix to this notice for the final scope of the investigation. Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs in the Issues and Decision Memorandum, which is hereby adopted by this notice. The issues are identified in Appendix II of this notice. 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 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 America 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. E:\FR\FM\23SEN1.SGM 23SEN1 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 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 onsite verification of the official record when making our 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 Based on our analysis of the comments received from parties, we have made certain revisions to the margin calculation for OARC. 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 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 OARC, the only individuallyexamined exporter/producer in this investigation. Because the only individually calculated dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for OARC is the margin assigned to all other producers and exporters, pursuant to section 735(c)(5)(A) of the Act. lotter on DSK11XQN23PROD with NOTICES1 Final Determination The final estimated weighted-average dumping margins are as follows: 10 See Commerce’s Letter, ‘‘Questionnaire in Lieu of Verification for Oman Aluminium Rolling Company LLC,’’ dated June 4, 2021; see also OARC’s Letter, ‘‘Aluminum Foil from Oman: Response Questionnaire in Lieu of Verification,’’ dated June 11, 2021. 17:19 Sep 22, 2021 Jkt 253001 Oman Aluminium Rolling Company LLC (OARC) ...................................... All Others .............................................. 3.89 3.89 Disclosure Commerce intends to disclose to interested parties the calculations performed for 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). Continuation of Suspension of Liquidation Changes Since the Preliminary Determination VerDate Sep<11>2014 Producers/Exporters Weightedaverage dumping margins (percent) 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 following: (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 identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weightedaverage 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. To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of export subsidies countervailed in a companion CVD proceeding, when CVD provisional measures are in effect. Accordingly, where we preliminarily make an affirmative determination for countervailable export subsidies, we offset the estimated weighted-average dumping margin by the appropriate CVD rate. However, in the companion PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 52877 CVD final determination, we did not countervail any export subsidies.11 Accordingly, we made no adjustment for export subsidy offsets to the estimated weighted-average dumping margin. 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 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 Order This notice also serves as a reminder to 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/ 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). 11 See unpublished Federal Register notice, ‘‘Certain Aluminum Foil from the Sultanate of Oman: Final Affirmative Countervailing Duty Determination,’’ dated concurrently with this notice. E:\FR\FM\23SEN1.SGM 23SEN1 52878 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices Dated: September 16, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations. DEPARTMENT OF COMMERCE International Trade Administration [A–821–828] 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 Final Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of Comments Comment 1: Whether Commerce Should Continue to Find that OARC is Affiliated with Sohar Aluminium by Means of Common Control of Both Entities by OQ Comment 2: Whether the Price Used by Commerce for Sohar Aluminium’s Input Purchased from an Affiliated Party is an Appropriate Market Price Comment 3: Whether Commerce Made Clerical Errors when Calculating Total Cost of Manufacturing and Currency Conversions of Third Country Market Variables V. Recommendation [FR Doc. 2021–20538 Filed 9–22–21; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 Certain Aluminum Foil From the Russian Federation: 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 from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2019, through June 30, 2020. DATES: Applicable September 23, 2021. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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) 482–4475. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 4, 2021, Commerce published in the Federal Register the preliminary affirmative determination in the LTFV investigation of aluminum foil from Russia, and postponement of final determination until September 16, 2021.1 We invited interested parties to comment on the Preliminary Determination. We received no comments from interested parties. Accordingly, the final determination is unchanged from the Preliminary Determination. Scope of the Investigation The product covered by this investigation is aluminum foil from Russia. For a complete description of the scope of this investigation, see the appendix to this notice. Scope Comments In accordance with the Preamble to Commerce’s regulations,2 the Initiation Notice 3 set aside a period of time for 1 See Certain Aluminum Foil from Russia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 23683 (May 4, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 3 See Certain Aluminum Foil from the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 parties to raise issues regarding product coverage (i.e., scope).4 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.5 Interested parties were provided an opportunity to comment on the Preliminary Scope Decision Memorandum.6 We received no scope briefs requesting changes to the scope of the antidumping 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. Additionally, we received a letter from the petitioners 7 urging Commerce to maintain the same scope language which was set forth in both the Initiation Notice or Preliminary Determination.8 Accordingly, Commerce is not modifying the scope language as it appeared in the Initiation Notice or Preliminary Determination. See the appendix to this notice for the final scope of the investigation. Verification Rusal Marketing GmbH, Rusal Products GmbH, RTI Limited, JSC United Company Trading House, JSC Rusal Sayanal, and JSC Ural Foil (collectively, Rusal), the sole mandatory respondent in this investigation, declined to participate and did not provide information requested by Commerce. Therefore, Commerce reached the Preliminary Determination entirely on the basis of facts available with the application of adverse inferences (AFA). Accordingly, because the Preliminary Determination was based entirely on AFA, Commerce conducted no verification of Rusal pursuant to section 782(i) of the Tariff Act of 1930, as amended (the Act).9 Initiation of Less-Than-Fair-Value Investigations, 85 FR 67711 (October 26, 2020) (Initiation Notice). 4 See Initiation Notice. 5 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). 6 Id. 7 The Aluminum Association Trade Enforcement Working Group and its individual members, Granges America Inc., JW Aluminum Company and Novelis Corporation constitute the petitioners. 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. 9 See Preliminary Determination, 86 FR at 23685. E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52876-52878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20538]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-815]


Certain Aluminum Foil From the Sultanate of Oman: 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 Sultanate of Oman 
(Oman) are being, or are likely to be, sold at less than fair value 
(LTFV). The period of investigation (POI) is July 1 2019, through June 
30, 2020.

DATES: Applicable September 23, 2021.

FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, 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) 482-2181.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2021, Commerce published the Preliminary Determination of 
this LTFV investigation in the Federal Register, in which we also 
postponed the final determination until September 16, 2021.\1\ This 
investigation concerns one mandatory respondent, Oman Aluminium Rolling 
Company LLC (OARC). We invited interested parties to comment on the 
Preliminary Determination. A complete summary of the events that have 
occurred since publication of the Preliminary Determination may be 
found in the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the Sultanate of Oman: 
Preliminary Affirmative Determination of Sales at Less than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 23681 (May 4, 2021) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Certain Aluminum Foil from the Sultanate 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 the 
Sultanate of 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 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 briefs requesting changes to the 
scope of the antidumping 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. 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 
Initiation Notice or Preliminary Determination. See the appendix to 
this notice 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\ 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, ``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.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice. The issues are identified in Appendix II of this notice. 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

[[Page 52877]]

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 official 
record when making our 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\
---------------------------------------------------------------------------

    \10\ See Commerce's Letter, ``Questionnaire in Lieu of 
Verification for Oman Aluminium Rolling Company LLC,'' dated June 4, 
2021; see also OARC's Letter, ``Aluminum Foil from Oman: Response 
Questionnaire in Lieu of Verification,'' dated June 11, 2021.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties, we 
have made certain revisions to the margin calculation for OARC. 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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for OARC, the only individually-examined exporter/
producer in this investigation. Because the only individually 
calculated dumping margin is not zero, de minimis, or based entirely on 
facts otherwise available, the estimated weighted-average dumping 
margin calculated for OARC is the margin assigned to all other 
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/Exporters                        dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company LLC (OARC)...................        3.89
All Others..................................................        3.89
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose to interested parties the calculations 
performed for 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).

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 following: (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 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.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of export 
subsidies countervailed in a companion CVD proceeding, when CVD 
provisional measures are in effect. Accordingly, where we preliminarily 
make an affirmative determination for countervailable export subsidies, 
we offset the estimated weighted-average dumping margin by the 
appropriate CVD rate. However, in the companion CVD final 
determination, we did not countervail any export subsidies.\11\ 
Accordingly, we made no adjustment for export subsidy offsets to the 
estimated weighted-average dumping margin.
---------------------------------------------------------------------------

    \11\ See unpublished Federal Register notice, ``Certain Aluminum 
Foil from the Sultanate of Oman: Final Affirmative Countervailing 
Duty Determination,'' dated concurrently with this 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 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 Order

    This notice also serves as a reminder to 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/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).


[[Page 52878]]


    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 Final Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of Comments
    Comment 1: Whether Commerce Should Continue to Find that OARC is 
Affiliated with Sohar Aluminium by Means of Common Control of Both 
Entities by OQ
    Comment 2: Whether the Price Used by Commerce for Sohar 
Aluminium's Input Purchased from an Affiliated Party is an 
Appropriate Market Price
    Comment 3: Whether Commerce Made Clerical Errors when 
Calculating Total Cost of Manufacturing and Currency Conversions of 
Third Country Market Variables
V. Recommendation

[FR Doc. 2021-20538 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P