Certain Aluminum Foil From the Republic of Armenia: Final Affirmative Determination of Sales at Less Than Fair Value, 52882-52884 [2021-20539]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52882-52884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20539]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-831-804]


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

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

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

DATES: Applicable September 23, 2021.

FOR FURTHER INFORMATION CONTACT: Margaret Collins or 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) 482-6250 or (202) 
482-1167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
aluminum foil from Armenia, and the postponement of the final 
determination until September 16, 2021.\1\ We invited interested 
parties to comment on the Preliminary Determination. A summary of the 
events that occurred since Commerce published the Preliminary 
Determination may be found in the Issues and Decision Memorandum.\2\
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    \1\ See Certain Aluminum Foil from the Republic of Armenia: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 86 FR 23672 (May 4, 2021), (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Less-Than-Fair-Value Investigation of 
Certain Aluminum Foil from the Republic of Armenia,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is aluminum foil from 
Armenia. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\3\ the 
Initiation Notice \4\ set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, and we addressed these comments in the 
Preliminary Scope Decision Memorandum.\6\ Interested parties were 
provided an opportunity to comment on the Preliminary Scope Decision 
Memorandum.\7\ We received no scope case briefs requesting changes to 
the scope of the investigation from interested parties in any of the 
antidumping or countervailing duty investigations of aluminum foil from 
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, which was unchanged from the Initiation Notice. See 
Appendix I for the final scope of the investigation.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See Certain Aluminum Foil from the Republic of Armenia, 
Brazil, the Sultanate of Oman, the Russian Federation, and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 85 FR 67711 (October 26, 2020) (Initiation Notice).
    \5\ Id.
    \6\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Certain Aluminum Foil from the Republic of 
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and 
the Republic of Turkey: Preliminary Scope Decision Memorandum,'' 
dated April 27, 2021 (Preliminary Scope Decision Memorandum).
    \7\ Id.
    \8\ The Aluminum Association Trade Enforcement Working Group and 
its individual members, Granges 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.
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Analysis of Comments Received

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

Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of an on-site 
verification to verify the information relied upon in making this final 
determination with respect to Rusal Armenal CJSC (Armenal), in 
accordance with section 782(i) of the

[[Page 52883]]

Tariff Act of 1930, as amended (the Act).\10\
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    \10\ See Commerce's Letter, dated June 15, 2021; see also 
Armenal Letter, ``Certain Aluminum Foil from Armenia: RUSAL Armenal 
Response to Questionnaire in Lieu of Verification,'' dated June 24, 
2021.
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Changes Since the Preliminary Determination

    Based on our analysis of information provided at Commerce's request 
by Armenal after the Preliminary Determination,\11\ the comments 
received, our findings related to our request for information in lieu 
of verification, and our correction of ministerial errors timely 
alleged following the Preliminary Determination,\12\ we have made 
certain changes to the margin calculations for Armenal. For a 
discussion of these changes, see the Issues and Decision Memorandum.
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    \11\ See Armenal Letter, ``Certain Aluminum Foil from Armenia: 
RUSAL Armenal Supplemental Section D Questionnaire Response,'' dated 
May 7, 2021.
    \12\ See Memorandum, ``Certain Aluminum Foil from Armenia: 
Allegation of a Ministerial Error in the Preliminary Affirmative 
Determination of Sales in the Less-Than-Fair-Value Investigation,'' 
dated May 28, 2021.
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Separate Rate Companies

    No party commented on our preliminary separate rate determination 
with respect to the mandatory respondent.\13\ Thus, there is no basis 
to reconsider our preliminary determination with respect to separate 
rate status, and we have continued to grant Armenal a separate rate in 
this final determination. In light of these changes to the margin 
calculations and the resulting revised estimated weighted average 
dumping margin for Armenal, we have also revised the Armenia-wide rate. 
For a discussion of these changes, see the Issues and Decision 
Memorandum.
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    \13\ See Preliminary Determination PDM at 10-15.
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Combination Rates

    Consistent with the Preliminary Determination and Policy Bulletin 
05.1,\14\ Commerce calculated combination (producer/exporter) rates for 
the respondent that is eligible for a separate rate in this 
investigation.
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    \14\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations Involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Final Determination

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

------------------------------------------------------------------------
                                                           Estimated
                                                       weighted-average
            Producer                   Exporter         dumping margin
                                                           (percent)
------------------------------------------------------------------------
Rusal Armenal CJSC..............  Rusal Products                   29.11
                                   GmbH.
Rusal Armenal CJSC..............  Rusal Marketing                  29.11
                                   GmbH.
Armenia-Wide Entity.............  ..................               29.11
------------------------------------------------------------------------

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).

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.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit equal 
to the weighted average amount by which NV exceeds U.S. price, as 
indicated in the chart above, as follows: (1) For the producer/exporter 
combinations listed in the table above, the cash deposit rate is equal 
to the estimated weighted-average dumping margin listed for that 
combination in the table; (2) for all combinations of Armenia 
producers/exporters of merchandise under consideration that have not 
established eligibility for their own separate rates, the cash deposit 
rate will be equal to the estimated weighted-average dumping margin 
established for the Armenia-wide entity; and (3) for all third-county 
exporters of merchandise under consideration not listed in the table 
above, the cash deposit rate is the cash deposit rate applicable to the 
Armenia producer/exporter combination (or the Armenia-wide entity) that 
supplied that third-country exporter. These suspension of liquidation 
instructions will remain in effect until further notice.

International Trade Commission (ITC) 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 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.

[[Page 52884]]

Notification to Interested Parties

    This determination is 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. Armenia-Wide Rate
IV. Affiliation
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
    Comment 1: Surrogate Country Selection
    Comment 2: Surrogate Value for Electricity
    Comment 3: Conversion Factor for Polyether Packing Tape
    Comment 4: Conversion Factor for Sawn Timber
    Comment 5: Global Trade Atlas (GTA) Data from South Africa
VII. Recommendation
[FR Doc. 2021-20539 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P