Certain Aluminum Foil From the Republic of Armenia: Final Affirmative Determination of Sales at Less Than Fair Value, 52882-52884 [2021-20539]
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52882
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
subheadings 7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000.
Further, merchandise that falls within the
scope of this proceeding may also be entered
into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000,
7606.12.3045, 7606.12.3055, 7606.12.3091,
7606.12.3096, 7606.12.6000, 7606.91.3095,
7606.91.6095, 7606.92.3035, and
7606.92.6095. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes from the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Constructed Export Price
Offset
Comment 2: Management Fees as U.S.
Indirect Selling Expenses
Comment 3: Management Fees for NonSubject Products
Comment 4: Bank Charges as Direct Selling
Expenses
Comment 5: Section 232 Duties
Comment 6: Home-Market Rebates
Comment 7: Duty Drawback
Comment 8: Raw Material Metal Premium
Costs
Comment 9: Hedging Gains and Losses as
Cost of Manufacture
Comment 10: Adjustment to the Cost of
Manufacture for Goods in Transit
Comment 11: Manual Adjustment Ratio
Comment 12: Packing Cost Offset in
Reported Costs
Comment 13: General and Administrative
(G&A) Expenses
Comment 14: Financial Expenses
V. Recommendation
[FR Doc. 2021–20534 Filed 9–22–21; 8:45 am]
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
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
BILLING CODE 3510–DS–P
1 See
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
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.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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17:19 Sep 22, 2021
Jkt 253001
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).
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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
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.
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 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
Rusal Armenal CJSC (Armenal), in
accordance with section 782(i) of the
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
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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
Tariff Act of 1930, as amended (the
Act).10
changes, see the Issues and Decision
Memorandum.
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
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
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.
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weighted-average
dumping margin
(percent)
Exporter
Rusal Armenal CJSC .............................................................
Rusal Armenal CJSC .............................................................
Armenia-Wide Entity ...............................................................
Rusal Products GmbH ...........................................................
Rusal Marketing GmbH ..........................................................
.................................................................................................
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 weightedaverage dumping margin listed for that
combination in the table; (2) for all
lotter on DSK11XQN23PROD with NOTICES1
rate. For a discussion of these changes,
see the Issues and Decision
Memorandum.
Producer
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).
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.
11 See Armenal Letter, ‘‘Certain Aluminum Foil
from Armenia: RUSAL Armenal Supplemental
VerDate Sep<11>2014
17:19 Sep 22, 2021
Jkt 253001
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 Armeniawide 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
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.
13 See Preliminary Determination PDM at 10–15.
PO 00000
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Fmt 4703
Sfmt 4703
52883
29.11
29.11
29.11
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.
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.
E:\FR\FM\23SEN1.SGM
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52884
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices
VII. Recommendation
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.
lotter on DSK11XQN23PROD with NOTICES1
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
VerDate Sep<11>2014
17:19 Sep 22, 2021
Jkt 253001
[FR Doc. 2021–20539 Filed 9–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–845]
Certain Aluminum Foil From the
Republic of Turkey: 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 Republic of Turkey (Turkey)
during the period of investigation,
January 1, 2019, through December 31,
2019.
DATES: Applicable September 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Whitley Herndon or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6274 or (202) 482–3878,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 5, 2021, Commerce
published the Preliminary
Determination in the Federal Register.1
In the Preliminary Determination, and
in accordance with section 705(a)(1) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(b)(4),
Commerce aligned the final
determination of this countervailing
duty (CVD) investigation with the final
determination in the companion
antidumping duty (AD) investigation of
aluminum foil from Turkey.
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
1 See Certain Aluminum Foil from the Republic
of Turkey: Preliminary Affirmative Countervailing
Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty
Determination, 86 FR 12911 (March 5, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain
Aluminum Foil from the Republic of Turkey,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/.
Scope of the Investigation
The product covered by this
investigation is aluminum foil from
Turkey. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice 4 set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 Certain interested
parties commented on the scope of 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 We received no scope
case briefs requesting changes to the
scope of the investigation from
interested parties in any of the AD or
CVD investigations of aluminum foil
from the Republic of Armenia, Brazil,
the Sultanate of Oman, the Russian
Federation, and Turkey. Additionally,
we received a letter from the
petitioners 8 urging Commerce to
maintain the same scope language
which was set forth in both the
Initiation Notice or Preliminary
Determination.9 Accordingly,
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 (containing the 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, ‘‘Petitioners’ Final Scope
Comments,’’ dated September 8, 2021.
E:\FR\FM\23SEN1.SGM
23SEN1
]]>Agencies
[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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\13\ See Preliminary Determination PDM at 10-15.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
