Certain Aluminum Foil From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value, 52878-52880 [2021-20540]

Download as PDF 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 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide 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. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers and exporters. Commerce continues to determine the estimated weighted-average dumping margin for Rusal based entirely on AFA, as stipulated in section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, Commerce’s normal practice under these circumstances has been to calculate the all-others rate as a simple average of the alleged dumping margins from the petition. There is a single dumping margin alleged in the Petition (i.e., 62.18 percent); 10 accordingly, we have used that rate as the estimated weighted-average dumping margin for all other producers and exporters. Final Determination Commerce determines that the following estimated weighted-average dumping margins exist: Estimated weightedaverage dumping margin (percent) Exporter or producer Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/JSC United Company Rusal—Trading House/JSC Rusal Sayanal/JSC Ural Foil ............. All Others .............................................. * 62.18 * 62.18 lotter on DSK11XQN23PROD with NOTICES1 Disclosure Normally, Commerce discloses its calculations and analysis performed to interested parties within five days of any public announcement or, if there is 10 See Petitioners’ Letter, ‘‘Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey— Petitioners’ Supplement to Volume V Relating to a Request for the Imposition of Antidumping Duties on Imports from Russia,’’ dated October 6, 2020 at 4 and Exhibit AD–RU–S1–3; see also Initiation Notice, 85 FR at 67714; see also Memorandum, ‘‘Certain Aluminum Foil from Russia Antidumping Duty Investigation Initiation Checklist,’’ dated October 19, 2020 at 8. VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because we applied AFA and performed no margin calculations, no disclosure will be made in this final determination. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of certain aluminum foil from Russia, as described in the appendix to this notice, which were entered, or withdrawn from warehouse, for consumption on or after May 4, 2021, the date of publication of the Preliminary Determination in the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, upon the publication of this notice, Commerce will instruct CBP to require a cash deposit 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 allothers 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 the final determination in this proceeding 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 of subject merchandise from Russia no later than 45 days after our 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. If the ITC determines that such injury does exist, Commerce will issue an AD order directing CBP to assess, upon PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 52879 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. Notification Regarding Administrative Protective Orders This notice serves as the only reminder to parties subject to an 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 the 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 violation subject to sanction. 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 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, E:\FR\FM\23SEN1.SGM 23SEN1 52880 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 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. [FR Doc. 2021–20540 Filed 9–22–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–844] Certain Aluminum Foil From the Republic of Turkey: 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 Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV) during the period of investigation, July 1, 2019, through June 30, 2020. DATES: Applicable September 23, 2021. FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3683. SUPPLEMENTARY INFORMATION: AGENCY: Background lotter on DSK11XQN23PROD with NOTICES1 On May 4, 2021, Commerce published in the Federal Register its preliminary negative determination in the LTFV investigation of aluminum foil from Turkey, in which it also postponed 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 Turkey: Preliminary Negative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, 86 FR 23686 (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 the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 17:19 Sep 22, 2021 Jkt 253001 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 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 LTFV or countervailing duty 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 See Appendix I to this notice 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 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 Americas 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. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 at 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 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, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).10 Changes Since the Preliminary Determination Based on our analysis of the comments received, we made certain changes to the margin calculations for this final determination. 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 (i.e., facts otherwise available). Commerce calculated an individual estimated weighted-average dumping margin for the Assan Single Entity, the only individually examined exporter or producer in this investigation. Because the only individually calculated estimated weighted-average dumping margin is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average dumping margin calculated for all other 10 See Commerce’s Letter, in-lieu of on-site Verification Questionnaire to the Assan Single Entity, dated July 9, 2021. Commerce determines that Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S. are a single entity (collectively, the Assan Single Entity). See the ‘‘Affiliation and Single Entity Treatment’’ section of the Issues and Decision Memorandum. E:\FR\FM\23SEN1.SGM 23SEN1

Agencies

[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52878-52880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-828]


Certain Aluminum Foil From the Russian Federation: 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 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:

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 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.
---------------------------------------------------------------------------

    \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: 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.
---------------------------------------------------------------------------

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\
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    \9\ See Preliminary Determination, 86 FR at 23685.

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[[Page 52879]]

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide 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. Pursuant to section 735(c)(5)(B) of the Act, if 
the estimated weighted-average dumping margins established for all 
exporters and producers individually examined are zero, de minimis, or 
determined based entirely on facts otherwise available, Commerce may 
use any reasonable method to establish the estimated weighted-average 
dumping margin for all other producers and exporters.
    Commerce continues to determine the estimated weighted-average 
dumping margin for Rusal based entirely on AFA, as stipulated in 
section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, 
Commerce's normal practice under these circumstances has been to 
calculate the all-others rate as a simple average of the alleged 
dumping margins from the petition. There is a single dumping margin 
alleged in the Petition (i.e., 62.18 percent); \10\ accordingly, we 
have used that rate as the estimated weighted-average dumping margin 
for all other producers and exporters.
---------------------------------------------------------------------------

    \10\ See Petitioners' Letter, ``Certain Aluminum Foil from 
Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' Supplement 
to Volume V Relating to a Request for the Imposition of Antidumping 
Duties on Imports from Russia,'' dated October 6, 2020 at 4 and 
Exhibit AD-RU-S1-3; see also Initiation Notice, 85 FR at 67714; see 
also Memorandum, ``Certain Aluminum Foil from Russia Antidumping 
Duty Investigation Initiation Checklist,'' dated October 19, 2020 at 
8.
---------------------------------------------------------------------------

Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/JSC         * 62.18
 United Company Rusal--Trading House/JSC Rusal Sayanal/JSC
 Ural Foil..................................................
All Others..................................................     * 62.18
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses its calculations and analysis 
performed to interested parties within five days of any public 
announcement or, if there is no public announcement, within five days 
of the date of publication of the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we applied AFA and performed no margin calculations, no 
disclosure will be made in this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of certain aluminum foil 
from Russia, as described in the appendix to this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after May 
4, 2021, the date of publication of the Preliminary Determination in 
the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, 
upon the publication of this notice, Commerce will instruct CBP to 
require a cash deposit 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 the final determination in this 
proceeding 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 of subject 
merchandise from Russia no later than 45 days after our 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. If the ITC determines that such injury does exist, 
Commerce will issue an AD 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.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
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 the 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 violation 
subject to sanction.

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

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,

[[Page 52880]]

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.

[FR Doc. 2021-20540 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P