Certain Aluminum Foil From the Russian Federation: Final Affirmative Determination of Sales at Less Than Fair Value, 52878-52880 [2021-20540]
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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
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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:
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Fmt 4703
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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.
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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.
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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
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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,
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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).
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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.
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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 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, 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.
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]]>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\
---------------------------------------------------------------------------
\9\ See Preliminary Determination, 86 FR at 23685.
---------------------------------------------------------------------------
[[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
