Certain Aluminum Foil From the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Antidumping Duty Orders, 62790-62793 [2021-24859]
Download as PDF
<![CDATA[
62790
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Rates
In accordance with section
751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash
deposits of estimated countervailing
duties in the amounts shown for the
companies listed above. For all
nonreviewed firms, we will instruct
CBP to continue to collect cash deposits
of estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company,
as appropriate. These cash deposits,
when imposed, shall remain in effect
until further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction 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 terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4) and 19
CFR 351.221(b)(5).
Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of The Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of the Administrative Review,
in Part
V. Changes Since the Preliminary Results
VI. Use of Facts Available and Application of
Adverse Inferences
VII. Changes Since the Preliminary Results
VIII. Analysis of Comments
Comment: The ‘‘All-Others’’ Rate
IX. Recommendation
[FR Doc. 2021–24706 Filed 11–10–21; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:42 Nov 10, 2021
Jkt 256001
determinations, pursuant to section
735(d) of the Act, that an industry in the
International Trade Administration
United States is materially injured,
[A–831–804, A–351–856, A–523–815, A–821– within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of
828, A–489–844]
the LTFV imports of aluminum foil from
Armenia, Brazil, Oman, Russia, and
Certain Aluminum Foil From the
Turkey.2
Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian
Scope of the Orders
Federation, and the Republic of
The product covered by these orders
Turkey: Antidumping Duty Orders
is aluminum foil from Armenia, Brazil,
AGENCY: Enforcement and Compliance,
Oman, Russia, and Turkey. For a
International Trade Administration,
complete description of the scope of
Department of Commerce.
these orders, see the appendix to this
SUMMARY: Based on affirmative final
notice.
determinations by the Department of
Antidumping Duty Orders
Commerce (Commerce) and the
On November 5, 2021, in accordance
International Trade Commission (ITC),
with section 735(d) of the Act, the ITC
Commerce is issuing antidumping duty
notified Commerce of its final
orders on certain aluminum foil
determinations in these investigations,
(aluminum foil) from the Republic of
in which it found that an industry in the
Armenia (Armenia), Brazil, the
United States is materially injured by
Sultanate of Oman (Oman), the Russian
Federation (Russia), and the Republic of reason of imports of aluminum foil from
Armenia, Brazil, Oman, Russia, and
Turkey (Turkey).
Turkey.3 Therefore, in accordance with
DATES: Applicable November 12, 2021.
section 735(c)(2) of the Act, Commerce
FOR FURTHER INFORMATION CONTACT:
is issuing these antidumping duty
Margaret Collins at (202) 482–6250
orders. Because the ITC determined that
(Armenia); George McMahon at (202)
482–1167 (Brazil); Benjamin A. Smith at imports of aluminum foil from Armenia,
(202) 482–2181 (Oman); Mike Heaney at Brazil, Oman, Russia, and Turkey are
materially injuring a U.S. industry,
(202) 482–4475 (Russia); Bryan Hansen
unliquidated entries of subject
at (202) 482–3683 (Turkey) AD/CVD
merchandise from Armenia, Brazil,
Operations, Enforcement and
Oman, Russia, and Turkey, entered into
Compliance, International Trade
the United States or withdrawn from
Administration, U.S. Department of
warehouse for consumption, are subject
Commerce, 1401 Constitution Avenue
to the assessment of antidumping
NW, Washington, DC 20230.
duties.
SUPPLEMENTARY INFORMATION:
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
Background
direct U.S. Customs and Border
In accordance with sections 735(d)
Protection (CBP) to assess, upon further
and 777(i) of the Tariff Act of 1930, as
instructions by Commerce, antidumping
amended (the Act), on September 23,
duties equal to the amount by which the
2021, Commerce published in the
normal value of the foreign like product
Federal Register its affirmative final
exceeds the export price (or constructed
determinations in the less-than-fairexport price) of subject merchandise, for
value (LTFV) investigations of
all relevant entries of aluminum foil
aluminum foil from Armenia, Brazil,
from Armenia, Brazil, Oman, Russia,
Oman, Russia, and Turkey.1 On
and Turkey. With the exception of
November 5, 2021, the ITC notified
entries occurring after the expiration of
Commerce of its affirmative final
the provisional measures period and
before publication of the ITC’s final
1 See Certain Aluminum Foil from the Republic
affirmative injury determinations in the
of Armenia: Final Affirmative Determination of
Federal Register, as further described
Sales at Less Than Fair Value, 86 FR 52882
(September 23, 2021); see also Certain Aluminum
below, antidumping duties will be
Foil from Brazil: Final Affirmative Determination of
assessed on unliquidated entries of
Sales at Less Than Fair Value, 86 FR 52886
aluminum foil from Armenia, Brazil,
(September 23, 2021); Certain Aluminum Foil from
Oman, and Russia, entered or
the Sultanate of Oman: Final Affirmative
withdrawn from warehouse for
Determination of Sales at Less Than Fair Value, 86
FR 52876 (September 23, 2021); Certain Aluminum
consumption, on or after May 4, 2021,
Foil from the Russian Federation: Final Affirmative
the date of publication of the
Determination of Sales at Less Than Fair Value, 86
DEPARTMENT OF COMMERCE
FR 52878 (September 23, 2021); and Certain
Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 52880 (September 23, 2021)
(collectively, Final Determinations), and
accompanying Issues and Decision Memoranda.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
2 See Aluminum Foil from Armenia, Brazil,
Oman, Russia, and Turkey, USITC Investigation
Nos. 701–TA–658–659 and 731–TA–1538–1542
(Final) (November 5, 2021).
3 Id.
E:\FR\FM\12NON1.SGM
12NON1
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices
Preliminary Determinations.4 Regarding
Turkey, because Commerce made a
preliminary negative determination of
sales at LTFV,5 Commerce did not direct
CBP to suspend liquidation or to require
a cash deposit of estimated antidumping
duties for entries of aluminum foil from
Turkey on or after May 4, 2021.
However, because Commerce made a
final affirmative determination of sales
at LTFV, Commerce directed CBP to
begin suspension of liquidation of
imports of aluminum foil from Turkey,
entered or withdrawn from warehouse
for consumption, on or after September
23, 2021, the date of publication of the
Turkey Final Determination.6
Continuation of the Suspension of
Liquidation
In accordance with section 736 of the
Act, Commerce intends to instruct CBP
to continue to suspend liquidation of all
relevant entries of aluminum foil from
Armenia, Brazil, Oman, Russia, and
Turkey. These instructions suspending
liquidation will remain in effect until
further notice. Commerce also intends
to instruct CBP to require cash deposits
equal to the estimated weighted-average
dumping margins indicated in the tables
below. Accordingly, effective on the
date of publication in the Federal
Register of the notice of the ITC’s final
affirmative injury determinations, CBP
will require, at the same time that
importers would normally deposit
estimated duties on the merchandise, a
cash deposit equal to the rates listed
below. The relevant all-others rates
apply to all producers or exporters not
specifically listed.
Provisional Measures
Section 733(d) of the Act states that
the instructions issued under section
733(d)(1) and (2) of the Act pursuant to
an affirmative preliminary
determination, may not remain in effect
for more than four months, except that
Commerce may extend the four-month
period to no more than six months at
the request of exporters representing a
significant proportion of exports of the
subject merchandise. At the request of
exporters that account for a significant
proportion of aluminum foil Armenia,
Brazil, Oman, and Russia, Commerce
extended the four-month period in each
of these investigations. Commerce
published the Preliminary
Determinations in these investigations
in the Federal Register on May 4, 2021.7
62791
The extended provisional measures
period, beginning on the date of
publication of the Preliminary
Determinations, ended on October 30,
2021. Therefore, in accordance with
section 733(d) of the Act and its
practice,8 Commerce will instruct CBP
to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of aluminum foil
from Armenia, Brazil, Oman, and
Russia, entered or withdrawn from
warehouse for consumption, after
October 30, 2021, the final day on
which the provisional measures were in
effect, until and through the day
preceding the date of publication of the
ITC’s final affirmative injury
determinations in the Federal Register.
Suspension of liquidation and the
collection of cash deposits will resume
on the date of publication of the ITC’s
final determinations in the Federal
Register.
Estimated Weighted-Average Dumping
Margins
The estimated weighted-average
dumping margins are as follows:
ARMENIA
Weighted-average
dumping margins
(percent)
Producers
Exporters
Rusal Armenal CJSC .............................................................
Rusal Armenal CJSC .............................................................
Armenia-Wide Entity ...............................................................
Rusal Products GmbH ...........................................................
Rusal Marketing GmbH ..........................................................
.................................................................................................
29.11
29.11
29.11
BRAZIL
Weighted-average
dumping margins
(percent)
Producers/exporters
lotter on DSK11XQN23PROD with NOTICES1
Arconic Ind. E Com de Metias LTDA * ........................................................................................................................................
Companhia Brasileira de Alumı´nio/CBA Itapissuma ...................................................................................................................
All Others .....................................................................................................................................................................................
4 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); see also
Certain Aluminum Foil from Brazil: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 86 FR
23678 (May 4, 2021); Certain Aluminum Foil from
the Sultanate of Oman: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 86 FR 23681
VerDate Sep<11>2014
17:42 Nov 10, 2021
Jkt 256001
(May 4, 2021); and Certain Aluminum Foil from the
Russian Federation: 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) (collectively, Preliminary
Determinations).
5 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)
(Turkey Preliminary Determination).
6 See Certain Aluminum Foil from the Republic
of Turkey: Final Affirmative Determination of Sales
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
* 63.05
13.93
13.93
at Less Than Fair Value, 86 FR 52880 (September
23, 2021) (Turkey Final Determination).
7 See Preliminary Determinations. Provisional
measures were not in effect for entries of aluminum
foil from Turkey because Commerce’s preliminary
determination was negative. See also Turkey
Preliminary Determination.
8 See, e.g., Certain Corrosion-Resistant Steel
Products from India, Italy, the People’s Republic of
China, the Republic of Korea, and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
E:\FR\FM\12NON1.SGM
12NON1
62792
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices
OMAN
Weighted-average
dumping margins
(percent)
Producers/exporters
Oman Aluminium Rolling Company LLC (OARC) .......................................................................................................................
All Others .....................................................................................................................................................................................
3.89
3.89
RUSSIA
Weighted-average
dumping margins
(percent)
Producers/exporters
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
TURKEY
Weighted-average
dumping margins
(percent)
Producers/exporters
Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi
A.S ........................................................................................................................................................
All Others .................................................................................................................................................
Cash deposit rate
(adjusted for
subsidy offsets)
(percent) 9
2.28
2.28
1.95
1.95
lotter on DSK11XQN23PROD with NOTICES1
* Rate was assigned based on facts available with adverse inferences.
Establishment of the Annual Inquiry
Service Lists
On September 20, 2021, Commerce
published the final rule titled
‘‘Regulations to Improve Administration
and Enforcement of Antidumping and
Countervailing Duty Laws’’ in the
Federal Register.10 On September 27,
2021, Commerce also published the
notice titled ‘‘Scope Ruling Application;
Annual Inquiry Service List; and
Informational Sessions’’ in the Federal
Register.11 The Final Rule and
Procedural Guidance provide that
Commerce will maintain an annual
inquiry service list for each order or
suspended investigation, and any
interested party submitting a scope
ruling application or request for
circumvention inquiry shall serve a
copy of the application or request on the
persons on the annual inquiry service
list for that order, as well as any
companion order covering the same
merchandise from the same country of
origin.12
In accordance with the Procedural
Guidance, for orders published in the
Federal Register after November 4,
2021, Commerce will create an annual
inquiry service list segment in
Commerce’s online e-filing and
document management system,
Antidumping and Countervailing Duty
Electronic Service System (ACCESS),
available at https://access.trade.gov,
within five business days of publication
of the notice of the order. Each annual
inquiry service list will be saved in
ACCESS, under each case number, and
under a specific segment type called
‘‘AISL-Annual Inquiry Service List.’’ 13
Interested parties who wish to be
added to the annual inquiry service list
for an order must submit an entry of
appearance to the annual inquiry
service list segment for the order in
ACCESS within 30 days after the date of
publication of the order. For ease of
administration, Commerce requests that
law firms with more than one attorney
representing interested parties in an
9 See Certain Aluminum Foil from the Republic
of Turkey: Final Affirmative Countervailing Duty
Determination, 86 FR 52884 (September 23, 2021),
and accompanying Issues and Decision
Memorandum.
10 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300 (September 20, 2021)
(Final Rule).
11 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021) (Procedural Guidance).
12 Id.
13 This segment will be combined with the
ACCESS Segment Specific Information (SSI) field
which will display the month in which the notice
of the order or suspended investigation was
published in the Federal Register, also known as
the anniversary month. For example, for an order
under case number A–000–000 that was published
in the Federal Register in January, the relevant
segment and SSI combination will appear in
ACCESS as ‘‘AISL-January Anniversary.’’ Note that
there will be only one annual inquiry service list
segment per case number, and the anniversary
month will be pre-populated in ACCESS.
VerDate Sep<11>2014
17:42 Nov 10, 2021
Jkt 256001
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
order designate a lead attorney to be
included on the annual inquiry service
list. Commerce will finalize the annual
inquiry service list within five business
days thereafter. As mentioned in the
Procedural Guidance, the new annual
inquiry service list will be in place until
the following year, when the
Opportunity Notice for the anniversary
month of the order is published.
Commerce may update an annual
inquiry service list at any time as
needed based on interested parties’
amendments to their entries of
appearance to remove or otherwise
modify their list of members and
representatives, or to update contact
information. Any changes or
announcements pertaining to these
procedures will be posted to the
ACCESS website at https://
access.trade.gov.
Special Instructions for Petitioners and
Foreign Governments
In the Final Rule, Commerce stated
that, ‘‘after an initial request and
placement on the annual inquiry service
list, both petitioners and foreign
governments will automatically be
placed on the annual inquiry service list
in the years that follow.’’ 14
Accordingly, as stated above, the
petitioners and foreign governments
should submit their initial entry of
appearance after publication of this
14 See
E:\FR\FM\12NON1.SGM
Final Rule, 86 FR at 52335.
12NON1
Federal Register / Vol. 86, No. 216 / Friday, November 12, 2021 / Notices
notice in order to appear in the first
annual inquiry service list for those
orders for which they qualify as an
interested party. Pursuant to 19 CFR
351.225(n)(3), the petitioners and
foreign governments will not need to
resubmit their entries of appearance
each year to continue to be included on
the annual inquiry service list.
However, the petitioners and foreign
governments are responsible for making
amendments to their entries of
appearance during the annual update to
the annual inquiry service list in
accordance with the procedures
described above.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
aluminum foil from Armenia, Brazil,
Oman, Russia, and Turkey pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These antidumping duty orders are
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of The Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix—Scope of the Orders
The merchandise covered by these orders
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 these orders 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 covered by these orders 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 these orders may also be entered
into the United States under HTSUS
VerDate Sep<11>2014
17:42 Nov 10, 2021
Jkt 256001
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 these orders is
dispositive.
[FR Doc. 2021–24859 Filed 11–10–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB502]
Fisheries of the US Caribbean;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting;
Cancellation
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice of cancellation of SEDAR
80 workshop webinars for U.S.
Caribbean Queen Triggerfish Fishery
Topical Working Group.
ACTION:
The SEDAR 80 assessment
process of U.S. Caribbean Queen
Triggerfish will consist of a series of
webinars.
SUMMARY:
The SEDAR 80 US Caribbean
Queen Triggerfish Fishery Topical
Working Group workshop was to be
held via webinar on November 16–18,
2021, from 9 a.m. to 1 p.m. Eastern, each
day.
DATES:
ADDRESSES:
Meeting address: The meeting was to
be held via webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
Julie
A. Neer, SEDAR Coordinator; (843) 571–
4366; email: Julie.neer@safmc.net
FOR FURTHER INFORMATION CONTACT:
The
meeting notice published on October 29,
2021 (86 FR 59995). This notice
announces that the meeting is cancelled
and will be rescheduled at a later date.
Authority: 16 U.S.C. 1801 et seq.
SUPPLEMENTARY INFORMATION:
Dated: November 8, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–24716 Filed 11–10–21; 8:45 am]
BILLING CODE 3510–22–P
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
62793
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Greater Atlantic Region
Permit Family of Forms
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 6, 2021
(86 FR 35493) during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
Title: Greater Atlantic Region Permit
Family of Forms.
OMB Control Number: 0648–0202.
Form Number(s): None.
Type of Request: Regular submission.
Revision and extension of current
information collection.
Number of Respondents: 128,237.
Average Hours Per Response: Varies.
Total Annual Burden Hours: 19,833.
Needs and Uses: This request is for
revision and extension of a current
information collection. Under the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Secretary of Commerce has the
responsibility for the conservation and
management of marine fishery
resources. Much of this responsibility
has been delegated to NOAA’s National
Marine Fisheries Service (NMFS).
Under this stewardship role, the
Secretary was given certain regulatory
authorities to ensure the most beneficial
uses of these resources. One of the
regulatory steps taken to carry out the
conservation and management
objectives is to collect information from
users of the resources.
The Secretary has enacted rules to
issue permits to individuals and
organizations participating in federally
controlled fisheries. Permits are
necessary to: (1) Register fishermen,
fishing vessels, fish dealers and
E:\FR\FM\12NON1.SGM
12NON1
]]>Agencies
[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62790-62793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24859]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-831-804, A-351-856, A-523-815, A-821-828, A-489-844]
Certain Aluminum Foil From the Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian Federation, and the Republic of Turkey:
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty orders on certain aluminum foil
(aluminum foil) from the Republic of Armenia (Armenia), Brazil, the
Sultanate of Oman (Oman), the Russian Federation (Russia), and the
Republic of Turkey (Turkey).
DATES: Applicable November 12, 2021.
FOR FURTHER INFORMATION CONTACT: Margaret Collins at (202) 482-6250
(Armenia); George McMahon at (202) 482-1167 (Brazil); Benjamin A. Smith
at (202) 482-2181 (Oman); Mike Heaney at (202) 482-4475 (Russia); Bryan
Hansen at (202) 482-3683 (Turkey) AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on September 23, 2021, Commerce published
in the Federal Register its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of aluminum foil from
Armenia, Brazil, Oman, Russia, and Turkey.\1\ On November 5, 2021, the
ITC notified Commerce of its affirmative final determinations, pursuant
to section 735(d) of the Act, that an industry in the United States is
materially injured, within the meaning of section 735(b)(1)(A)(i) of
the Act, by reason of the LTFV imports of aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey.\2\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Republic of Armenia:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 52882 (September 23, 2021); see also Certain Aluminum Foil from
Brazil: Final Affirmative Determination of Sales at Less Than Fair
Value, 86 FR 52886 (September 23, 2021); Certain Aluminum Foil from
the Sultanate of Oman: Final Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 52876 (September 23, 2021); Certain
Aluminum Foil from the Russian Federation: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 52878
(September 23, 2021); and Certain Aluminum Foil from the Republic of
Turkey: Final Affirmative Determination of Sales at Less Than Fair
Value, 86 FR 52880 (September 23, 2021) (collectively, Final
Determinations), and accompanying Issues and Decision Memoranda.
\2\ See Aluminum Foil from Armenia, Brazil, Oman, Russia, and
Turkey, USITC Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542
(Final) (November 5, 2021).
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey. For a complete description of the
scope of these orders, see the appendix to this notice.
Antidumping Duty Orders
On November 5, 2021, in accordance with section 735(d) of the Act,
the ITC notified Commerce of its final determinations in these
investigations, in which it found that an industry in the United States
is materially injured by reason of imports of aluminum foil from
Armenia, Brazil, Oman, Russia, and Turkey.\3\ Therefore, in accordance
with section 735(c)(2) of the Act, Commerce is issuing these
antidumping duty orders. Because the ITC determined that imports of
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey are
materially injuring a U.S. industry, unliquidated entries of subject
merchandise from Armenia, Brazil, Oman, Russia, and Turkey, entered
into the United States or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
---------------------------------------------------------------------------
\3\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instructions by Commerce, antidumping duties equal
to the amount by which the normal value of the foreign like product
exceeds the export price (or constructed export price) of subject
merchandise, for all relevant entries of aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey. With the exception of entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury determinations
in the Federal Register, as further described below, antidumping duties
will be assessed on unliquidated entries of aluminum foil from Armenia,
Brazil, Oman, and Russia, entered or withdrawn from warehouse for
consumption, on or after May 4, 2021, the date of publication of the
[[Page 62791]]
Preliminary Determinations.\4\ Regarding Turkey, because Commerce made
a preliminary negative determination of sales at LTFV,\5\ Commerce did
not direct CBP to suspend liquidation or to require a cash deposit of
estimated antidumping duties for entries of aluminum foil from Turkey
on or after May 4, 2021. However, because Commerce made a final
affirmative determination of sales at LTFV, Commerce directed CBP to
begin suspension of liquidation of imports of aluminum foil from
Turkey, entered or withdrawn from warehouse for consumption, on or
after September 23, 2021, the date of publication of the Turkey Final
Determination.\6\
---------------------------------------------------------------------------
\4\ 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); see also Certain
Aluminum Foil from Brazil: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 86 FR 23678 (May 4, 2021);
Certain Aluminum Foil from the Sultanate of Oman: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 86 FR 23681 (May 4, 2021); and Certain Aluminum Foil from
the Russian Federation: 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)
(collectively, Preliminary Determinations).
\5\ 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)
(Turkey Preliminary Determination).
\6\ See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
52880 (September 23, 2021) (Turkey Final Determination).
---------------------------------------------------------------------------
Continuation of the Suspension of Liquidation
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation of all relevant entries
of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey. These
instructions suspending liquidation will remain in effect until further
notice. Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time that
importers would normally deposit estimated duties on the merchandise, a
cash deposit equal to the rates listed below. The relevant all-others
rates apply to all producers or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that the instructions issued under
section 733(d)(1) and (2) of the Act pursuant to an affirmative
preliminary determination, may not remain in effect for more than four
months, except that Commerce may extend the four-month period to no
more than six months at the request of exporters representing a
significant proportion of exports of the subject merchandise. At the
request of exporters that account for a significant proportion of
aluminum foil Armenia, Brazil, Oman, and Russia, Commerce extended the
four-month period in each of these investigations. Commerce published
the Preliminary Determinations in these investigations in the Federal
Register on May 4, 2021.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Determinations. Provisional measures were
not in effect for entries of aluminum foil from Turkey because
Commerce's preliminary determination was negative. See also Turkey
Preliminary Determination.
---------------------------------------------------------------------------
The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on October 30,
2021. Therefore, in accordance with section 733(d) of the Act and its
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of aluminum foil from Armenia, Brazil, Oman, and
Russia, entered or withdrawn from warehouse for consumption, after
October 30, 2021, the final day on which the provisional measures were
in effect, until and through the day preceding the date of publication
of the ITC's final affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
---------------------------------------------------------------------------
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Armenia
------------------------------------------------------------------------
Weighted-average
Producers Exporters dumping margins
(percent)
------------------------------------------------------------------------
Rusal Armenal CJSC........... Rusal Products GmbH.. 29.11
Rusal Armenal CJSC........... Rusal Marketing GmbH. 29.11
Armenia-Wide Entity.......... ..................... 29.11
------------------------------------------------------------------------
Brazil
------------------------------------------------------------------------
Weighted-average
Producers/exporters dumping margins
(percent)
------------------------------------------------------------------------
Arconic Ind. E Com de Metias LTDA *................. * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA 13.93
Itapissuma.........................................
All Others.......................................... 13.93
------------------------------------------------------------------------
[[Page 62792]]
Oman
------------------------------------------------------------------------
Weighted-average
Producers/exporters dumping margins
(percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company LLC (OARC)........... 3.89
All Others.......................................... 3.89
------------------------------------------------------------------------
Russia
------------------------------------------------------------------------
Weighted-average
Producers/exporters dumping margins
(percent)
------------------------------------------------------------------------
Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/ * 62.18
JSC United Company Rusal--Trading House/JSC Rusal
Sayanal/JSC Ural Foil*.............................
All Others.......................................... 62.18
------------------------------------------------------------------------
Turkey
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Producers/exporters dumping margins subsidy offsets)
(percent) (percent) \9\
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve 2.28 1.95
Ticaret A.S.; Kibar Dis Ticaret
A.S.; and Ispak Esnek Ambalaj
Sanayi A.S.....................
All Others...................... 2.28 1.95
------------------------------------------------------------------------
* Rate was assigned based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
---------------------------------------------------------------------------
\9\ See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Countervailing Duty Determination, 86 FR 52884
(September 23, 2021), and accompanying Issues and Decision
Memorandum.
---------------------------------------------------------------------------
On September 20, 2021, Commerce published the final rule titled
``Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws'' in the Federal Register.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ The Final Rule and Procedural
Guidance provide that Commerce will maintain an annual inquiry service
list for each order or suspended investigation, and any interested
party submitting a scope ruling application or request for
circumvention inquiry shall serve a copy of the application or request
on the persons on the annual inquiry service list for that order, as
well as any companion order covering the same merchandise from the same
country of origin.\12\
---------------------------------------------------------------------------
\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ Id.
---------------------------------------------------------------------------
In accordance with the Procedural Guidance, for orders published in
the Federal Register after November 4, 2021, Commerce will create an
annual inquiry service list segment in Commerce's online e-filing and
document management system, Antidumping and Countervailing Duty
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the
notice of the order. Each annual inquiry service list will be saved in
ACCESS, under each case number, and under a specific segment type
called ``AISL-Annual Inquiry Service List.'' \13\
---------------------------------------------------------------------------
\13\ This segment will be combined with the ACCESS Segment
Specific Information (SSI) field which will display the month in
which the notice of the order or suspended investigation was
published in the Federal Register, also known as the anniversary
month. For example, for an order under case number A-000-000 that
was published in the Federal Register in January, the relevant
segment and SSI combination will appear in ACCESS as ``AISL-January
Anniversary.'' Note that there will be only one annual inquiry
service list segment per case number, and the anniversary month will
be pre-populated in ACCESS.
---------------------------------------------------------------------------
Interested parties who wish to be added to the annual inquiry
service list for an order must submit an entry of appearance to the
annual inquiry service list segment for the order in ACCESS within 30
days after the date of publication of the order. For ease of
administration, Commerce requests that law firms with more than one
attorney representing interested parties in an order designate a lead
attorney to be included on the annual inquiry service list. Commerce
will finalize the annual inquiry service list within five business days
thereafter. As mentioned in the Procedural Guidance, the new annual
inquiry service list will be in place until the following year, when
the Opportunity Notice for the anniversary month of the order is
published.
Commerce may update an annual inquiry service list at any time as
needed based on interested parties' amendments to their entries of
appearance to remove or otherwise modify their list of members and
representatives, or to update contact information. Any changes or
announcements pertaining to these procedures will be posted to the
ACCESS website at https://access.trade.gov.
Special Instructions for Petitioners and Foreign Governments
In the Final Rule, Commerce stated that, ``after an initial request
and placement on the annual inquiry service list, both petitioners and
foreign governments will automatically be placed on the annual inquiry
service list in the years that follow.'' \14\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this
[[Page 62793]]
notice in order to appear in the first annual inquiry service list for
those orders for which they qualify as an interested party. Pursuant to
19 CFR 351.225(n)(3), the petitioners and foreign governments will not
need to resubmit their entries of appearance each year to continue to
be included on the annual inquiry service list. However, the
petitioners and foreign governments are responsible for making
amendments to their entries of appearance during the annual update to
the annual inquiry service list in accordance with the procedures
described above.
---------------------------------------------------------------------------
\14\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey pursuant
to section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
Dated: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of The Assistant Secretary for
Enforcement and Compliance.
Appendix--Scope of the Orders
The merchandise covered by these orders 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 these orders 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 covered by these orders 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 these orders
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 these orders is dispositive.
[FR Doc. 2021-24859 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P
