Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 86108-86110 [2023-27321]
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86108
Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), unless that collection of
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form reference in the notice, Form BC–
1869(EF), will collect only information
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request. As such, it is not subject to the
PRA’s requirements.
Robert L. Santos, Director, Census
Bureau, approved the publication of this
notice in the Federal Register.
Dated: December 7, 2023.
Shannon Wink,
Program Analyst, Policy Coordination Office,
U.S. Census Bureau.
[FR Doc. 2023–27207 Filed 12–11–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Reporting Process for
Complaint of Employment
Discrimination Used by Permanent
Employees and Applicants for
Employment at DOC and Complaint of
Employment Discrimination for the
Decennial Census
Office of Civil Rights, Office of
the Secretary, Department of Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites 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. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before February 12, 2024.
ADDRESSES: Interested persons are
invited to submit comments by email to
predpath@doc.gov or PRAcomments@
doc.gov. Please reference OMB Control
Number 0694–0015 in the subject line of
your comments. Do not submit
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SUMMARY:
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Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Paul
Redpath, Office of Civil Rights, Chief,
Program Implementation Division,
phone (202) 482–2627 or by email at
predpath@doc.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Equal Employment Opportunity
Federal Commission (EEOC) regulations
at 29 CFR 1614.106 require that a
Federal employee or applicant for
Federal employment alleging
discrimination based on race, color, sex,
national origin, religion, age, disability,
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of Civil Rights strongly encourages its
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II. Method of Collection
A paper form, signed by the
complainant or his or her designated
representative, must be submitted by
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III. Data
OMB Control Number: 0694–0015.
Form Number(s): CD–498, CD–498A.
Type of Review: Regular. Extension of
a currently approved information
collection.
Affected Public: Households and
individuals.
Estimated Number of Respondents:
200.
Estimated Time per Response: 30
minutes.
Estimated Total Annual Burden
Hours: 100.
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Estimated Total Annual Cost to
Public: $193.
Respondent’s Obligation: Voluntary.
IV. Request for Comments
We are soliciting public comments to
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Evaluate whether the proposed
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including whether the information will
have practical utility; (b) Evaluate the
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cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
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to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–27242 Filed 12–11–23; 8:45 am]
BILLING CODE 3510–BP–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–856]
Certain Aluminum Foil From Brazil:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that producers or exporters
of certain aluminum foil (aluminum
foil) from Brazil subject to this review
made sales of subject merchandise at
less than normal value (NV) during the
AGENCY:
E:\FR\FM\12DEN1.SGM
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
period of review (POR) May 4, 2021,
through October 31, 2022. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable December 12, 2023.
FOR FURTHER INFORMATION CONTACT:
George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1167.
SUPPLEMENTARY INFORMATION:
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Background
On January 3, 2023, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), Commerce
initiated an administrative review of the
antidumping duty order on aluminum
foil from Brazil.1 This review covers two
producers and/or exporters of the
subject merchandise.
On January 13, 2023, we identified
CBA Itapissuma Ltda. and Companhia
Brasileira de Alumı´nio (collectively,
CBA 2) as the mandatory respondent in
this review.3 On July 14, 2023, we
extended the deadline for the
preliminary results by 120 days.4 The
deadline for the preliminary results of
this administrative review is now
November 30, 2023.
For a complete description of the
events that followed the initiation of
this administrative review, see the
Preliminary Decision Memorandum.
The Preliminary Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
2 Commerce determined in the less-than-fairvalue investigation that Companhia Brasileira de
Alumı´nio and CBA Itapissuma are affiliated within
the meaning of sections 771(33)(E) and (G) of the
Act, and should be treated as a single entity, in
accordance with 19 CFR 351.401(f). Based on the
information reported by Companhia Brasileira de
Alumı´nio and CBA Itapissuma in this review,
Commerce continues to find that Companhia
Brasileira de Alumı´nio and CBA Itapissuma are
affiliated and continues to treat these companies as
a single entity. See Certain Aluminum Foil from
Brazil: Final Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 52886 (September 23,
2021), and accompanying Issues and Decision
Memorandum; see also Memorandum, ‘‘Certain
Aluminum Foil from Brazil: Decision Memorandum
for the Preliminary Results of Antidumping Duty
Administrative Review; 2021–2022,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
3 See Commerce’s Letter, ‘‘Section A–E Initial
Questionnaire,’’ dated January 13, 2023; see also
Memorandum, ‘‘Release of U.S. Customs and
Border Protection (CBP) Data,’’ dated January 11,
2023.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated July 14, 2023.
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18:03 Dec 11, 2023
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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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx/.
Scope of the Order 5
The scope of the Order covers
aluminum foil. Aluminum foil is
currently classifiable under subheadings
7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060,
7607.11.9090, and 7607.19.6000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). 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. For
a complete description of the scope of
the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance
with section 772 of the Act. NV is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as the
appendix to this notice.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 4,
2021, through October 31, 2022:
Exporter or producer
Companhia Brasileira de
Alumı´nio/CBA Itapissuma 6 .....
Weightedaverage
dumping
margin
(percent)
9.05
5 See Certain Aluminum Foil from the Republic
of Armenia, Brazil, the Sultanate of Oman, the
Russian Federation, and the Republic of Turkey:
Antidumping Duty Orders, 86 FR 62790 (November
12, 2021).
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86109
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.7 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs to Commerce
following publication of these
preliminary results of review. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.8 The deadlines for case briefs and
rebuttal briefs will be announced at a
later date. Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.9 As provided under
19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this review, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.10 Further, we
request that interested parties limit their
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final results in this
administrative review. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).11 Pursuant to 19 CFR
351.310(c), interested parties who wish
to request a hearing must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, filed electronically via
6 Consistent with the less than fair value
investigation, Commerce preliminarily determines
that Companhia Brasileira de Alumı´nio and CBA
Itapissuma are affiliated, within the meaning of
771(33)(E) and (G) of the Act, and should be treated
as a single entity, in accordance with 19 CFR
351.401(f). See Preliminary Decision Memorandum.
7 See 19 CFR 351.224(b).
8 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023).
9 See 19 CFR 351.309(c)(2) and (d)(2).
10 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
11 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings; Final Rule, 88 FR
67069 (September 29, 2023).
E:\FR\FM\12DEN1.SGM
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Federal Register / Vol. 88, No. 237 / Tuesday, December 12, 2023 / Notices
ACCESS. Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronicallyfiled hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time within
30 days after the date of publication of
this notice.
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Assessment Rate
Upon issuance of the final results,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.12 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. The final
results of this administrative review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise under review and for
future deposits of estimated duties,
where applicable. If a 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).
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), we will calculate an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by CBA for
which it did not know its merchandise
was destined for the United States, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
12 See
19 CFR 351.212(b)(1).
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18:03 Dec 11, 2023
Jkt 262001
company(ies) involved in the
transaction.13
with the regulations and the terms of an
APO is a sanctionable violation.
Cash Deposit Requirements
The following deposit requirements
for estimated antidumping duties will
be effective upon publication of the
notice of final results of this review for
all shipments of aluminum foil from
Brazil entered, or withdrawn from
warehouse, for consumption on or after
the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rate for the companies under
review will be the rate established in the
final results of the review (except, if the
rate is zero or de minimis, no cash
deposit will be required); (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original investigation but the producer
is, the cash deposit rate will be the rate
established for the most recent period
for the producer of the merchandise; (4)
the cash deposit rate for all other
producers or exporters will continue to
be 13.93 percent,14 the all-others rate
established in the less-than-fair-value
investigation. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i) of the Act,
and 19 CFR 351.221(b)(4).
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
13 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
14 See Order, 86 FR 62791.
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Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–27321 Filed 12–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–073, C–570–074]
Common Alloy Aluminum Sheet From
the People’s Republic of China:
Rescission of Circumvention Inquiry
on the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a withdrawal of the
circumvention inquiry request, the U.S.
Department of Commerce (Commerce) is
rescinding this circumvention inquiry
that was initiated to determine whether
imports of common alloy aluminum
sheet (CAAS) produced in the Republic
of Korea (Korea) by Gwangyang
Aluminum Industries Co., Ltd.
(Gwangyang Aluminum), completed or
assembled using non-subject flat rolled
aluminum having a thickness greater
than 6.3 millimeters (mm) produced by
Henan Mingtai Aluminum Industry Co.,
Ltd. (Henan Mingtai) or Zhengzhou
Mingtai Industry Co., Ltd. (Zhengzhou
Mingtai) in the People’s Republic of
China (China), is circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
CAAS from China.
DATES: Applicable December 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Frank Schmitt, 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) 482–4880.
AGENCY:
E:\FR\FM\12DEN1.SGM
12DEN1
]]>Agencies
[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86108-86110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27321]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers or exporters of certain aluminum foil
(aluminum foil) from Brazil subject to this review made sales of
subject merchandise at less than normal value (NV) during the
[[Page 86109]]
period of review (POR) May 4, 2021, through October 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 12, 2023.
FOR FURTHER INFORMATION CONTACT: George McMahon, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1167.
SUPPLEMENTARY INFORMATION:
Background
On January 3, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty order on aluminum foil
from Brazil.\1\ This review covers two producers and/or exporters of
the subject merchandise.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
---------------------------------------------------------------------------
On January 13, 2023, we identified CBA Itapissuma Ltda. and
Companhia Brasileira de Alum[iacute]nio (collectively, CBA \2\) as the
mandatory respondent in this review.\3\ On July 14, 2023, we extended
the deadline for the preliminary results by 120 days.\4\ The deadline
for the preliminary results of this administrative review is now
November 30, 2023.
---------------------------------------------------------------------------
\2\ Commerce determined in the less-than-fair-value
investigation that Companhia Brasileira de Alum[iacute]nio and CBA
Itapissuma are affiliated within the meaning of sections 771(33)(E)
and (G) of the Act, and should be treated as a single entity, in
accordance with 19 CFR 351.401(f). Based on the information reported
by Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma in
this review, Commerce continues to find that Companhia Brasileira de
Alum[iacute]nio and CBA Itapissuma are affiliated and continues to
treat these companies as a single entity. See Certain Aluminum Foil
from Brazil: Final Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 52886 (September 23, 2021), and accompanying
Issues and Decision Memorandum; see also Memorandum, ``Certain
Aluminum Foil from Brazil: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
\3\ See Commerce's Letter, ``Section A-E Initial
Questionnaire,'' dated January 13, 2023; see also Memorandum,
``Release of U.S. Customs and Border Protection (CBP) Data,'' dated
January 11, 2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 14,
2023.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum. The Preliminary 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 Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx/.
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November
12, 2021).
---------------------------------------------------------------------------
The scope of the Order covers aluminum foil. Aluminum foil is
currently classifiable under subheadings 7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). 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. For a complete description of the scope
of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as the appendix to this
notice.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 4, 2021, through October 31,
2022:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \6\. 9.05
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce following publication of these preliminary results
of review. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\8\ The deadlines for case briefs and rebuttal briefs will
be announced at a later date. Interested parties who submit case briefs
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\9\ As
provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we
have encouraged interested parties to provide an executive summary of
their brief that should be limited to five pages total, including
footnotes. In this review, we instead request that interested parties
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\10\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue.
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\6\ Consistent with the less than fair value investigation,
Commerce preliminarily determines that Companhia Brasileira de
Alum[iacute]nio and CBA Itapissuma are affiliated, within the
meaning of 771(33)(E) and (G) of the Act, and should be treated as a
single entity, in accordance with 19 CFR 351.401(f). See Preliminary
Decision Memorandum.
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\11\
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via
[[Page 86110]]
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically-filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Assessment Rate
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. The final results of this administrative review
shall be the basis for the assessment of antidumping duties on entries
of merchandise under review and for future deposits of estimated
duties, where applicable. If a 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).
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\12\ See 19 CFR 351.212(b)(1).
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate an importer-specific ad valorem
duty assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by CBA
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\13\
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\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of aluminum foil from Brazil entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) the cash
deposit rate for the companies under review will be the rate
established in the final results of the review (except, if the rate is
zero or de minimis, no cash deposit will be required); (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
13.93 percent,\14\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Order, 86 FR 62791.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-27321 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P
