Certain Aluminum Foil From Brazil: Final Results of Antidumping Duty Administrative Review; 2021-2022, 50261-50263 [2024-13039]

Download as PDF Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices financial statements used in the Final Determination are publicly available, an average of the financial statements on the record of this proceeding constituted the best proxy of constructed value profit and selling expense data.10 As a result of the above, Commerce recalculated the weighted-average dumping margin for Best Mattresses/ Rose Lion, which changed from 52.41 percent to 103.79 percent.11 Consequently, the dumping margin applicable to all other companies changed from 52.41 percent to 103.79 percent.12 On May 16, 2024, the CIT sustained Commerce’s Remand Redetermination.13 Timken Notice In its decision in Timken,14 as clarified by Diamond Sawblades,15 the U.S. Court of Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s May 16, 2024, judgment constitutes a final decision of the CIT that is not in harmony with Commerce’s Amended Final Determination and Order. Thus, this notice is published in fulfillment of the publication requirements of Timken. Exporter/producer Weightedaverage dumping margin (percent) All Others .................................... 103.79 at 36. BILLING CODE 3510–DS–P Because Best Mattresses/Rose Lion does not have a superseding cash deposit rate (i.e., there have been no final results published in a subsequent administrative review of Best Mattresses/Rose Lion) and because of the change to the dumping margin assigned to all other producers and/or exporters of subject merchandise, Commerce will instruct U.S. Customs and Border Protection (CBP) to collect cash deposits at the rates equal to the company-specific and all others estimated weighted-average dumping margins listed in the table above. Liquidation of Suspended Entries Notification to Interested Parties lotter on DSK11XQN23PROD with NOTICES1 12 Id. 13 See Best Mattresses International Company Limited and Rose Lion Furniture International Company Limited v. United States, Consol. Court No. 21–00281, Slip Op. 24–59 (CIT May 16, 2024). 14 See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken). 15 See Diamond Sawblades Manufacturers Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 Dated: June 7, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2024–13038 Filed 6–12–24; 8:45 am] Cash Deposit Requirements At this time, Commerce remains enjoined by CIT order from liquidating entries that were produced and/or exported by Best Mattresses/Rose Lion, and were entered, or withdrawn from warehouse, for consumption on and after November 3, 2020, excluding any merchandise entered, or withdrawn from warehouse, for consumption, on Amended Final Determination and May 2, 2021, through May 13, 2021. Order Liquidation of these entries will remain enjoined pursuant to the terms of the Because there is now a final court injunction during the pendency of any judgment, Commerce is amending the appeals process. In the event the CIT’s Amended Final Determination and ruling is not appealed, or, if appealed, Order to revise the dumping margins assigned to Best Mattresses/Rose Lion upheld by a final and conclusive court and all other producers and exporters of decision, Commerce intends to instruct subject merchandise for the period CBP to assess antidumping duties on January 1, 2019, through December 31, unliquidated entries of subject 2019, as follows: merchandise produced and/or exported by Best Mattresses/Rose Lion in Weighted- accordance with 19 CFR 351.212(b). We average will instruct CBP to assess antidumping Exporter/producer dumping margin duties on all appropriate entries when (percent) the importer-specific ad valorem assessment rate is not zero or de Best Mattresses International minimis. Where an importer-specific ad Company Limited/Rose Lion valorem assessment rate is zero or de Furniture International Company Limited ............................ 103.79 minimis,16 we will instruct CBP to liquidate the appropriate entries 10 Id. at 9–16 and 29–35. without regard to antidumping duties. 11 Id. 50261 This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. 16 See PO 00000 DEPARTMENT OF COMMERCE International Trade Administration [A–351–856] Certain Aluminum Foil From Brazil: Final 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) determines that Companhia Brasileira de Alumı́nio and CBA Itapissuma (collectively, CBA) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) May 4, 2021, through October 31, 2022. DATES: Applicable June 13, 2024. 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: AGENCY: Background On December 12, 2023, Commerce published in the Federal Register its Preliminary Results.1 On March 18, 2024, we extended the deadline for these final results to June 7, 2024.2 On April 15, 2024, Commerce issued a postpreliminary cost of production (COP) analysis memorandum.3 For a complete 1 See Certain Aluminum Foil from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021–2022, 88 FR 86108 (December 12, 2023) (Preliminary Results), and accompanying Preliminary Decision Memorandum; see also Memoranda, ‘‘Post-Preliminary Cost-ofProduction Analysis,’’ dated April 12, 2024 (PostPreliminary COP Analysis Memorandum) and ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post-Preliminary Results— Companhia Brasileira de Alumı́nio and CBA Itapissuma,’’ dated April 15, 2024 (Post-Preliminary COP Calculation Memorandum). 2 See Memorandum, ‘‘Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2021–2022,’’ dated March 18, 2024. 3 See Memorandum, ‘‘Post-Preliminary Cost-ofProduction Analysis,’’ dated April 12, 2024 (PostPreliminary COP Analysis Memorandum); see also Memorandum, ‘‘Cost of Production and Constructed Value Calculation Adjustments for the Post- 19 CFR 351.106(c)(2). Frm 00009 Fmt 4703 Sfmt 4703 Continued E:\FR\FM\13JNN1.SGM 13JNN1 50262 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 Commerce conducted this administrative review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 5 The product covered by this Order is certain aluminum foil from Brazil. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs are discussed in the Issues and Decision Memorandum and are listed as an appendix to this notice. 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://access.trade.gov/ public/FRNoticesListLayout.aspx. Changes Since the Preliminary Results Following the Preliminary Results, we made certain changes to CBA’s COP, as explained in the Post-Preliminary COP Analysis Memorandum.6 For a discussion of these changes, see the Post-Preliminary COP Analysis Memorandum. Beyond the changes discussed in the Post-Preliminary COP Analysis Memorandum, we made no other changes since the Preliminary Results. Final Results of Administrative Review lotter on DSK11XQN23PROD with NOTICES1 For these final results, we determine that the following estimated weightedaverage dumping margin exists for the period May 4, 2021, through October 31, 2022: Preliminary Results—Companhia Brasileira de Alumı́nio and CBA Itapissuma,’’ dated April 15, 2024 (Post-Preliminary COP Calculation Memorandum). 4 See Memorandum, ‘‘Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Aluminum Foil from Brazil; 2021–2022,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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) (Order). 6 See Preliminary Results, 88 FR at 86108; PostPreliminary COP Analysis Memorandum; and PostPreliminary COP Calculation Memorandum. VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 Exporter or producer Companhia Brasileira de Alumı́nio/CBA Itapissuma 7 ..... Weightedaverage dumping margin (percent) 7.59 Disclosure Commerce intends to disclose its calculations and analysis performed to interested parties for these final results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Assessment Rates Pursuant to section 751(a)(2)(C) of the Act, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For CBA, we calculated ad valorem importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer’s examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Where an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), the entries by that importer will be liquidated 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 of 13.93 percent, if there is no rate for the intermediate company(ies) involved in the transaction.8 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. If a 7 Upon its determination in the less-than-fairvalue (LTFV) investigation that Companhia Brasileira de Alumı́nio 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), in the Preliminary Results of this administrative review, Commerce continued to find that Companhia Brasileira de Alumı́nio and CBA Itapissuma are affiliated and should be treated as a single entity. See Preliminary Decision Memorandum at 1 n.1. Commerce received no comments regarding this preliminary determination. Accordingly, Commerce continues to find that Companhia Brasileira de Alumı́nio and CBA Itapissuma are affiliated and should be treated as a single entity. Commerce has referred to the two companies collectively as CBA. 8 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 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 Requirements The following cash deposit requirements for estimated antidumping duties will be effective upon publication of this notice for all shipments of certain 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 subject to this review will be equal to the companyspecific weighted-average dumping margin established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment 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 has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment 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, the all-others rate established in the less-than-fair-value investigation of this proceeding.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final 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 Order This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction or return of proprietary information disclosed under APO in 9 See E:\FR\FM\13JNN1.SGM Order, 86 FR at 62791. 13JNN1 Federal Register / Vol. 89, No. 115 / Thursday, June 13, 2024 / Notices accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the destruction or return 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 We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: June 7, 2024. 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 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Changes Since the Preliminary Results V. Discussion of the Issues Comment 1: Whether to Test Electricity Purchases According to the Major Inputs Provision Comment 2: Whether to Use CBA’s NonSmoothed Costs Comment 3: Whether to Modify PostPreliminary Analysis to Test for Substantial Cost Differences Across Production Mills Comment 4: Whether to Exclude Priced Sample U.S. Sales Comment 5: Correction of Draft Customs Instructions VI. Recommendation International Trade Commission (ITC), Commerce is issuing the antidumping duty (AD) orders on brass rod from Brazil, India, Mexico, the Republic of Korea (Korea), and South Africa and a countervailing duty (CVD) order on brass rod from Korea. In addition, Commerce is amending its final determination of sales at less than fair value (LTFV) with respect to brass rod from Korea to correct a ministerial error. DATES: Applicable June 13, 2024. FOR FURTHER INFORMATION CONTACT: Claudia Cott or Thomas Schauer (Brazil), 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) 482–4270 and (202) 482–0410, respectively; Allison Hollander or Christopher Williams (India), Office I; telephone: (202) 482–2805 or (202) 482–5166; Frank Schmitt or Jacob Waddell (Mexico), Office VI; telephone: (202) 482–4880 or (202) 482–1369, respectively; Krisha Hill or Drew Jackson (AD Korea), Office IV; telephone: (202) 482–4037 or (202) 482– 4406, respectively; Dmitry Vladimirov (South Africa), Office I; telephone: (202) 482–0665; or Toni Page or Lingjun Wang (CVD Korea), Office VII; telephone: (202) 482–1398, or (202) 482–2316, respectively. SUPPLEMENTARY INFORMATION: Background In accordance with sections 705(d) and 735(d) of the Tariff Act of 1930, as amended (the Act), on April 22, 2024, Commerce published its affirmative final determinations of sales at LTFV of [FR Doc. 2024–13039 Filed 6–12–24; 8:45 am] brass rod from Brazil, India, Mexico, BILLING CODE 3510–DS–P Korea, and South Africa,1 and its affirmative final determination that countervailable subsidies are being DEPARTMENT OF COMMERCE provided to producers and exporters of brass rod from Korea.2 In the LTFV and International Trade Administration CVD investigations of brass rod from [A–351–859, A–533–915, A–201–858, A–580– Korea, a respondent timely alleged that lotter on DSK11XQN23PROD with NOTICES1 916, A–791–828, C–580–917] Brass Rod From the Republic of Korea: Amended Final Antidumping Duty Determination; Brass Rod From Brazil, India, Mexico, the Republic of Korea, and South Africa: Antidumping Duty Orders; Brass Rod From the Republic of Korea: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the U.S. Department of Commerce (Commerce) and the U.S. AGENCY: VerDate Sep<11>2014 19:28 Jun 12, 2024 Jkt 262001 1 See Brass Rod from Brazil: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 29303 (April 22, 2024); Brass Rod from India: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 29300 (April 22, 2024) (India Final LTFV Determination); Brass Rod from Mexico: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 29305 (April 22, 2024); Brass Rod from the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 29298 (April 22, 2024) (Korea Final LTFV Determination); Brass Rod from South Africa: Final Affirmative Determination of Sales at Less Than Fair Value, 89 FR 29292 (April 22, 2024), (collectively, Final LTFV Determinations). 2 See Brass Rod from the Republic of Korea: Final Affirmative Countervailing Duty Determination, 89 FR 29290 (April 22, 2024) (Korea Final CVD Determination). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 50263 Commerce made certain ministerial errors. See ‘‘Amendment to the Korea Final Determination of Sales at Less than Fair Value’’ section below for further discussion. On June 5, 2024, pursuant to sections 705(d) and 735(d) of the Act, the ITC notified Commerce of its final affirmative determinations that an industry in the United States is materially injured by reason of dumped imports of brass rod from Brazil, India, Mexico, the Korea, and South Africa, and subsidized imports of brass rod from Korea, within the meaning of sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.3 Scope of the Orders The product covered by these orders is brass rod from Brazil, India, Mexico, Korea, and South Africa. For a complete description of the scope of the orders, see the appendix to this notice. Amendment to the Final Determination of Sales at Less Than Fair Value for Korea We determine that we made certain ministerial errors in the final LTFV and CVD determinations on brass rod from Korea. Pursuant to 19 CFR 351.224(e), and as explained further in the Korea AD Ministerial Error Memorandum 4 and Korea CVD Ministerial Error Memorandum 5 issued concurrently with this notice, Commerce is amending the Korea Final LTFV Determination to reflect the correction of certain ministerial errors, which resulted from the misclassification of certain subsidies in the companion CVD proceeding. Correction of these errors changes the final AD adjusted cash deposit rate for Daechang Co., Ltd., Seowon Co. Ltd., and IMI Co. Ltd., as well as the cash deposit rate for all other producers and exporters not individually investigated. The revised rates are listed in the ‘‘Estimated Weighted-Average Dumping Margins’’ section, below. AD Orders On June 5, 2024, in accordance with section 735(d) of the Act, the ITC notified Commerce of its final determinations that an industry in the 3 See ITC’s Letter, ‘‘Notification of ITC Final Determinations,’’ dated June 5, 2024 (ITC Notification Letter). 4 See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Brass Rod from the Republic of Korea: Allegation of Ministerial Error in the Final Determination,’’ dated concurrently with this notice. 5 See Memorandum, ‘‘Countervailing Duty Investigation of Brass Rod from the Republic of Korea: Analysis of Ministerial Error Allegations,’’ dated June 4, 2024. Commerce is not amending the CVD final determination. E:\FR\FM\13JNN1.SGM 13JNN1

Agencies

[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13039]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-856]


Certain Aluminum Foil From Brazil: Final 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) determines that 
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma 
(collectively, CBA) made sales of subject merchandise at prices below 
normal value (NV) during the period of review (POR) May 4, 2021, 
through October 31, 2022.

DATES: Applicable June 13, 2024.

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 December 12, 2023, Commerce published in the Federal Register 
its Preliminary Results.\1\ On March 18, 2024, we extended the deadline 
for these final results to June 7, 2024.\2\ On April 15, 2024, Commerce 
issued a post-preliminary cost of production (COP) analysis 
memorandum.\3\ For a complete

[[Page 50262]]

description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\ Commerce conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from Brazil: Preliminary Results 
of Antidumping Duty Administrative Review; 2021-2022, 88 FR 86108 
(December 12, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum; see also Memoranda, ``Post-
Preliminary Cost-of-Production Analysis,'' dated April 12, 2024 
(Post-Preliminary COP Analysis Memorandum) and ``Cost of Production 
and Constructed Value Calculation Adjustments for the Post-
Preliminary Results--Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation 
Memorandum).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated March 18, 
2024.
    \3\ See Memorandum, ``Post-Preliminary Cost-of-Production 
Analysis,'' dated April 12, 2024 (Post-Preliminary COP Analysis 
Memorandum); see also Memorandum, ``Cost of Production and 
Constructed Value Calculation Adjustments for the Post-Preliminary 
Results--Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation 
Memorandum).
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on 
Certain Aluminum Foil from Brazil; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

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) (Order).
---------------------------------------------------------------------------

    The product covered by this Order is certain aluminum foil from 
Brazil. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are discussed in 
the Issues and Decision Memorandum and are listed as an appendix to 
this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Following the Preliminary Results, we made certain changes to CBA's 
COP, as explained in the Post-Preliminary COP Analysis Memorandum.\6\ 
For a discussion of these changes, see the Post-Preliminary COP 
Analysis Memorandum. Beyond the changes discussed in the Post-
Preliminary COP Analysis Memorandum, we made no other changes since the 
Preliminary Results.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 88 FR at 86108; Post-Preliminary 
COP Analysis Memorandum; and Post-Preliminary COP Calculation 
Memorandum.
---------------------------------------------------------------------------

Final Results of Administrative Review

    For these final results, we determine that the following estimated 
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 \7\.        7.59
------------------------------------------------------------------------

Disclosure
---------------------------------------------------------------------------

    \7\ Upon its determination in the less-than-fair-value (LTFV) 
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), in the Preliminary Results of 
this administrative review, Commerce continued to find that 
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma are 
affiliated and should be treated as a single entity. See Preliminary 
Decision Memorandum at 1 n.1. Commerce received no comments 
regarding this preliminary determination. Accordingly, Commerce 
continues to find that Companhia Brasileira de Alum[iacute]nio and 
CBA Itapissuma are affiliated and should be treated as a single 
entity. Commerce has referred to the two companies collectively as 
CBA.
---------------------------------------------------------------------------

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these final results within five 
days of any public announcement or, if there is no public announcement, 
within five days of the date of publication of this notice in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. For CBA, we 
calculated ad valorem importer-specific assessment rates on the basis 
of the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of those sales in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent), the 
entries by that importer will be liquidated 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 of 13.93 percent, if there is no rate 
for the intermediate company(ies) involved in the transaction.\8\
---------------------------------------------------------------------------

    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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. 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).

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of certain 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 subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment 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 
has been covered in a prior completed segment of this proceeding, then 
the cash deposit rate will be the rate established in the completed 
segment 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, the all-others rate established in the 
less-than-fair-value investigation of this proceeding.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \9\ See Order, 86 FR at 62791.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final 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 Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in

[[Page 50263]]

accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the destruction or return 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

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 7, 2024.
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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Test Electricity Purchases According to 
the Major Inputs Provision
    Comment 2: Whether to Use CBA's Non-Smoothed Costs
    Comment 3: Whether to Modify Post-Preliminary Analysis to Test 
for Substantial Cost Differences Across Production Mills
    Comment 4: Whether to Exclude Priced Sample U.S. Sales
    Comment 5: Correction of Draft Customs Instructions
VI. Recommendation

[FR Doc. 2024-13039 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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