Certain Aluminum Foil From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 100976-100977 [2024-29320]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100976-100977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29320]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-523-815]


Certain Aluminum Foil From the Sultanate of Oman: Preliminary 
Results of Antidumping Duty Administrative Review; 2022-2023

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of certain aluminum foil (aluminum foil) from the 
Sultanate of Oman (Oman) were made at less than normal value (NV) 
during the period of review (POR) November 1, 2022, through October 31, 
2023. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4956.

SUPPLEMENTARY INFORMATION:

Background

    On November 12, 2021, Commerce published in the Federal Register 
the antidumping duty order on aluminum foil from Oman.\1\ On November 
2, 2023, Commerce published in the Federal Register a notice of 
opportunity to request an administrative review of the Order for the 
POR.\2\ On December 29, 2023, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review of the Order.\3\ Oman Aluminium Rolling Company SPC (OARC) is 
the only company subject to this review and thus is the sole mandatory 
respondent in this administrative review.\4\ On July 5, 2024, we 
extended the deadline for issuing the preliminary results, in 
accordance with section of 751(a)(3) of the Tariff Act of 1930 (the 
Act), and 19 CFR 351.213(h)(2).\5\ On July 22, 2024, Commerce tolled 
certain deadlines in this administrative proceeding by seven days.\6\ 
On November 27, 2024, Commerce further extended the deadline for 
issuing these preliminary results to December 6, 2024.\7\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\8\
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    \1\ 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).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 75270 (November 
2, 2023).
    \3\ See Initiation of Antidumping Duty and Countervailing Duty 
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation 
Notice).
    \4\ See Memorandum, ``Release of Customs and Border Protection 
Data,'' dated March 11, 2024.
    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 5, 
2024.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \7\ See Memorandum, ``Additional Extension of Deadline for 
Preliminary Results of Antidumping Duty Administrative Review,'' 
dated November 27, 2024.
    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Aluminum Foil from the Sultanate of Oman; 2022-2023,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise subject to the Order is aluminum foil from Oman. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of 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 our conclusions, see the Preliminary Decision Memorandum. A 
list of the topics discussed in the Preliminary Decision Memorandum is 
attached as an appendix to this notice. 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.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine the 
following estimated weighted-average dumping margin for the period of 
November 1, 2022, through October 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company SPC.........................        5.84
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in accordance with 19 
CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, limited to issues raised in case briefs, may 
be filed no later than five days after the date for filing case 
briefs.\9\ 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.\10\
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    \9\ 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) (APO and Service Final Rule).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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.\11\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\12\
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    \11\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \12\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a

[[Page 100977]]

hearing must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, filed electronically via 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.

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
If the weighted-average dumping margin is not zero or de minimis (i.e., 
less than 0.5 percent), then Commerce will calculate importer-specific 
ad valorem antidumping duty assessment rates based on the ratio of the 
total amount of dumping calculated for each importer's examined sales 
to the total entered value of those same sales in accordance with 19 
CFR 351.212(b)(1).\13\ If the respondent has not reported entered 
values, we will calculate a per-unit assessment rate for each importer 
by dividing the total amount of dumping calculated for the examined 
sales made to that importer by the total quantity associated with those 
sales. Where either the respondent's weighted-average dumping margin is 
zero or de minimis, or an importer-specific ad valorem assessment rate 
is zero or de minimis in the final results of the review, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties.
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    \13\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings; Final 
Modification, 77 FR 8101, 8102 (February 14, 2012) (Final 
Modification for Reviews).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by OARC for 
which the producer did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate those entries at the 
all-others rate (i.e., 3.89 percent) \14\ if there is no rate for the 
intermediate company (or companies) involved in the transaction.
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    \14\ See Order, 86 FR at 62792.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.
    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 deposit requirements will be effective upon 
publication in the Federal Register of final results of this 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(2)(C) of the Act: 
(1) the cash deposit rate for the company listed above will be equal to 
the weighted-average dumping margin established in the final results of 
this administrative review, except if the rate is less than 0.50 
percent and, therefore, de minimis within the meaning of 19 CFR 
351.106(c)(1), in which case the cash deposit rate will be zero; (2) 
for previously investigated or reviewed companies not covered in this 
review, the cash deposit rate will continue to be the company-specific 
cash deposit rate published for the most recently completed segment of 
this proceeding in which the company participated; (3) if the exporter 
is not a firm covered in this review, a prior review, or the less than 
fair value (LTFV) investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recent segment 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 3.89 
percent, the all-others rate established in the LTFV investigation.\15\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \15\ Id.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of our 
analysis of issues raised by the parties in the written comments, 
within 120 days of publication of these preliminary results in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 
CFR 351.213(h)(1).

Notification to Importers

    This notice also 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 and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: December 6, 2024.
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. 2024-29320 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P