[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67711-67717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23673]


-----------------------------------------------------------------------

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: 
Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable October 19, 2020.

FOR FURTHER INFORMATION CONTACT: Margaret Collins at (202) 482-6250 
(the Republic of Armenia (Armenia)); George McMahon at (202) 482-1167 
(Brazil); Benjamin Smith at (202) 482-2181 (the Sultanate of Oman 
(Oman)); Mike Heaney at (202) 482-4475 (the Russian Federation 
(Russia)); Christopher Williams at (202) 482-5166 (the Republic of 
Turkey (Turkey)); AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On September 29, 2020, the Department of Commerce (Commerce) 
received antidumping duty (AD)

[[Page 67712]]

petitions concerning imports of certain aluminum foil (aluminum foil) 
from Armenia, Brazil, Oman, Russia, and Turkey filed in proper form on 
behalf of the petitioners,\1\ domestic producers of aluminum foil.\2\ 
The Petitions were accompanied by countervailing duty (CVD) petitions 
concerning imports of aluminum foil from Oman and Turkey.\3\
---------------------------------------------------------------------------

    \1\ The Aluminum Association Trade Enforcement Working Group and 
its individual members, Gr[auml]nges Americas Inc., JW Aluminum 
Company, and Novelis Corporation (collectively, the petitioners). 
The petitioners indicated that Novelis Corporation acquired Aleris 
Corporation (including all of Aleris' aluminum foil-related 
operations), effective April 14, 2020. See Volume I of the Petitions 
at 1, footnote 1.
    \2\ See Petitioners' Letter, ``Certain Aluminum Foil from 
Armenia, Brazil, Oman, Russia, and Turkey--Petition for the 
Imposition of Antidumping and Countervailing Duties,'' dated 
September 29, 2020 (the Petitions).
    \3\ Id.
---------------------------------------------------------------------------

    On October 2, 2020, Commerce requested supplemental information 
pertaining to certain aspects of the Petitions in separate supplemental 
questionnaires.\4\ The petitioners filed responses to the supplemental 
questionnaires on October 6, 2020.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letters, ``Petition for the Imposition of 
Antidumping Duties on Imports of Certain Aluminum Foil from Armenia, 
Brazil, Oman, Russia, and Turkey: Supplemental Questions,'' dated 
October 2, 2020 (General Issues Supplemental); and Country-Specific 
Supplemental Questionnaires: Armenia Supplemental, Brazil 
Supplemental, Oman Supplemental, Russia Supplemental, and Turkey 
Supplemental, dated October 2, 2020.
    \5\ See Petitioners' Country-Specific Supplemental Responses, 
dated October 6, 2020; see also Petitioners' Letter, ``Certain 
Aluminum Foil from Armenia, Brazil, Oman, Russia, and Turkey--
Petitioners' Amendments to Volume I Relating to General Issues,'' 
dated October 6, 2020 (General Issues Supplement).
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of aluminum foil 
from Armenia, Brazil, Oman, Russia, and Turkey are being, or are likely 
to be, sold in the United States at less than fair value (LTFV) within 
the meaning of section 731 of the Act, and that imports of such 
products are materially injuring, or threatening material injury to, 
the aluminum foil industry in the United States. Consistent with 
section 732(b)(1) of the Act, the Petitions are accompanied by 
information reasonably available to the petitioners supporting their 
allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in sections 771(9)(C) and (E) of the Act.
    Commerce also finds that the petitioners demonstrated sufficient 
industry support for the initiation of the requested AD 
investigations.\6\
---------------------------------------------------------------------------

    \6\ See infra, section on ``Determination of Industry Support 
for the Petitions.''
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on September 29, 2020, pursuant to 
19 CFR 351.204(b)(1), the period of investigation (POI) for the Brazil, 
Oman, Russia, and Turkey AD investigations is July 1, 2019 through June 
30, 2020. Because Armenia is a non-market economy (NME) country, 
pursuant to 351.204(b)(1), the POI for the Armenia investigation is 
January 1, 2020 through June 30, 2020.

Scope of the Investigations

    The product covered by these investigations is aluminum foil from 
Armenia, Brazil, Oman, Russia, and Turkey. For a full description of 
the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On October 2 and 16, 2020, Commerce requested information from the 
petitioners regarding the proposed scope to ensure that the scope 
language in the Petitions is an accurate reflection of the products for 
which the domestic industry is seeking relief.\7\ On October 16, 2020, 
the petitioners revised the scope.\8\ The description of merchandise 
covered by these investigations, as described in the appendix to this 
notice, reflects these clarifications.
---------------------------------------------------------------------------

    \7\ See General Issues Supplemental at 3-4; see also Memorandum, 
``Phone Call with Counsel to the Petitioners,'' dated October 16, 
2020 (Scope Call Memorandum) at 1-2.
    \8\ See Scope Call Memorandum at 1-2.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\9\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information,\10\ all 
such factual information should be limited to public information. To 
facilitate preparation of its questionnaires, Commerce requests that 
all interested parties submit such comments by 5:00 p.m. Eastern Time 
(ET) on November 9, 2020, which is the next business day after 20 
calendar days from the signature date of this notice.\11\ Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on November 19, 2020, which is 10 calendar days from the 
initial comment deadline.
---------------------------------------------------------------------------

    \9\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \10\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \11\ The 20-day deadline falls on November 8, 2020, which is a 
Sunday. Therefore, in accordance with the Next Business Day Rule, 
the deadline moves to the next business day, November 9, 2020. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, as Amended,'' 70 FR 24533 (May 10, 2008) (Next Business 
Day Rule).
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during this period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party may contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of the concurrent AD and CVD 
investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\12\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \12\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of aluminum foil to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant costs of production 
accurately, as well as to develop appropriate product-comparison 
criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General

[[Page 67713]]

product characteristics; and (2) product comparison criteria. We note 
that it is not always appropriate to use all product characteristics as 
product comparison criteria. We base product comparison criteria on 
meaningful commercial differences among products. In other words, 
although there may be some physical product characteristics utilized by 
manufacturers to describe aluminum foil, it may be that only a select 
few product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on November 9, 
2020, which is the next business day after 20 calendar days from the 
signature date of this notice.\13\ Any rebuttal comments must be filed 
by 5:00 p.m. ET on November 19, 2020. All comments and submissions to 
Commerce must be filed electronically using ACCESS, as explained above, 
on the record of each of the AD investigations.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.303(b)(1). The 20-day deadline falls on 
November 8, 2020, which is a Sunday. Therefore, in accordance with 
the Next Business Day Rule, the deadline moves to the next business 
day, November 9, 2020. See id. Next Business Day Rule.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
Poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC must apply the same statutory definition regarding the domestic 
like product,\14\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\15\
---------------------------------------------------------------------------

    \14\ See section 771(10) of the Act.
    \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\16\ Based on our analysis of the information 
submitted on the record, we have determined that aluminum foil, as 
defined in the scope, constitutes a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\17\
---------------------------------------------------------------------------

    \16\ See Volume I of the Petitions at 12-13 and Exhibit GEN-9 
(containing Aluminum Foil from China, Inv. Nos. 701-TA-570 and 731-
TA-1346 (Final), USITC Pub. 4771 (April 2018) (ITC Aluminum Foil 
Final) at 10-16).
    \17\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see country-specific AD Initiation Checklists at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Aluminum Foil from Armenia, Brazil, 
Oman, Russia, and Turkey (Attachment II). These checklists are dated 
concurrently with this notice and on file electronically via ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
the 2019 production of the domestic like product by U.S. producers that 
support the Petitions.\18\ The petitioners estimated the production of 
the domestic like product for the remaining U.S. producers of aluminum 
foil based on the Aluminum Association's knowledge of the industry.\19\ 
We relied on data provided by the petitioners for purposes of measuring 
industry support.\20\
---------------------------------------------------------------------------

    \18\ See Volume I of the Petitions at 4-5 and Exhibit GEN-1; see 
also General Issues Supplement at 4-5.
    \19\ Id. at 4-5 and Exhibits GEN-1, GEN-2, and GEN-3; see also 
General Issues Supplement at 4-5.
    \20\ Id. at 4-5 and Exhibits GEN-1 and GEN-3.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the General 
Issues Supplement, and other information readily available to Commerce 
indicates that the petitioners have established industry support for 
the Petitions.\21\ First, the Petitions established support from 
domestic producers (or workers) accounting for more than 50 percent of 
the total production of the domestic like product and, as such, 
Commerce is not required to take further action in order to evaluate 
industry support (e.g., polling).\22\ Second, the domestic producers 
(or workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(i) of the Act because the domestic producers (or 
workers) who support the Petitions account for at least 25 percent of 
the total production of the domestic like product.\23\ Finally, the 
domestic producers (or workers) have met the statutory criteria for 
industry support under section 732(c)(4)(A)(ii) of the Act because the 
domestic producers (or workers) who support the Petitions account for 
more than 50 percent of the production of the domestic like product 
produced by that portion of the industry expressing support for, or 
opposition to,

[[Page 67714]]

the Petitions.\24\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\25\
---------------------------------------------------------------------------

    \21\ Id. at 2-5 and Exhibits GEN-1, GEN-2, and GEN-3; see also 
General Issues Supplement at 4-5.
    \22\ Id.; see also section 732(c)(4)(D) of the Act.
    \23\ See Volume I of the Petitions at 4-5 and Exhibits GEN-1, 
GEN-2, and GEN-3 see also General Issues Supplement at 4-5. For 
further discussion, see Attachment II of the country-specific AD 
Initiation Checklists.
    \24\ Id.
    \25\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioners allege that 
subject imports exceed the negligibility threshold provided for under 
section 771(24)(A) of the Act.\26\
---------------------------------------------------------------------------

    \26\ See Volume I of the Petitions at 14-15 and Exhibit GEN-10.
---------------------------------------------------------------------------

    The petitioners contend that the industry's injured condition is 
illustrated by a significant and increasing volume of subject imports; 
reduced market share; underselling and price depression or suppression; 
lost sales and revenues; declining domestic production, shipments, and 
capacity utilization; negative effects on domestic industry employment; 
and a decline in financial performance and profitability.\27\ We have 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\28\
---------------------------------------------------------------------------

    \27\ See Volume I of the Petitions at 18-32 and Exhibits GEN-7 
and GEN-10 through GEN-15.
    \28\ See country-specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, 
and Turkey (Attachment III).
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of aluminum foil from Armenia, Brazil, Oman, Russia, and 
Turkey. The sources of data for the deductions and adjustments relating 
to U.S. price and normal value (NV) are discussed in greater detail in 
the country-specific AD Initiation Checklists.

U.S. Price

    For Armenia, Brazil, Oman, Russia, and Turkey, the petitioners 
based export price (EP) or constructed export price (CEP), as 
applicable, on pricing information for sales of, or sales offers for, 
aluminum foil produced in and exported from each country. The 
petitioners made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price.\29\
---------------------------------------------------------------------------

    \29\ See country-specific AD Initiation Checklists.
---------------------------------------------------------------------------

Normal Value 30
---------------------------------------------------------------------------

    \30\ In accordance with section 773(b)(2) of the Act, for the 
Brazil, Oman, Russia, and Turkey investigations, Commerce will 
request information necessary to calculate the constructed value and 
cost of production (COP) to determine whether there are reasonable 
grounds to believe or suspect that sales of the foreign like product 
have been made at prices that represent less than the COP of the 
product.
---------------------------------------------------------------------------

    For Brazil, Oman, Russia, and Turkey, the petitioners based NV on 
home market price quotes obtained through market research for aluminum 
foil produced in and sold, or offered for sale, in each country within 
the applicable time period.\31\
---------------------------------------------------------------------------

    \31\ See country-specific AD Initiation Checklists.
---------------------------------------------------------------------------

    Commerce considers Armenia to be a non-market economy (NME) 
country.\32\ In accordance with section 771(18)(C)(i) of the Act, any 
determination that a foreign country is an NME country shall remain in 
effect until revoked by Commerce. Therefore, we continue to treat 
Armenia as an NME country for purposes of the initiation of this 
investigation. Accordingly, NV in Armenia is appropriately based on 
factors of production (FOPs) valued in a surrogate market economy 
country, in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------

    \32\ Armenia, formerly part of the Union of Soviet Socialist 
Republics (USSR), assumed the NME status of the USSR upon the 
dissolution of the USSR, and, at that time, Commerce explained that 
such status would remain in effect until revoked. See Preliminary 
Determinations of Sales at Not Less Than Fair Value: Uranium from 
Armenia, Azerbaijan, Belarus, Georgia, Moldova and Turkmenistan, 57 
FR 23380, 23383 (June 3, 1992). To date, Commerce has not revoked 
the NME status of Armenia.
---------------------------------------------------------------------------

    The petitioners claim that South Africa is an appropriate surrogate 
country for Armenia because South Africa is a market economy country 
that is at a level of economic development comparable to that of 
Armenia and is a significant producer of identical merchandise. The 
petitioners provided publicly available information from South Africa 
to value all FOPs. Based on the information provided by the 
petitioners, we determine that it is appropriate to use South Africa as 
a surrogate country for initiation purposes.
    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Armenian producers/exporters was not reasonably available, the 
petitioners used their own product-specific consumption rates as a 
surrogate to value Armenian manufacturers' FOPs.\33\ Additionally, the 
petitioners calculated factory overhead; selling, general and 
administrative expenses; and profit based on the experience of a South 
African producer of identical merchandise.\34\
---------------------------------------------------------------------------

    \33\ See Volume II of the Petitions at 3-4, Exhibit AD-AM-3.
    \34\ Id. at 4-5, Exhibit AD-AM-3.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of aluminum foil from Armenia, Brazil, Oman, 
Russia, and Turkey are being, or are likely to be, sold in the United 
States at LTFV. Based on comparisons of EP or CEP, as applicable, to NV 
in accordance with sections 772 and 773 of the Act, the estimated 
dumping margins for aluminum foil for each of the countries covered by 
this initiation are as follows: (1) Armenia--45.65 percent; (2) 
Brazil--63.05 percent; (3) Oman--57.74 percent; (4) Russia--62.18 
percent; and (5) Turkey--34.27 percent.\35\
---------------------------------------------------------------------------

    \35\ See country-specific Initiation Checklists for details of 
calculations.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating AD investigations to determine 
whether imports of aluminum foil from Armenia, Brazil, Oman, Russia, 
and Turkey are being, or are likely to be, sold in the United States at 
LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of this 
initiation.

Respondent Selection

Brazil, Russia, and Turkey

    In the Petitions, the petitioners named seven companies in Brazil, 
three companies in Russia, and ten companies in Turkey \36\ as 
producers/exporters of aluminum foil. Following standard practice in AD 
investigations involving

[[Page 67715]]

market economy countries, in the event Commerce determines that the 
number of exporters or producers in any individual case is large such 
that Commerce cannot individually examine each company based upon its 
resources, where appropriate, Commerce intends to select mandatory 
respondents in that case based on U.S. Customs and Border Protection 
(CBP) data for U.S. imports under the appropriate Harmonized Tariff 
Schedule of the United States numbers listed in the ``Scope of the 
Investigations,'' in the appendix.
---------------------------------------------------------------------------

    \36\ See Volume I of the Petition at 10 and Exhibit GEN-6.
---------------------------------------------------------------------------

    On October 15, 2020, Commerce released CBP data on imports of 
aluminum foil from Brazil, Russia, and Turkey under Administrative 
Protective Order (APO) to all parties with access to information 
protected by APO and indicated that interested parties wishing to 
comment on the CBP data must do so within three business days of the 
publication date of the notice of initiation of these 
investigations.\37\ Comments must be filed electronically using ACCESS. 
An electronically filed document must be received successfully in its 
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce 
will not accept rebuttal comments regarding the CBP data or respondent 
selection.
---------------------------------------------------------------------------

    \37\ See country-specific Memoranda, ``Antidumping Duty 
Investigation of Certain Aluminum Foil: Release of Customs Data from 
U.S. Customs and Border Protection,'' dated October 15, 2020.
---------------------------------------------------------------------------

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). Instructions for filing such 
applications may be found on Commerce's website at http://enforcement.trade.gov/apo.

Oman

    In the Petition, the petitioners named only one company as a 
producer/exporter of aluminum foil in Oman, Oman Aluminum Rolling 
Company.\38\ Furthermore, we placed CBP import data onto the record of 
this proceeding, which corroborates the identification of Oman Aluminum 
Rolling Company as the sole producer/exporter in the foreign 
market,\39\ and we currently know of no additional producers/exporters 
of subject merchandise from Oman. Accordingly, Commerce intends to 
examine all known producers/exporters in this investigation (i.e., the 
company cited above). As noted in the Oman CBP Import Data Release 
Memo, we invite interested parties to comment on this issue within 
three days of the publication of this notice in the Federal Register. 
Commerce will not accept rebuttal comments regarding the CBP data or 
this issue. Because we intend to examine all known producers, if no 
comments are received or if comments received further support the 
existence of this sole producer/exporter in Oman, we do not intend to 
conduct respondent selection and will proceed to issuing the initial 
antidumping questionnaire to the company identified. However, if 
comments are received which create a need for a respondent selection 
process, we intend to finalize our decisions regarding respondent 
selection within 20 days of publication of this notice.
---------------------------------------------------------------------------

    \38\ See Volume IV of the Petition at 2 and Exhibit GEN-6.
    \39\ See Memorandum, ``Release of Customs Data from U.S. Customs 
and Border Protection,'' dated October 15, 2020 (Oman CBP Import 
Data Release Memo).
---------------------------------------------------------------------------

Armenia

    In the Petition, the petitioners named only one company as a 
producer/exporter of aluminum foil in Armenia, Rusal Armenal.\40\ On 
October 15, 2020, Commerce released CBP data on imports of aluminum 
foil from Armenia under APO to all parties with access to information 
protected by APO. These data did not confirm the existence of only one 
producer/exporter of aluminum foil in Armenia.\41\ Commerce indicated 
that interested parties wishing to comment on the CBP data must do so 
within three business days of the publication date of the notice of 
initiation of these investigations. Comments must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety via ACCESS by 5:00 p.m. ET on the 
specified deadline. Commerce will not accept rebuttal comments 
regarding the CBP data or respondent selection.
---------------------------------------------------------------------------

    \40\ See Volume II of the Petition at 3 and Exhibit GEN-6.
    \41\ See Memorandum, ``Release of Customs Data from U.S. Customs 
and Border Protection,'' dated October 15, 2020 (Armenia CBP Import 
Data Release Memo).
---------------------------------------------------------------------------

    In accordance with our standard practice for respondent selection 
in AD investigations involving NME countries, Commerce selects 
respondents based on quantity and value (Q&V) questionnaires in cases 
where it has determined that the number of companies is large and it 
cannot individually examine each company based upon its resources. 
Therefore, considering the number of Armenian producers and exporters 
identified in the Petitions and the CBP import data, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce decides 
to limit the number of respondents individually examined pursuant to 
section 777A(c)(2) of the Act. Commerce has determined that it will 
issue a Q&V questionnaire to the potential respondent for which the 
petitioners have provided a complete address.
    In addition, Commerce will post the Q&V questionnaire along with 
filing instructions on Enforcement and Compliance's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of 
aluminum foil from Armenia that do not receive Q&V questionnaires may 
still submit a response to the Q&V questionnaire and can obtain a copy 
of the Q&V questionnaire from Enforcement and Compliance's website. In 
accordance with the standard practice for respondent selection in AD 
cases involving NME countries, in the event Commerce decides to limit 
the number of respondents individually investigated, Commerce intends 
to base respondent selection on the responses to the Q&V questionnaire 
that it receives.
    Responses to the Q&V questionnaire must be submitted by the 
relevant Armenian producers/exporters no later than 5:00 p.m. ET on 
November 2, 2020. All Q&V questionnaire responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above. Commerce intends to finalize its 
decisions regarding respondent selection within 20 days of publication 
of this notice.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\42\ 
The specific requirements for submitting a separate- rate application 
in an Armenia investigation are outlined in detail in the application 
itself, which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\43\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of Commerce's AD questionnaire as

[[Page 67716]]

mandatory respondents. Commerce requires that companies from Armenia 
submit a response both to the Q&V questionnaire and to the separate-
rate application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V questionnaire response will not receive separate rate 
consideration.
---------------------------------------------------------------------------

    \42\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving NME Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1).
    \43\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\44\
---------------------------------------------------------------------------

    \44\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of Armenia, Brazil, Oman, Russia, and 
Turkey via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the AD Petitions to each 
exporter named in the AD Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of aluminum foil from Armenia, Brazil, Oman, 
Russia, and Turkey are materially injuring, or threatening material 
injury to, a U.S. industry.\45\ A negative ITC determination for any 
country will result in the investigation being terminated with respect 
to that country.\46\ Otherwise, these AD investigations will proceed 
according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \45\ See section 733(a) of the Act.
    \46\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \47\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\48\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \47\ See 19 CFR 351.301(b).
    \48\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation for purposes of CV, stating that ``if a particular 
market situation exists such that the cost of materials and fabrication 
or other processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology.'' When an interested party submits a PMS 
allegation pursuant to section 773(e) of the Act, Commerce will respond 
to such a submission consistent with 19 CFR 351.301(c)(2)(v). If 
Commerce finds that a PMS exists under section 773(e) of the Act, then 
it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301. For submissions that are due 
from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10:00 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely-filed requests for the extension of time limits. Parties 
should review Extension of Time Limits; Final Rule, 78 FR 57790 
(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 
in these investigations.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\49\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\50\ Commerce intends to

[[Page 67717]]

reject factual submissions if the submitting party does not comply with 
the applicable certification requirements.
---------------------------------------------------------------------------

    \49\ See section 782(b) of the Act.
    \50\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to 
frequently asked questions regarding the Final Rule are available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\51\
---------------------------------------------------------------------------

    \51\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: October 19, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The merchandise covered by these investigations 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 investigations is aluminum foil 
that is backed with paper, paperboard, plastics, or similar backing 
materials on one side or both sides of the aluminum foil, as well as 
etched capacitor foil and aluminum foil that is cut to shape. Where 
the nominal and actual measurements vary, a product is within the 
scope if application of either the nominal or actual measurement 
would place it within the scope based on the definitions set forth 
above. The products under investigation are currently classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7607.11.3000, 7607.11.6090, 7607.11.9030, 7607.11.9060, 
7607.11.9090, and 7607.19.6000.
    Further, merchandise that falls within the scope of these 
proceedings 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 investigations is 
dispositive.

[FR Doc. 2020-23673 Filed 10-23-20; 8:45 am]
BILLING CODE 3510-DS-P