[Federal Register Volume 86, Number 42 (Friday, March 5, 2021)]
[Notices]
[Pages 12911-12913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04565]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-845]


Certain Aluminum Foil From the Republic of Turkey: Preliminary 
Affirmative Countervailing Duty Determination, and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain aluminum foil (aluminum foil) from the Republic of 
Turkey (Turkey) during the period of investigation January 1, 2019, 
through December 31, 2019. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable March 5, 2021.

FOR FURTHER INFORMATION CONTACT: Whitley Herndon or Eliza Siordia, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-6274, or (202) 
482-3878, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 28, 
2020.\1\ On December 3, 2020, Commerce postponed the preliminary 
determination to February 26, 2021.\2\ For a complete description of 
the events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum.\3\ A list of topics discussed in the 
Preliminary Decision Memorandum is included as Appendix II 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 http://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/. The signed 
and electronic versions of the Preliminary Decision Memorandum are 
identical in content.
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    \1\ See Certain Aluminum Foil from the Sultanate of Oman and the 
Republic of Turkey: Initiation of Countervailing Duty 
Investigations, 85 FR 68287 (October 28, 2020) (Initiation Notice).
    \2\ See Certain Aluminum Foil from the Sultanate of Oman and the 
Republic of Turkey: Postponement of Preliminary Determinations in 
the Countervailing Duty Investigations, 85 FR 78121 (December 3, 
2020).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Affirmative Determination in the Countervailing Duty Investigation 
of Certain Aluminum Foil from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is aluminum foil from 
Turkey. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ We received several 
comments concerning the scope of the antidumping duty (AD) and 
countervailing duty (CVD) investigations of aluminum foil as it 
appeared in the Initiation Notice. We are currently evaluating the 
scope comments filed by the interested parties. We intend to issue our 
preliminary decision regarding the scope of the AD and CVD 
investigations in the preliminary determinations of the companion AD 
investigations, the deadline for which is April 27, 2021.\6\ We will 
incorporate the scope decisions from the AD investigations into the 
scope of the final CVD determination for this investigation after 
considering any relevant comments submitted in scope case and rebuttal 
briefs.\7\
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 85 FR at 68288.
    \6\ See Certain Aluminum Foil from the Republic of Armenia, 
Brazil, the Sultanate of Oman, the Russian Federation, and the 
Republic of Turkey: Postponement of Preliminary Determinations in 
the Less-Than-Fair-Value Investigations, 86 FR 9909 (February 17, 
2021).
    \7\ The deadline for interested parties to submit scope case and 
rebuttal briefs will be established in the preliminary scope 
decision memorandum.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\8\
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    \8\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because Commerce finds that the Government of 
Turkey did not act to the best of its ability to respond to Commerce's 
requests for information, Commerce drew an adverse inference where 
appropriate in selecting from among the facts otherwise available.\9\ 
For further information, see ``Use of Facts Otherwise Available and 
Application of Adverse Inferences'' in the Preliminary Decision 
Memorandum.
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    \9\ See sections 776(a) and (b) of the Act.
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Alignment

    As noted in the Preliminary Decision Memorandum, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is 
aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of aluminum foil 
from Turkey based on a request made by the petitioners.\10\ 
Consequently, the final CVD determination will be issued on the same 
date as the final AD determination, which is currently scheduled to be 
issued no later than July 12, 2021, unless postponed.
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    \10\ See Petitioners' Letter, ``Countervailing Duty 
Investigations of Certain Aluminum Foil from the Sultanate of Oman 
and the Republic of Turkey--Petitioners' Request to Align Final 
Countervailing Duty Determinations With The Companion Antidumping 
Duty Final Determinations,'' dated February 11, 2021. The 
petitioners are Aluminum Association Trade Enforcement Working Group 
and its individual members, Granges Americas Inc., JW Aluminum 
Company, and Novelis Corporation.
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or based entirely under section 776 of 
the Act.

[[Page 12912]]

    Commerce calculated an individual estimated countervailable subsidy 
rate for Assan Aluminyum Sanayi ve Ticaret A.S. (Assan), the only 
individually-examined exporter/producer in this investigation.\11\ 
Because the only individually calculated rate is not zero, de minimis, 
or based entirely on facts otherwise available, the estimated weighted-
average rate calculated for Assan is the rate assigned to all-other 
producers and exporters, pursuant to section 705(c)(5)(A)(i) of the 
Act.
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    \11\ Commerce also selected Kibar Dis Ticaret A.S. (Kibar Dis) 
as a mandatory company respondent in this investigation. Based on 
Kibar Dis' questionnaire response, we preliminarily find that it is 
a cross-owned affiliate of Assan. Therefore, we are not calculating 
a separate subsidy rate for Kibar Dis. See Preliminary Decision 
Memorandum.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce has preliminarily found Kibar Dis Ticaret A.S., Kibar 
Holding, and Ispak Esnek Ambalaj Sanayi A.S. to be cross-owned, 
pursuant to 19 CFR 351.525(b)(6)(vi), with Assan Aluminyum Sanayi ve 
Ticaret A.S.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                               Subsidy
                                                               rate (ad
                          Company                              valorem)
                                                              (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.\12\.................         2.79
All Others.................................................         2.79
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Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice in 
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce 
will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

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

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination. 
Normally, Commerce verifies information using standard procedures, 
including an on-site examination of original accounting, financial, and 
sales documentation. However, due to current travel restrictions in 
response to the global COVID-19 pandemic, Commerce is unable to conduct 
on-site verification in this investigation. Accordingly, we intend to 
verify the information relied upon in making the final determination 
through alternative means in lieu of an on-site verification.
    Public Comment
    All interested parties will have the opportunity to submit case and 
rebuttal briefs on the preliminary scope determination. The deadline to 
submit these comments will be established in the preliminary scope 
decision memorandum. Scope rebuttal briefs (which are limited to issues 
raised in the scope briefs) may be submitted no later than seven days 
after the deadline for the scope briefs. These deadlines apply to the 
AD and CVD aluminum foil investigations, regardless of the deadlines of 
the preliminary determinations in the AD investigations. For all scope 
briefs and rebuttals thereto, parties must file identical documents 
simultaneously on the records of all the ongoing AD and CVD aluminum 
foil investigations. No new factual information or business proprietary 
information may be included in either scope briefs or rebuttal scope 
briefs.
    Case briefs or other written comments on non-scope matters may be 
submitted to the Assistant Secretary for Enforcement and Compliance. 
Interested parties will be notified of the deadline for the submission 
of such case briefs and written comments at a later date. Rebuttal 
briefs, limited to issues raised in case briefs, may be submitted no 
later than seven days after the deadline date for case briefs.\13\ 
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case 
briefs or rebuttal briefs in this investigation are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information until further notice.\14\
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    \13\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \14\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If the 
final determination is affirmative, then the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after the final determination whether imports of aluminum 
foil from Turkey are materially injuring, or threaten material injury 
to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).

    Dated: February 26, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation 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 this investigation 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

[[Page 12913]]

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 this 
proceeding 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 this investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Benchmarks and Interest Rates
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Analysis of Programs
IX. Recommendation

[FR Doc. 2021-04565 Filed 3-4-21; 8:45 am]
BILLING CODE 3510-DS-P