[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23683-23686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09322]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-828]


Certain Aluminum Foil From Russia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of Final 
Determination, and Extension of Provisional Measures

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain aluminum foil (aluminum foil) from Russia is being, or is 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation is July 1, 2019, through June 30, 2020. 
Interested parties are invited to comment on this preliminary 
determination.

[[Page 23684]]


DATES: Applicable May 4, 2021.

FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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) 482-4475.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). On September 
29, 2020, the Aluminum Association Trade Enforcement Working Group and 
its individual members \1\ (collectively, the petitioners) requested 
the imposition of antidumping and countervailing duties on aluminum 
foil from five countries.\2\ Commerce initiated this LTFV investigation 
on October 19, 2020.\3\ On February 17, 2021, Commerce postponed the 
preliminary determination of this investigation, and the revised 
deadline is now April 27, 2021.\4\
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    \1\ The individual members of the Aluminum Association Trade 
Enforcement Group include Granges Americas Inc, JW Aluminum Company 
and Novelis Corporation. The petitioners indicated that Novelis 
Corporation acquired Aleris Corporation (including all of Aleris' 
aluminum foil-related operations), effective April 14, 2020.
    \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 (Petition).
    \3\ See 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, 85 FR 67711 (October 26, 2020) (Initiation Notice).
    \4\ 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).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\5\ A list of topics included 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 https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Less-Than-Fair-Value Investigation of Certain 
Aluminum Foil from Russia,'' 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 
Russia. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\7\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this investigation, 
and accompanying discussion and analysis of all comments timely 
received, see the Preliminary Scope Decision Memorandum.\8\ As 
discussed in the Preliminary Scope Decision Memorandum, Commerce is 
preliminarily not modifying the scope language as it appeared in the 
Initiation Notice.
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See Initiation Notice.
    \8\ See Memorandum, ``Antidumping and Countervailing Duty 
Investigations of Certain Aluminum Foil from the Republic of 
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and 
the Republic of Turkey: Preliminary Scope Decision Memorandum,'' 
dated concurrently with this notice (Preliminary Scope Decision 
Memorandum).
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    The Preliminary Scope Decision Memorandum establishes the deadline 
to submit scope case briefs.\9\ There will be no further opportunity 
for comments on scope-related issues.
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    \9\ Case briefs, other written comments, and rebuttal briefs 
submitted by in response to this preliminary LTFV determination 
should not include scope-related issues. See Preliminary Scope 
Decision Memorandum, and ``Public Comment'' section of this notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, 
Commerce has preliminarily relied upon facts otherwise available with 
adverse inferences for Rusal Marketing GmbH, Rusal Products GmbH, RTI 
Limited, JSC United Company Rusal--Trading House, JSC Rusal Sayanal, 
and JSC Ural Foil (collectively, Rusal). For a full description of the 
methodology underlying the preliminary determination, see the 
Preliminary Decision Memorandum.

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination Commerce shall determine an estimated all-
others rate for all producers and exporters not individually examined. 
Pursuant to section 735(c)(5)(A) of the Act, this rate shall be an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters or producers individually 
investigated, excluding rates that are zero, de minimis, or determined 
entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) 
of the Act, if the estimated weighted-average dumping margins 
established for all exporters and producers individually examined are 
zero, de minimis, or determined based entirely on facts otherwise 
available, Commerce may use any reasonable method to establish the 
estimated weighted-average dumping margin for all other producers or 
exporters.
    Commerce has preliminarily determined the estimated weighted-
average dumping margin for Rusal entirely under section 776 of the Act. 
Pursuant to section 735(c)(5)(B) of the Act, Commerce's normal practice 
under these circumstances has been to calculate the all-others rate as 
a simple average of the dumping margins alleged in the Petition. 
However, because there is a single dumping margin alleged in the 
Petition (i.e., 62.18 percent),\10\ we used that rate as the estimated 
weighted-average dumping margin for all other producers and exporters.
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    \10\ See Petition; see also Initiation Notice at 85 FR 67714; 
see also Checklist, ``Certain Aluminum Foil from Russia Antidumping 
Duty Investigation Initiation Checklist,'' dated October 19, 2020 at 
8.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/JSC           62.18
 United Company Rusal--Trading House/JSC Rusal Sayanal/JSC
 Ural Foil..................................................
All Others..................................................       62.18
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to

[[Page 23685]]

suspend liquidation of entries of subject merchandise, as described in 
Appendix I, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register.
    Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 
351.205(d), Commerce will instruct CBP to require a cash deposit as 
follows: (1) The cash deposit rate for the companies listed above will 
be equal to the company-specific estimated weighted-average dumping 
margin determined in this preliminary determination; (2) if the 
exporter is not a respondent identified above, but the producer is, 
then the cash deposit rate will be equal to the company-specific 
estimated weighted-average dumping margin established for that producer 
of the subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Normally, Commerce discloses its calculations and analysis 
performed 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). However, because we applied AFA and did not perform any 
margin calculations, no disclosure will be made for this preliminary 
determination.

Verification

    Because Rusal did not provide all of the information requested by 
Commerce and affirmatively stated that it would limit its participation 
in this investigation, we will not conduct verification of Rusal as 
part of this investigation.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance, no 
later than 21 days after the date of publication of the preliminary 
determination.\11\ Rebuttal briefs, limited to issues raised in these 
case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\12\ The deadlines for submitting case 
and rebuttal briefs on scope issues are in the Preliminary Scope 
Decision Memorandum.\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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    \11\ See 19 CFR 351.309(c)(1)(i); and 19 CFR 351.303 (for 
general filing requirements). Commerce has exercised its discretion 
under 19 CFR 351.309(c)(1)(i) to alter the time limit for submission 
of case briefs.
    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements); see also Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19, 85 FR 17006 (March 26, 2020) 
(Temporary Rule); and Temporary Rule Modifying AD/CVD Service 
Requirements Due to COVID-19; Extension of Effective Period, 85 FR 
41363 (July 10, 2020).
    \13\ See Preliminary Scope Decision Memorandum.
    \14\ See Temporary Rule.
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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 time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of Commerce's regulations 
requires that a request by exporters for postponement of the final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    On March 23, 2021, pursuant to 19 CFR 351.210(e), Rusal requested 
that Commerce postpone the final determination and that provisional 
measures be extended to a period not to exceed six months.\15\ In 
accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) The preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, Commerce is postponing the final 
determination and extending the provisional measures from a four-month 
period to a period not greater than six months. Accordingly, Commerce 
will make its final determination no later than 135 days after the date 
of publication of this preliminary determination, pursuant to section 
735(a)(2) of the Act.
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    \15\ See Rusal Letter, ``Certain Aluminum Foil from Russia: 
Request Postponement of Final Determination and Provisional Measures 
Period,'' dated March 23, 2021.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
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 Russia are materially injuring, 
or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: April 27, 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.

[[Page 23686]]

    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 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. Period of Investigation
IV. Scope of Investigation
V. Scope Comments
VI. Affiliation and Collapsing as a Single Entity
VII. Application of Facts Available and Use of Adverse Inference
VIII. Recommendation

[FR Doc. 2021-09322 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P