[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23686-23688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09323]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-489-844]


Certain Aluminum Foil From the Republic of Turkey: Preliminary 
Negative Determination of Sales at Less Than Fair Value, Postponement 
of Final Determination

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 the Republic of Turkey 
(Turkey) is not being, or is not 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.

DATES: Applicable May 4, 2021.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683.

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.
    \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 Sheet 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,\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 parties 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. Commerce calculated constructed export prices 
in accordance with section 772(b) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-

[[Page 23687]]

average dumping margin exists in this investigation: \10\
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    \10\ Commerce preliminarily determines that Assan Aluminyum 
Sanayi ve Ticaret A.S. (Assan), Kibar Dis Ticaret A.S. (Kibar Dis), 
and Ispak Esnek Ambalaj Sanayi A.S. are a single entity 
(collectively, Assan Single Entity). See Preliminary Decision 
Memorandum; see also Memorandum ``Less-Than-Fair-Value Investigation 
of Certain Aluminum Foil from the Republic of Turkey: Collapsing and 
Single Entity Treatment,'' dated concurrently with this notice.

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret           0.00
 A.S.; and Ispak Esnek Ambalaj Sanayi A.S...................
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    Commerce preliminarily determines that the Assan Single Entity has 
not made sales of aluminum foil at LTFV. Further, because the Assan 
Single Entity, which includes the two companies which were selected for 
examination as mandatory respondents in this investigation, is the only 
party for which an estimated weighted-average dumping margin has been 
calculated for this preliminary determination, Commerce preliminarily 
determines that aluminum foil from Turkey has not been sold in the 
United States at LTFV during the POI, and Commerce is publishing this 
notice of a negative preliminary determination.
    Consistent with section 733(d) of the Act, Commerce has not 
calculated an estimated weighted-average dumping margin for all other 
producers and exporters because it has not made an affirmative 
preliminary determination of sales at LTFV.

Suspension of Liquidation

    Because Commerce has made a negative preliminary determination of 
sales at LTFV with regard to subject merchandise, Commerce will not 
direct U.S. Customs and Border Protection to suspend liquidation or to 
require a cash deposit of estimated antidumping duties for entries of 
aluminum foil from Turkey.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
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).

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 onsite 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

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. 
Interested parties will be notified of the timeline 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.\11\ 
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.\12\
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    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \12\ 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 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

    Section 735(a)(2)(B) 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 a 
negative preliminary determination, a request for such postponement is 
made by the petitioners. On April 15, 2021, pursuant to 19 CFR 
351.210(e), the petitioners \13\ requested that Commerce postpone the 
final determination in the event of a negative preliminary 
determination.\14\ In accordance with section 735(a)(2)(B) of the Act, 
because the preliminary determination is negative, and the petitioners 
have requested the postponement of the final determination, Commerce is 
postponing the final determination. Accordingly, Commerce will make its 
final determination by 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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    \13\ 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.
    \14\ See Petitioners' Letter, ``Certain Aluminum Foil from 
Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and 
the Republic of Turkey--Petitioners' Request for Postponement of 
Final Antidumping Determinations,'' dated April 15, 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 Commerce's 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 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

[[Page 23688]]

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 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. Respondent Selection
VII. Affiliation and Single Entity Treatment
VIII. Discussion of the Methodology
IX. Currency Conversion
X. Recommendation

[FR Doc. 2021-09323 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-DS-P