[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Notices]
[Pages 28146-28147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10971]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 (Final)]


Aluminum Foil From Armenia, Brazil, Oman, Russia, and Turkey 
Scheduling of the Final Phase of Countervailing and Antidumping Duty 
Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping and countervailing duty investigation Nos. 
701-TA-658-659 and 731-TA-1538-1542 (Final) pursuant to the Tariff Act 
of 1930 (``the Act'') to determine whether an industry in the United 
States is materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports of aluminum foil from Armenia, Brazil, 
Oman, Russia, and Turkey, provided for in subheadings 7607.11.30, 
7607.11.60, 7607.11.90, and 7607.19.60 of the Harmonized Tariff 
Schedule of the United States, preliminarily determined by the 
Department of Commerce (``Commerce'') to be sold at less-than-fair-
value and imports of aluminum foil preliminarily determined to be 
subsidized by the governments of Oman and Turkey.

DATES: May 4, 2021.

FOR FURTHER INFORMATION CONTACT: Celia Feldpausch (202) 205-2387, 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on (202) 205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at (202) 205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for these 
investigations may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
    Scope.--For purposes of these investigations, Commerce has defined 
the subject merchandise as ``aluminum foil having a thickness of 0.2 mm 
or less, in reels exceeding 25 pounds, regardless of width. Aluminum 
foil subject to these investigations are 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.'' \1\
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    \1\ For a full description of the scope of these investigations, 
including product exclusions, see Appendix I of Certain Aluminum 
Foil from the Republic of Armenia: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Postponement of 
Final Determination and Extension of Provisional Measures, 86 FR 
23672, May 4, 2021.
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    Background.--The final phase of these investigations is being 
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative 
preliminary determinations by Commerce that certain benefits which 
constitute subsidies within the meaning of Sec.  703 of the Act (19 
U.S.C. 1671b) are being provided to manufacturers, producers, or 
exporters of aluminum foil in Oman and Turkey, and that such products 
from Armenia, Brazil, Oman, Russia, and Turkey are being sold in the 
United States at less than fair value within the meaning of Sec.  733 
of the Act (19 U.S.C. 1673b). The investigations were requested in 
petitions filed on September 29, 2020, by the Aluminum Association 
Trade Enforcement Working Group, Arlington, Virginia and its individual 
members--Gr[auml]nges Americas Inc., Franklin, Tennessee; JW Aluminum 
Company, Daniel Island, South Carolina; and Novelis Corporation, 
Atlanta, Georgia.
    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 
CFR part 207).
    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec.  201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Please note the Secretary's Office will accept only electronic 
filings during this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI gathered in the final phase of these investigations 
available to authorized applicants under the APO issued in the 
investigations, provided that the application is made no later than 21 
days prior to the hearing date specified in this notice. Authorized 
applicants must represent interested parties, as defined by 19 U.S.C. 
1677(9), who are parties to the investigations. A party granted access 
to BPI in the preliminary phase of the investigations need not reapply 
for such access. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on August 
27, 2021, and a public version will be issued

[[Page 28147]]

thereafter, pursuant to Sec.  207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on Tuesday, 
September 14, 2021. Information about the place and form of the 
hearing, including about how to participate in and/or view the hearing, 
will be posted on the Commission's website at https://www.usitc.gov/calendarpad/calendar.html. Interested parties should check the 
Commission's website periodically for updates. Requests to appear at 
the hearing should be filed in writing with the Secretary to the 
Commission on or before Tuesday, September 7, 2021. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on Thursday, September 9, 2021. Oral testimony and written 
materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 business days prior to the date of 
the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec.  207.23 of the Commission's rules; 
the deadline for filing is September 3, 2021. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec.  207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec.  207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
September 21, 2021. In addition, any person who has not entered an 
appearance as a party to the investigations may submit a written 
statement of information pertinent to the subject of the 
investigations, including statements of support or opposition to the 
petition, on or before September 21, 2021. On October 12, 2021, the 
Commission will make available to parties all information on which they 
have not had an opportunity to comment. Parties may submit final 
comments on this information on or before October 14, 2021, but such 
final comments must not contain new factual information and must 
otherwise comply with Sec.  207.30 of the Commission's rules. All 
written submissions must conform with the provisions of Sec.  201.8 of 
the Commission's rules; any submissions that contain BPI must also 
conform with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of 
the Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings.
    Additional written submissions to the Commission, including 
requests pursuant to Sec.  201.12 of the Commission's rules, shall not 
be accepted unless good cause is shown for accepting such submissions, 
or unless the submission is pursuant to a specific request by a 
Commissioner or Commission staff.
    In accordance with Sec. Sec.  201.16(c) and 207.3 of the 
Commission's rules, each document filed by a party to the 
investigations must be served on all other parties to the 
investigations (as identified by either the public or BPI service 
list), and a certificate of service must be timely filed. The Secretary 
will not accept a document for filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec.  207.21 of the Commission's rules.

    By order of the Commission.

    Issued: May 19, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-10971 Filed 5-24-21; 8:45 am]
BILLING CODE 7020-02-P