[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52884-52886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20535]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-489-845]


Certain Aluminum Foil From the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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.

DATES: Applicable September 23, 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

    On March 5, 2021, Commerce published the Preliminary Determination 
in the Federal Register.\1\ In the Preliminary Determination, and in 
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.210(b)(4), Commerce aligned the final 
determination of this countervailing duty (CVD) investigation with the 
final determination in the companion antidumping duty (AD) 
investigation of aluminum foil from Turkey.
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    \1\ See Certain Aluminum Foil from the Republic of Turkey: 
Preliminary Affirmative Countervailing Duty Determination, and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 86 FR 12911 (March 5, 2021) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination may be found in the Issues and Decision 
Memorandum.\2\ The Issues and 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 Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Determination in the Countervailing Duty Investigation of 
Certain Aluminum Foil from the Republic of Turkey,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
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,\3\ the 
Initiation Notice \4\ set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of this investigation as it appeared in 
the Initiation Notice, and we addressed these comments in the 
Preliminary Scope Decision Memorandum.\6\ Interested parties were 
provided an opportunity to comment on the Preliminary Scope Decision 
Memorandum.\7\ We received no scope case briefs requesting changes to 
the scope of the investigation from interested parties in any of the AD 
or CVD investigations of aluminum foil from the Republic of Armenia, 
Brazil, the Sultanate of Oman, the Russian Federation, and Turkey. 
Additionally, we received a letter from the petitioners \8\ urging 
Commerce to maintain the same scope language which was set forth in 
both the Initiation Notice or Preliminary Determination.\9\ 
Accordingly,

[[Page 52885]]

Commerce is not modifying the scope language as it appeared in the 
Initiation Notice or Preliminary Determination. See Appendix I for the 
final scope of the investigation.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \4\ 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).
    \5\ Id., 85 FR at 68288.
    \6\ See Memorandum, ``Preliminary Scope Determination and 
Comment Period,'' dated September 3, 2021 (containing the 
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 April 27, 
2021 (Preliminary Scope Decision Memorandum)).
    \7\ Id.
    \8\ The Aluminum Association Trade Enforcement Working Group and 
its individual members, Granges America Inc., JW Aluminum Company 
and Novelis Corporation constitute the petitioners.
    \9\ See Petitioners' Letter, ``Petitioners' Final Scope 
Comments,'' dated September 8, 2021.
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon in making its final determination in this 
investigation. However, we took additional steps in lieu of on-site 
verification to verify the information relied upon in making this final 
determination, in accordance with section 782(i) of the Act.\10\
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    \10\ See Commerce's Letter, ``Countervailing Duty Investigation 
of Certain Aluminum Foil from the Republic of Turkey--Request for 
Documentation,'' dated March 15, 2021.
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Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs by parties in this investigation, are 
discussed in the Issues and Decision Memorandum. For a list of the 
issues raised by parties, and to which we responded in the Issues and 
Decision Memorandum, see Appendix II of this notice.

Methodology

    Commerce conducted this investigation in accordance with section 
701 of the Act. For each of the subsidy programs found countervailable, 
Commerce 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.\11\ For a full description 
of the methodology underlying our final determination, see the Issues 
and Decision Memorandum. Commerce notes that, in making these findings, 
it relied, in part, on facts otherwise 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.\12\ For further information, see the section 
entitled ``Use of Facts Otherwise Available and Application of Adverse 
Inferences'' in the Issues and Decision Memorandum.
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    \11\ 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.
    \12\ See sections 776(a) and (b) of the Act.
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Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from 
parties, we made certain changes to the subsidy rate calculations for 
Assan Aluminyum Sanayi ve Ticaret A.S. (Assan) and its cross-owned 
affiliates Ispak Esnek Ambalaj Sanayi A.S., Kibar Holding, and Kibar 
Dis Ticaret A.S. (Kibar Dis). For a discussion of these changes, see 
the Issues and Decision Memorandum.

All-Others Rate

    Section 705(c)(5)(A) of the Act provides that in the final 
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.
    In this investigation, we continue to calculate the all-others rate 
using the estimated weighted-average rate calculated for Assan and its 
cross-owned affiliates.\13\
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    \13\ Commerce also selected Kibar Dis as a mandatory company 
respondent in this investigation. However, Commerce has found Kibar 
Dis to be a cross-owned affiliate of Assan, and we are not 
calculating a separate subsidy rate for Kibar Dis.
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Final Determination

    Commerce determines that the following countervailable subsidy 
rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
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Assan Aluminyum Sanayi ve Ticaret A.S \14\..............            2.60
All Others..............................................            2.60
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Disclosure
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    \14\ Commerce has found Kibar Dis, 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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    Commerce intends to disclose to interested parties its calculations 
and analysis performed in this final determination within five days of 
its 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).

Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to 
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. 
Customs and Border Protection (CBP) to suspend liquidation of entries 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after March 5, 2021, the date of publication of the Preliminary 
Determination in the Federal Register. In accordance with section 
703(d) of the Act, effective July 3, 2021, we instructed CBP to 
discontinue the suspension of liquidation of all entries at that time, 
but to continue the suspension of liquidation of all entries from March 
5, 2021, through July 2, 2021.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order, reinstate 
the suspension of liquidation, and require a cash deposit of estimated 
countervailing duties for such entries of subject merchandise in the 
amounts indicated above, in accordance with section 706(a) of the Act. 
If the ITC determines that material injury, or threat of material 
injury, does not exist, this proceeding will be terminated, and all 
estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, Commerce will notify 
the ITC of its final affirmative determination that countervailable 
subsidies are being provided to producers and exporters of aluminum 
foil from Turkey. As Commerce's final determination is affirmative, in 
accordance with section 705(b) of the Act, the ITC will determine, 
within 45 days, whether the domestic industry in the United States is 
materially injured or threatened with material injury. In addition, we 
are making available to the ITC all non-privileged and non-proprietary 
information related to this investigation. We will allow the ITC access 
to all privileged and business proprietary information in our files, 
provided the ITC confirms that it will not disclose such information, 
either publicly or under an administrative protective order (APO), 
without the written consent of the Assistant Secretary for Enforcement 
and Compliance.

Notification Regarding APO

    In the event that the ITC issues a final negative injury 
determination, this notice will serve as the only reminder to parties 
subject to the APO of their responsibility concerning the destruction 
of proprietary information disclosed under APO in accordance with 19 
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an

[[Page 52886]]

APO is a violation which is subject to sanction.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
705(d) and 771(i) of the Act, and 19 CFR 351.210(c).

    Dated: September 16, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Subsidies Valuation Information
IV. Use of Facts Otherwise Available and Application of Adverse 
Inferences
V. Analysis of the Programs
VI. Discussion of the Issues
    Comment 1: Whether to Revise the Sales Denominators
    Comment 2: Whether to Use Total Sales as the Denominator for the 
Exemptions on Exchange Tax for Foreign Exchange Transactions
    Comment 3: How to Compute the Benefit Calculation for the 
Rediscount Loan Program and the Export-Oriented Working Capital 
Credit Program
    Comment 4: Whether to Apply Adverse Facts Available (AFA) to 
``Other'' Subsidy Programs
    Comment 5: Whether Certain Ministerial Errors Exist
    Comment 6: Whether the Value-Added-Tax (VAT) Exemption on the 
Acquisition of Operating Rights Provided a Measurable Benefit to 
Assan
VII. Recommendation

[FR Doc. 2021-20535 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P