[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52878-52880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-828]


Certain Aluminum Foil From the Russian Federation: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain aluminum foil from the Russian Federation (Russia) are 
being, or are 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.

DATES: Applicable September 23, 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

    On May 4, 2021, Commerce published in the Federal Register the 
preliminary affirmative determination in the LTFV investigation of 
aluminum foil from Russia, and postponement of final determination 
until September 16, 2021.\1\ We invited interested parties to comment 
on the Preliminary Determination. We received no comments from 
interested parties. Accordingly, the final determination is unchanged 
from the Preliminary Determination.
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    \1\ See Certain Aluminum Foil from Russia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 23683 (May 4, 2021) (Preliminary Determination), and 
accompanying 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 the appendix to this notice.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\2\ the 
Initiation Notice \3\ set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, and we addressed these comments in the 
Preliminary Scope Decision Memorandum.\5\ Interested parties were 
provided an opportunity to comment on the Preliminary Scope Decision 
Memorandum.\6\ We received no scope briefs requesting changes to the 
scope of the antidumping or countervailing duty investigations of 
aluminum foil from the Republic of Armenia, Brazil, the Sultanate of 
Oman, the Russian Federation, and the Republic of Turkey. Additionally, 
we received a letter from the petitioners \7\ urging Commerce to 
maintain the same scope language which was set forth in both the 
Initiation Notice or Preliminary Determination.\8\ Accordingly, 
Commerce is not modifying the scope language as it appeared in the 
Initiation Notice or Preliminary Determination. See the appendix to 
this notice for the final scope of the investigation.
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    \2\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \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 Initiation Notice.
    \5\ 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 April 27, 2021 (Preliminary Scope Decision Memorandum).
    \6\ Id.
    \7\ The Aluminum Association Trade Enforcement Working Group and 
its individual members, Granges America Inc., JW Aluminum Company 
and Novelis Corporation constitute the petitioners.
    \8\ See Petitioners' Letter, ``Certain Aluminum Foil from the 
Republic of Armenia, Brazil, the Sultanate of Oman, the Russian 
Federation, and the Republic of Turkey--Petitioners' Final Scope 
Comments,'' dated September 8, 2021.
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Verification

    Rusal Marketing GmbH, Rusal Products GmbH, RTI Limited, JSC United 
Company Trading House, JSC Rusal Sayanal, and JSC Ural Foil 
(collectively, Rusal), the sole mandatory respondent in this 
investigation, declined to participate and did not provide information 
requested by Commerce. Therefore, Commerce reached the Preliminary 
Determination entirely on the basis of facts available with the 
application of adverse inferences (AFA). Accordingly, because the 
Preliminary Determination was based entirely on AFA, Commerce conducted 
no verification of Rusal pursuant to section 782(i) of the Tariff Act 
of 1930, as amended (the Act).\9\
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    \9\ See Preliminary Determination, 86 FR at 23685.

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[[Page 52879]]

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that 
the estimated weighted-average dumping margin for all other producers 
and exporters not individually investigated shall be equal to the 
weighted average of the estimated weighted-average dumping margins 
established for exporters and 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 and exporters.
    Commerce continues to determine the estimated weighted-average 
dumping margin for Rusal based entirely on AFA, as stipulated in 
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 alleged 
dumping margins from the petition. There is a single dumping margin 
alleged in the Petition (i.e., 62.18 percent); \10\ accordingly, we 
have used that rate as the estimated weighted-average dumping margin 
for all other producers and exporters.
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    \10\ See Petitioners' Letter, ``Certain Aluminum Foil from 
Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' Supplement 
to Volume V Relating to a Request for the Imposition of Antidumping 
Duties on Imports from Russia,'' dated October 6, 2020 at 4 and 
Exhibit AD-RU-S1-3; see also Initiation Notice, 85 FR at 67714; see 
also Memorandum, ``Certain Aluminum Foil from Russia Antidumping 
Duty Investigation Initiation Checklist,'' dated October 19, 2020 at 
8.
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Final Determination

    Commerce 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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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 the notice of final determination in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because we applied AFA and performed no margin calculations, no 
disclosure will be made in this final determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of certain aluminum foil 
from Russia, as described in the appendix to this notice, which were 
entered, or withdrawn from warehouse, for consumption on or after May 
4, 2021, the date of publication of the Preliminary Determination in 
the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act, 
upon the publication of this notice, Commerce will instruct CBP to 
require a cash deposit as follows: (1) The cash deposit rate for the 
respondents listed above will be equal to the company-specific 
estimated weighted-average dumping margins determined in this final 
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.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of subject 
merchandise from Russia no later than 45 days after our final 
determination. If the ITC determines that such injury does not exist, 
this proceeding will be terminated, and all cash deposits posted will 
be refunded. If the ITC determines that such injury does exist, 
Commerce will issue an AD order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a violation 
subject to sanction.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) 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

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,

[[Page 52880]]

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.

[FR Doc. 2021-20540 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P