[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62782-62784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24858]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-816, C-489-845]


Certain Aluminum Foil From the Sultanate of Oman and the Republic 
of Turkey: Countervailing Duty Orders

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC), 
Commerce is issuing the countervailing duty orders on certain aluminum 
foil (aluminum foil) from the Sultanate of Oman (Oman) and the Republic 
of Turkey (Turkey).

DATES: Applicable November 12, 2021.

FOR FURTHER INFORMATION CONTACT: John Conniff at (202) 482-1009 (Oman); 
and Whitley Herndon or Eliza Siordia at (202) 482-6274 or (202) 482-
3878, respectively (Turkey), AD/CVD Operations, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on September 23, 2021, Commerce published its 
affirmative final determinations that countervailable subsidies are 
being provided to producers and exporters of aluminum foil from Oman 
and Turkey.\1\ On November 5, 2021, the ITC notified Commerce of its 
affirmative final determinations that an industry in the United States 
is materially injured within the meaning of section 705(b)(1)(A)(i) of 
the Act, by reason of subsidized imports of aluminum foil from Oman and 
Turkey.\2\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the Sultanate of Oman: Final 
Affirmative Countervailing Duty Determination, 86 FR 52888 
(September 23, 2021); and Certain Aluminum Foil from the Republic of 
Turkey: Final Affirmative Countervailing Duty Determination, 86 FR 
52884 (September 23, 2021).
    \2\ See ITC Notification Letter, Investigation Nos Inv. No. 701-
TA-658-659 and 731-TA-1538-1542 (Final), dated November 5, 2021.
---------------------------------------------------------------------------

Scope of the Orders

    The products covered by these orders are aluminum foil from Oman 
and Turkey. For a complete description of the scope of these orders, 
see the appendix to this notice.

Countervailing Duty Orders

    On November 5, 2021, in accordance with sections 705(b)(1)(A)(i) 
and 705(d) of the Act, the ITC notified Commerce of its final 
determinations in these investigations, in which it found that an 
industry in the United States is materially injured by reason of 
subsidized imports of aluminum foil from Oman and Turkey.\3\ Therefore, 
in accordance with section 705(c)(2) of the Act, Commerce is issuing 
these countervailing duty orders. Because the ITC determined that 
imports of aluminum foil from Oman and Turkey are materially injuring a 
U.S. industry, unliquidated entries of such merchandise from Oman and 
Turkey, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of countervailing duties.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Therefore, in accordance with section 706(a) of the Act, Commerce 
will direct U.S. Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, countervailing duties for all relevant 
entries of aluminum foil from Oman and Turkey. With the exception of 
entries occurring after the expiration of the provisional measures 
period and before the publication of the ITC's final affirmative injury 
determinations, as further described below, countervailing duties will 
be assessed on unliquidated entries of aluminum foil from Oman and 
Turkey entered, or withdrawn from warehouse, for consumption on or 
after March 5, 2021, the date of publication of the Preliminary 
Determinations.\4\
---------------------------------------------------------------------------

    \4\ See Certain Aluminum Foil from the Sultanate of Oman: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 86 FR 12913 (March 5, 2021); and 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) (collectively, Preliminary Determinations).
---------------------------------------------------------------------------

Suspension of Liquidation and Cash Deposits

    In accordance with section 706 of the Act, Commerce will instruct 
CBP to reinstitute the suspension of liquidation of aluminum foil from 
Oman and Turkey, effective on the date of publication of the ITC's 
final affirmative injury determination in the Federal Register, and to 
assess, upon further instruction by Commerce, pursuant to section 
706(a)(1) of the Act, countervailing duties for each entry of the 
subject merchandise in an amount based on the net countervailable 
subsidy rates below. On or after the date of publication of the ITC's 
final injury

[[Page 62783]]

determination in the Federal Register, CBP must require, at the same 
time as importers would deposit estimated normal customs duties on this 
merchandise, a cash deposit equal to the rates listed in the table 
below. These instructions suspending liquidation will remain in effect 
until further notice. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
---------------------------------------------------------------------------

    \5\ Commerce has found Kibar Dis Ticaret A.S., Kibar Holding, 
and Ispak Esnek Ambalaj Sanayi A.S. to be cross-owned with Assan 
Aluminyum Sanayi ve Ticaret A.S.

------------------------------------------------------------------------
                                                                Subsidy
                      Producer/exporter                          rate
                                                               (percent)
------------------------------------------------------------------------
                                  Oman
------------------------------------------------------------------------
Oman Aluminium Rolling Company LLC..........................        1.93
All Others..................................................        1.93
------------------------------------------------------------------------
                                 Turkey
------------------------------------------------------------------------
Assan Aluminyum Sanayi ve Ticaret A.S \5\...................        2.60
All Others..................................................        2.60
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months. In the underlying investigations, Commerce 
published the Preliminary Determinations on March 5, 2021. Therefore, 
the four-month period beginning on the date of the publication of the 
Preliminary Determinations ended on July 2, 2021.
    In accordance with section 703(d) of the Act, we instructed CBP to 
terminate the suspension of liquidation and to liquidate, without 
regard to countervailing duties, unliquidated entries of aluminum foil 
from Oman and Turkey entered, or withdrawn from warehouse, for 
consumption after July 2, 2021, the final day on which the provisional 
measures were in effect, until and through the day preceding the date 
of publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Establishment of the Annual Inquiry Service Lists

    On September 20, 2021, Commerce published the final rule titled 
``Regulations to Improve Administration and Enforcement of Antidumping 
and Countervailing Duty Laws'' in the Federal Register.\6\ On September 
27, 2021, Commerce also published the notice titled ``Scope Ruling 
Application; Annual Inquiry Service List; and Informational Sessions'' 
in the Federal Register.\7\ The Final Rule and Procedural Guidance 
provide that Commerce will maintain an annual inquiry service list for 
each order or suspended investigation, and any interested party 
submitting a scope ruling application or request for circumvention 
inquiry shall serve a copy of the application or request on the persons 
on the annual inquiry service list for that order, as well as any 
companion order covering the same merchandise from the same country of 
origin.\8\
---------------------------------------------------------------------------

    \6\ See Regulations to Improve Administration and Enforcement of 
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 
2021) (Final Rule).
    \7\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \8\ Id.
---------------------------------------------------------------------------

    In accordance with the Procedural Guidance, for orders published in 
the Federal Register after November 4, 2021, Commerce will create an 
annual inquiry service list segment in Commerce's online e-filing and 
document management system, Antidumping and Countervailing Duty 
Electronic Service System (ACCESS), available at https://access.trade.gov, within five business days of publication of the 
notice of the order. Each annual inquiry service list will be saved in 
ACCESS, under each case number, and under a specific segment type 
called ``AISL-Annual Inquiry Service List.'' \9\
---------------------------------------------------------------------------

    \9\ This segment will be combined with the ACCESS Segment 
Specific Information (SSI) field which will display the month in 
which the notice of the order or suspended investigation was 
published in the Federal Register, also known as the anniversary 
month. For example, for an order under case number A-000-000 that 
was published in the Federal Register in January, the relevant 
segment and SSI combination will appear in ACCESS as ``AISL-January 
Anniversary.'' Note that there will be only one annual inquiry 
service list segment per case number, and the anniversary month will 
be pre-populated in ACCESS.
---------------------------------------------------------------------------

    Interested parties who wish to be added to the annual inquiry 
service list for an order must submit an entry of appearance to the 
annual inquiry service list segment for the order in ACCESS within 30 
days after the date of publication of the order. For ease of 
administration, Commerce requests that law firms with more than one 
attorney representing interested parties in an order designate a lead 
attorney to be included on the annual inquiry service list. Commerce 
will finalize the annual inquiry service list within five business days 
thereafter. As mentioned in the Procedural Guidance, the new annual 
inquiry service list will be in place until the following year, when 
the Opportunity Notice for the anniversary month of the order is 
published.
    Commerce may update an annual inquiry service list at any time as 
needed based on interested parties' amendments to their entries of 
appearance to remove or otherwise modify their list of members and 
representatives, or to update contact information. Any changes or 
announcements pertaining to these procedures will be posted to the 
ACCESS website at https://access.trade.gov.

Special Instructions for Petitioners and Foreign Governments

    In the Final Rule, Commerce stated that, ``after an initial request 
and placement on the annual inquiry service list, both petitioners and 
foreign governments will automatically be placed on the annual inquiry 
service list in the years that follow.'' \10\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this notice in order 
to appear in the first annual inquiry service list for those orders for 
which they qualify as an interested party. Pursuant to 19 CFR 
351.225(n)(3), the petitioners and foreign governments will not need to 
resubmit their entries of appearance each year to continue to be 
included on the annual inquiry service list. However, the petitioners 
and foreign governments are responsible for making amendments to their 
entries of appearance during the annual update to the annual inquiry 
service list in accordance with the procedures described above.
---------------------------------------------------------------------------

    \10\ See Final Rule, 86 FR at 52335.
---------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to aluminum foil from Oman and Turkey pursuant to section 706(a) of the 
Act. Interested parties can find a list of countervailing duty orders 
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).


[[Page 62784]]


    Dated: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by these orders 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 these orders 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 these orders 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 these 
proceedings 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 these orders is dispositive.

[FR Doc. 2021-24858 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P