[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62790-62793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24859]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-831-804, A-351-856, A-523-815, A-821-828, A-489-844]


Certain Aluminum Foil From the Republic of Armenia, Brazil, the 
Sultanate of Oman, the Russian Federation, and the Republic of Turkey: 
Antidumping 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 antidumping duty orders on certain aluminum foil 
(aluminum foil) from the Republic of Armenia (Armenia), Brazil, the 
Sultanate of Oman (Oman), the Russian Federation (Russia), and the 
Republic of Turkey (Turkey).

DATES: Applicable November 12, 2021.

FOR FURTHER INFORMATION CONTACT: Margaret Collins at (202) 482-6250 
(Armenia); George McMahon at (202) 482-1167 (Brazil); Benjamin A. Smith 
at (202) 482-2181 (Oman); Mike Heaney at (202) 482-4475 (Russia); Bryan 
Hansen at (202) 482-3683 (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 sections 735(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), on September 23, 2021, Commerce published 
in the Federal Register its affirmative final determinations in the 
less-than-fair-value (LTFV) investigations of aluminum foil from 
Armenia, Brazil, Oman, Russia, and Turkey.\1\ On November 5, 2021, the 
ITC notified Commerce of its affirmative final determinations, pursuant 
to section 735(d) of the Act, that an industry in the United States is 
materially injured, within the meaning of section 735(b)(1)(A)(i) of 
the Act, by reason of the LTFV imports of aluminum foil from Armenia, 
Brazil, Oman, Russia, and Turkey.\2\
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    \1\ See Certain Aluminum Foil from the Republic of Armenia: 
Final Affirmative Determination of Sales at Less Than Fair Value, 86 
FR 52882 (September 23, 2021); see also Certain Aluminum Foil from 
Brazil: Final Affirmative Determination of Sales at Less Than Fair 
Value, 86 FR 52886 (September 23, 2021); Certain Aluminum Foil from 
the Sultanate of Oman: Final Affirmative Determination of Sales at 
Less Than Fair Value, 86 FR 52876 (September 23, 2021); Certain 
Aluminum Foil from the Russian Federation: Final Affirmative 
Determination of Sales at Less Than Fair Value, 86 FR 52878 
(September 23, 2021); and Certain Aluminum Foil from the Republic of 
Turkey: Final Affirmative Determination of Sales at Less Than Fair 
Value, 86 FR 52880 (September 23, 2021) (collectively, Final 
Determinations), and accompanying Issues and Decision Memoranda.
    \2\ See Aluminum Foil from Armenia, Brazil, Oman, Russia, and 
Turkey, USITC Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542 
(Final) (November 5, 2021).
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Scope of the Orders

    The product covered by these orders is aluminum foil from Armenia, 
Brazil, Oman, Russia, and Turkey. For a complete description of the 
scope of these orders, see the appendix to this notice.

Antidumping Duty Orders

    On November 5, 2021, in accordance with section 735(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 imports of aluminum foil from 
Armenia, Brazil, Oman, Russia, and Turkey.\3\ Therefore, in accordance 
with section 735(c)(2) of the Act, Commerce is issuing these 
antidumping duty orders. Because the ITC determined that imports of 
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey are 
materially injuring a U.S. industry, unliquidated entries of subject 
merchandise from Armenia, Brazil, Oman, Russia, and Turkey, entered 
into the United States or withdrawn from warehouse for consumption, are 
subject to the assessment of antidumping duties.
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    \3\ Id.
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    Therefore, in accordance with section 736(a)(1) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instructions by Commerce, antidumping duties equal 
to the amount by which the normal value of the foreign like product 
exceeds the export price (or constructed export price) of subject 
merchandise, for all relevant entries of aluminum foil from Armenia, 
Brazil, Oman, Russia, and Turkey. With the exception of entries 
occurring after the expiration of the provisional measures period and 
before publication of the ITC's final affirmative injury determinations 
in the Federal Register, as further described below, antidumping duties 
will be assessed on unliquidated entries of aluminum foil from Armenia, 
Brazil, Oman, and Russia, entered or withdrawn from warehouse for 
consumption, on or after May 4, 2021, the date of publication of the

[[Page 62791]]

Preliminary Determinations.\4\ Regarding Turkey, because Commerce made 
a preliminary negative determination of sales at LTFV,\5\ Commerce did 
not direct CBP to suspend liquidation or to require a cash deposit of 
estimated antidumping duties for entries of aluminum foil from Turkey 
on or after May 4, 2021. However, because Commerce made a final 
affirmative determination of sales at LTFV, Commerce directed CBP to 
begin suspension of liquidation of imports of aluminum foil from 
Turkey, entered or withdrawn from warehouse for consumption, on or 
after September 23, 2021, the date of publication of the Turkey Final 
Determination.\6\
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    \4\ See 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); see also Certain 
Aluminum Foil from Brazil: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value, Postponement of Final Determination, 
and Extension of Provisional Measures, 86 FR 23678 (May 4, 2021); 
Certain Aluminum Foil from the Sultanate of Oman: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 86 FR 23681 (May 4, 2021); and Certain Aluminum Foil from 
the Russian Federation: 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) 
(collectively, Preliminary Determinations).
    \5\ See Certain Aluminum Foil from the Republic of Turkey: 
Preliminary Negative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, 86 FR 23686 (May 4, 2021) 
(Turkey Preliminary Determination).
    \6\ See Certain Aluminum Foil from the Republic of Turkey: Final 
Affirmative Determination of Sales at Less Than Fair Value, 86 FR 
52880 (September 23, 2021) (Turkey Final Determination).
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Continuation of the Suspension of Liquidation

    In accordance with section 736 of the Act, Commerce intends to 
instruct CBP to continue to suspend liquidation of all relevant entries 
of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey. These 
instructions suspending liquidation will remain in effect until further 
notice. Commerce also intends to instruct CBP to require cash deposits 
equal to the estimated weighted-average dumping margins indicated in 
the tables below. Accordingly, effective on the date of publication in 
the Federal Register of the notice of the ITC's final affirmative 
injury determinations, CBP will require, at the same time that 
importers would normally deposit estimated duties on the merchandise, a 
cash deposit equal to the rates listed below. The relevant all-others 
rates apply to all producers or exporters not specifically listed.

Provisional Measures

    Section 733(d) of the Act states that the instructions issued under 
section 733(d)(1) and (2) of the Act pursuant to an affirmative 
preliminary determination, may not remain in effect for more than four 
months, except that Commerce may extend the four-month period to no 
more than six months at the request of exporters representing a 
significant proportion of exports of the subject merchandise. At the 
request of exporters that account for a significant proportion of 
aluminum foil Armenia, Brazil, Oman, and Russia, Commerce extended the 
four-month period in each of these investigations. Commerce published 
the Preliminary Determinations in these investigations in the Federal 
Register on May 4, 2021.\7\
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    \7\ See Preliminary Determinations. Provisional measures were 
not in effect for entries of aluminum foil from Turkey because 
Commerce's preliminary determination was negative. See also Turkey 
Preliminary Determination.
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    The extended provisional measures period, beginning on the date of 
publication of the Preliminary Determinations, ended on October 30, 
2021. Therefore, in accordance with section 733(d) of the Act and its 
practice,\8\ Commerce will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of aluminum foil from Armenia, Brazil, Oman, and 
Russia, entered or withdrawn from warehouse for consumption, after 
October 30, 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 affirmative injury determinations in the Federal 
Register. Suspension of liquidation and the collection of cash deposits 
will resume on the date of publication of the ITC's final 
determinations in the Federal Register.
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    \8\ See, e.g., Certain Corrosion-Resistant Steel Products from 
India, Italy, the People's Republic of China, the Republic of Korea, 
and Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392 
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins

    The estimated weighted-average dumping margins are as follows:

                                 Armenia
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                                                       Weighted-average
          Producers                  Exporters          dumping margins
                                                           (percent)
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Rusal Armenal CJSC...........  Rusal Products GmbH..               29.11
Rusal Armenal CJSC...........  Rusal Marketing GmbH.               29.11
Armenia-Wide Entity..........  .....................               29.11
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                                 Brazil
------------------------------------------------------------------------
                                                       Weighted-average
                 Producers/exporters                    dumping margins
                                                           (percent)
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Arconic Ind. E Com de Metias LTDA *.................             * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA                        13.93
 Itapissuma.........................................
All Others..........................................               13.93
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[[Page 62792]]


                                  Oman
------------------------------------------------------------------------
                                                       Weighted-average
                 Producers/exporters                    dumping margins
                                                           (percent)
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Oman Aluminium Rolling Company LLC (OARC)...........                3.89
All Others..........................................                3.89
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                                 Russia
------------------------------------------------------------------------
                                                       Weighted-average
                 Producers/exporters                    dumping margins
                                                           (percent)
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Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/            * 62.18
 JSC United Company Rusal--Trading House/JSC Rusal
 Sayanal/JSC Ural Foil*.............................
All Others..........................................               62.18
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                                 Turkey
------------------------------------------------------------------------
                                                       Cash deposit rate
                                   Weighted-average      (adjusted for
       Producers/exporters          dumping margins    subsidy offsets)
                                       (percent)         (percent) \9\
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Assan Aluminyum Sanayi ve                       2.28                1.95
 Ticaret A.S.; Kibar Dis Ticaret
 A.S.; and Ispak Esnek Ambalaj
 Sanayi A.S.....................
All Others......................                2.28                1.95
------------------------------------------------------------------------
* Rate was assigned based on facts available with adverse inferences.

Establishment of the Annual Inquiry Service Lists
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    \9\ See Certain Aluminum Foil from the Republic of Turkey: Final 
Affirmative Countervailing Duty Determination, 86 FR 52884 
(September 23, 2021), and accompanying Issues and Decision 
Memorandum.
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    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.\10\ On 
September 27, 2021, Commerce also published the notice titled ``Scope 
Ruling Application; Annual Inquiry Service List; and Informational 
Sessions'' in the Federal Register.\11\ 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.\12\
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    \10\ See Regulations to Improve Administration and Enforcement 
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 
20, 2021) (Final Rule).
    \11\ See Scope Ruling Application; Annual Inquiry Service List; 
and Informational Sessions, 86 FR 53205 (September 27, 2021) 
(Procedural Guidance).
    \12\ Id.
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    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.'' \13\
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    \13\ 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.
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    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.'' \14\ Accordingly, as stated 
above, the petitioners and foreign governments should submit their 
initial entry of appearance after publication of this

[[Page 62793]]

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.
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    \14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties

    This notice constitutes the antidumping duty orders with respect to 
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey pursuant 
to section 736(a) of the Act. Interested parties can find a list of 
antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    These antidumping duty orders are published in accordance with 
section 736(a) of the Act and 19 CFR 351.211(b).

    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 covered by 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 orders 
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. 2021-24859 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P