[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13039]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-856]


Certain Aluminum Foil From Brazil: Final Results of Antidumping 
Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma 
(collectively, CBA) made sales of subject merchandise at prices below 
normal value (NV) during the period of review (POR) May 4, 2021, 
through October 31, 2022.

DATES: Applicable June 13, 2024.

FOR FURTHER INFORMATION CONTACT: George McMahon, 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) 482-1167.

SUPPLEMENTARY INFORMATION:

Background

    On December 12, 2023, Commerce published in the Federal Register 
its Preliminary Results.\1\ On March 18, 2024, we extended the deadline 
for these final results to June 7, 2024.\2\ On April 15, 2024, Commerce 
issued a post-preliminary cost of production (COP) analysis 
memorandum.\3\ For a complete

[[Page 50262]]

description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\4\ Commerce conducted this 
administrative review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Certain Aluminum Foil from Brazil: Preliminary Results 
of Antidumping Duty Administrative Review; 2021-2022, 88 FR 86108 
(December 12, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum; see also Memoranda, ``Post-
Preliminary Cost-of-Production Analysis,'' dated April 12, 2024 
(Post-Preliminary COP Analysis Memorandum) and ``Cost of Production 
and Constructed Value Calculation Adjustments for the Post-
Preliminary Results--Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation 
Memorandum).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated March 18, 
2024.
    \3\ See Memorandum, ``Post-Preliminary Cost-of-Production 
Analysis,'' dated April 12, 2024 (Post-Preliminary COP Analysis 
Memorandum); see also Memorandum, ``Cost of Production and 
Constructed Value Calculation Adjustments for the Post-Preliminary 
Results--Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation 
Memorandum).
    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Administrative Review of the Antidumping Duty Order on 
Certain Aluminum Foil from Brazil; 2021-2022,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Order 5
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    \5\ See Certain Aluminum Foil from the Republic of Armenia, 
Brazil, the Sultanate of Oman, the Russian Federation, and the 
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November 
12, 2021) (Order).
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    The product covered by this Order is certain aluminum foil from 
Brazil. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are discussed in 
the Issues and Decision Memorandum and are listed as an appendix to 
this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Following the Preliminary Results, we made certain changes to CBA's 
COP, as explained in the Post-Preliminary COP Analysis Memorandum.\6\ 
For a discussion of these changes, see the Post-Preliminary COP 
Analysis Memorandum. Beyond the changes discussed in the Post-
Preliminary COP Analysis Memorandum, we made no other changes since the 
Preliminary Results.
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    \6\ See Preliminary Results, 88 FR at 86108; Post-Preliminary 
COP Analysis Memorandum; and Post-Preliminary COP Calculation 
Memorandum.
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Final Results of Administrative Review

    For these final results, we determine that the following estimated 
weighted-average dumping margin exists for the period May 4, 2021, 
through October 31, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \7\.        7.59
------------------------------------------------------------------------

Disclosure
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    \7\ Upon its determination in the less-than-fair-value (LTFV) 
investigation that Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma are affiliated within the meaning of sections 771(33)(E) 
and (G) of the Act, and should be treated as a single entity in 
accordance with 19 CFR 351.401(f), in the Preliminary Results of 
this administrative review, Commerce continued to find that 
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma are 
affiliated and should be treated as a single entity. See Preliminary 
Decision Memorandum at 1 n.1. Commerce received no comments 
regarding this preliminary determination. Accordingly, Commerce 
continues to find that Companhia Brasileira de Alum[iacute]nio and 
CBA Itapissuma are affiliated and should be treated as a single 
entity. Commerce has referred to the two companies collectively as 
CBA.
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    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these final results within five 
days of any 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).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, Commerce shall 
determine and U.S. Customs and Border Protection (CBP) shall assess 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review. For CBA, we 
calculated ad valorem importer-specific assessment rates on the basis 
of the ratio of the total amount of dumping calculated for each 
importer's examined sales and the total entered value of those sales in 
accordance with 19 CFR 351.212(b)(1). Where an importer-specific 
assessment rate is de minimis (i.e., less than 0.5 percent), the 
entries by that importer will be liquidated without regard to 
antidumping duties. For entries of subject merchandise during the POR 
produced by CBA for which it did not know its merchandise was destined 
for the United States, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate of 13.93 percent, if there is no rate 
for the intermediate company(ies) involved in the transaction.\8\
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    \8\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements for estimated antidumping 
duties will be effective upon publication of this notice for all 
shipments of certain aluminum foil from Brazil entered, or withdrawn 
from warehouse, for consumption on or after the date of publication as 
provided by section 751(a)(2) of the Act: (1) the cash deposit rate for 
the companies subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by producers or 
exporters not covered in this review but covered in a prior completed 
segment of the proceeding, the cash deposit rate will continue to be 
the company-specific rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the original investigation, but the producer 
has been covered in a prior completed segment of this proceeding, then 
the cash deposit rate will be the rate established in the completed 
segment for the most recent period for the producer of the merchandise; 
(4) the cash deposit rate for all other producers or exporters will 
continue to be 13.93 percent, the all-others rate established in the 
less-than-fair-value investigation of this proceeding.\9\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ See Order, 86 FR at 62791.
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in

[[Page 50263]]

accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the destruction or return of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: June 7, 2024.
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

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether to Test Electricity Purchases According to 
the Major Inputs Provision
    Comment 2: Whether to Use CBA's Non-Smoothed Costs
    Comment 3: Whether to Modify Post-Preliminary Analysis to Test 
for Substantial Cost Differences Across Production Mills
    Comment 4: Whether to Exclude Priced Sample U.S. Sales
    Comment 5: Correction of Draft Customs Instructions
VI. Recommendation

[FR Doc. 2024-13039 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P