Notice2021-20537
Certain Aluminum Foil From Brazil: Final Affirmative Determination of Sales at Less Than Fair Value
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that imports of certain aluminum foil (aluminum foil) from Brazil are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) July 1, 2019, through June 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 182 (Thursday, September 23, 2021)</title>
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[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52886-52888]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20537]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: 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 (aluminum foil) from Brazil are being, or are
likely to be, sold in the United States at less than fair value (LTFV)
for the period of investigation (POI) July 1, 2019, through June 30,
2020.
DATES: Applicable September 23, 2021.
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 May 4, 2021, Commerce published in the Federal Register the
preliminary affirmative determination, and postponement of the final
determination until September 16, 2021, in the LTFV investigation of
aluminum foil from Brazil.\1\ We invited interested parties to comment
on the Preliminary Determination. A summary of the events that occurred
since Commerce published the Preliminary Determination may be found in
the Issues and Decision Memorandum.\2\
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\1\ See 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), (Preliminary Determination),
and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Aluminum Foil from Brazil,'' 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
Brazil. 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\ However, we received no scope case briefs requesting
changes to the scope of the investigation from interested parties in
any of the antidumping duty 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.\8\
Additionally, we received a
[[Page 52887]]
letter from the petitioners urging Commerce to maintain the same scope
language which was set forth in both the Initiation Notice or
Preliminary Determination.\9\ Accordingly, Commerce is not modifying
the scope language as it appeared in the Preliminary Determination,\10\
which was unchanged from the Initiation Notice. 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).
\4\ 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).
\5\ Id.
\6\ 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).
\7\ Id.
\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 (Petitioners' Final Scope
Comments). On September 13, 2021, Commerce received a letter
requesting that Commerce reject Petitioners' Final Scope Comments,
to which Commerce rejected this request in its reply on September
15, 2021. See Matthew McConkey's Letter, ``Certain Aluminum Foil
from Armenia, Brazil, the Sultanate of Oman, the Russian Federation,
and the Republic of Turkey: Comments Regarding Solicitation of Final
Scope Comments,'' dated September 13, 2021; see also Commerce's
Letter, ``Antidumping Duty Investigations on Certain Aluminum Foil
from Armenia, Brazil, the Sultanate of Oman, Russia, and the
Republic of Turkey and Countervailing Duty Investigations of Certain
Aluminum Foil from the Sultanate of Oman and the Republic of Turkey:
Request to Reject Submission,'' dated September 15, 2021.
\9\ See Petitioners' Final Scope Comments.
\10\ Id.
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Analysis of Comments Received
All the issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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 an on-site
verification to verify the information relied upon in making this final
determination with respect to Companhia Brasileira de Alum[iacute]nio
\11\ and CBA Itapissuma (collectively, CBA), in accordance with section
782(i) of the Tariff Act of 1930, as amended (the Act).\12\
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\11\ Counsel for this respondent clarified that the correct
spelling of the company's name is Companhia Brasileira de
Alum[iacute]nio. See CBA's Letter, ``Aluminum Foil from Brazil: Case
Brief,'' dated July 9, 2021 at 1.
\12\ See Commerce's Letter, ``Remote Verification--Request for
Documentation,'' dated June 15, 2021; see also CBA's Letter,
``Aluminum Foil from Brazil: Response to the Questionnaire in Lieu
of On-Site Verification,'' dated June 24, 2021. Commerce did not
issue a similar request for documentation from the mandatory
respondent, Arconic Ind. E Com de Metias LTDA (Arconic), because
Arconic failed to timely respond to Commerce's questionnaires prior
to the Preliminary Determination. See Preliminary Determination.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings
related to our request for information in lieu of verification, we have
made certain changes to the margin calculations for CBA. In light of
these changes to the margin calculations and the resulting revised
estimated weighted-average dumping margin for CBA, we have also revised
the all-others rate. For a discussion of these changes, see the Issues
and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides 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.
Commerce calculated an individual estimated weighted-average
dumping margin for CBA and assigned a rate based entirely on facts
available to Arconic, the two respondents selected for individual
examination in this investigation. Because the only individually
calculated dumping margin not zero, de minimis, or based entirely on
facts otherwise available, is the estimated weighted-average dumping
margin calculated for CBA, we have assigned the margin calculated for
CBA to all other producers and exporters, pursuant to section
735(c)(5)(A) of the Act.
Final Determination
Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Arconic Ind. E Com de Metias LTDA........................... * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \13\. 13.93
All Others.................................................. 13.93
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* Adverse Facts Available (AFA).
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
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\13\ Commerce preliminarily determined that Companhia Brasileria
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).
See Preliminary Decision Memorandum. 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 continues to treat these companies
as a single entity.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend the liquidation of all appropriate entries of subject
merchandise, as described in Appendix I of this notice, entered, or
withdrawn from warehouse, for consumption on or after May 4, 2021, the
date of publication in the Federal Register of the affirmative
Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, we will instruct CBP to require a cash
deposit for such entries of merchandise equal to the estimated
weighted-average dumping margin or estimated all-others rate, 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 Commerce's final determination
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 or sales (or the likelihood of
sales) for importation of aluminum foil from
[[Page 52888]]
Brazil no later than 45 days after this 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 and
suspension of liquidation will be lifted. If the ITC determines that
such injury does exist, Commerce will issue an antidumping duty 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, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Notification Regarding Administrative Protective Orders
This notice will serve as a final reminder to the parties subject
to 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 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 sanctionable violation.
Notification to Interested Parties
This determination and this notice are 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 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. Changes Since the Preliminary Determination
IV. Discussion of the Issues
V. Recommendation
[FR Doc. 2021-20537 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on September 23, 2021.
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