Notice2021-20538
Certain Aluminum Foil From the Sultanate of Oman: 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 the Sultanate of Oman (Oman) are being, or are likely to be, sold at less than fair value (LTFV). The period of investigation (POI) is 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 52876-52878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20538]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-815]
Certain Aluminum Foil From the Sultanate of Oman: 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 the Sultanate of Oman
(Oman) are being, or are likely to be, sold at less than fair value
(LTFV). The period of investigation (POI) is July 1 2019, through June
30, 2020.
DATES: Applicable September 23, 2021.
FOR FURTHER INFORMATION CONTACT: Benjamin A. Smith, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2181.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2021, Commerce published the Preliminary Determination of
this LTFV investigation in the Federal Register, in which we also
postponed the final determination until September 16, 2021.\1\ This
investigation concerns one mandatory respondent, Oman Aluminium Rolling
Company LLC (OARC). We invited interested parties to comment on the
Preliminary Determination. A complete summary of the events that have
occurred since publication of the Preliminary Determination may be
found in the Issues and Decision Memorandum.\2\
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\1\ See 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) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Aluminum Foil from the Sultanate of Oman,'' 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 the
Sultanate of Oman. 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 the 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\ 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 \8\ 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
Initiation Notice or Preliminary Determination. See the appendix to
this notice 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\ The Aluminum Association Trade Enforcement Working Group and
its individual members, Granges America Inc., JW Aluminum Company
and Novelis Corporation constitute the petitioners.
\9\ 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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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted by this
notice. The issues are identified in Appendix II of 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
[[Page 52877]]
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 official
record when making our 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,
in accordance with section 782(i) of the Tariff Act of 1930, as amended
(the Act).\10\
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\10\ See Commerce's Letter, ``Questionnaire in Lieu of
Verification for Oman Aluminium Rolling Company LLC,'' dated June 4,
2021; see also OARC's Letter, ``Aluminum Foil from Oman: Response
Questionnaire in Lieu of Verification,'' dated June 11, 2021.
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Changes Since the Preliminary Determination
Based on our analysis of the comments received from parties, we
have made certain revisions to the margin calculation for OARC. For a
discussion of these changes, see the ``Changes from the Preliminary
Determination'' section of 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 OARC, the only individually-examined exporter/
producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for OARC is the margin assigned to all other
producers and exporters, pursuant to section 735(c)(5)(A) of the Act.
Final Determination
The final estimated weighted-average dumping margins are as
follows:
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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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Disclosure
Commerce intends to disclose to interested parties the calculations
performed for this final determination 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).
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 following: (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 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.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion CVD proceeding, when CVD
provisional measures are in effect. Accordingly, where we preliminarily
make an affirmative determination for countervailable export subsidies,
we offset the estimated weighted-average dumping margin by the
appropriate CVD rate. However, in the companion CVD final
determination, we did not countervail any export subsidies.\11\
Accordingly, we made no adjustment for export subsidy offsets to the
estimated weighted-average dumping margin.
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\11\ See unpublished Federal Register notice, ``Certain Aluminum
Foil from the Sultanate of Oman: Final Affirmative Countervailing
Duty Determination,'' dated concurrently with this notice.
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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 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 Order
This notice also serves as a reminder to 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/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).
[[Page 52878]]
Dated: September 16, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
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 Final Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of Comments
Comment 1: Whether Commerce Should Continue to Find that OARC is
Affiliated with Sohar Aluminium by Means of Common Control of Both
Entities by OQ
Comment 2: Whether the Price Used by Commerce for Sohar
Aluminium's Input Purchased from an Affiliated Party is an
Appropriate Market Price
Comment 3: Whether Commerce Made Clerical Errors when
Calculating Total Cost of Manufacturing and Currency Conversions of
Third Country Market Variables
V. Recommendation
[FR Doc. 2021-20538 Filed 9-22-21; 8:45 am]
BILLING CODE 3510-DS-P
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