Notice2021-20540
Certain Aluminum Foil From the Russian Federation: 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 from the Russian Federation (Russia) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation 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 52878-52880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20540]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-828]
Certain Aluminum Foil From the Russian Federation: 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 from the Russian Federation (Russia) are
being, or are likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is July 1, 2019, through June
30, 2020.
DATES: Applicable September 23, 2021.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney, 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) 482-4475.
SUPPLEMENTARY INFORMATION:
Background
On May 4, 2021, Commerce published in the Federal Register the
preliminary affirmative determination in the LTFV investigation of
aluminum foil from Russia, and postponement of final determination
until September 16, 2021.\1\ We invited interested parties to comment
on the Preliminary Determination. We received no comments from
interested parties. Accordingly, the final determination is unchanged
from the Preliminary Determination.
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\1\ See Certain Aluminum Foil from Russia: 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) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
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Scope of the Investigation
The product covered by this investigation is aluminum foil from
Russia. For a complete description of the scope of this investigation,
see the appendix to this notice.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\2\ the
Initiation Notice \3\ set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\4\ 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.\5\ Interested parties were
provided an opportunity to comment on the Preliminary Scope Decision
Memorandum.\6\ 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 \7\ urging Commerce to
maintain the same scope language which was set forth in both the
Initiation Notice or Preliminary Determination.\8\ 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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\2\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\3\ 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).
\4\ See Initiation Notice.
\5\ 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).
\6\ Id.
\7\ The Aluminum Association Trade Enforcement Working Group and
its individual members, Granges America Inc., JW Aluminum Company
and Novelis Corporation constitute the petitioners.
\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.
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Verification
Rusal Marketing GmbH, Rusal Products GmbH, RTI Limited, JSC United
Company Trading House, JSC Rusal Sayanal, and JSC Ural Foil
(collectively, Rusal), the sole mandatory respondent in this
investigation, declined to participate and did not provide information
requested by Commerce. Therefore, Commerce reached the Preliminary
Determination entirely on the basis of facts available with the
application of adverse inferences (AFA). Accordingly, because the
Preliminary Determination was based entirely on AFA, Commerce conducted
no verification of Rusal pursuant to section 782(i) of the Tariff Act
of 1930, as amended (the Act).\9\
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\9\ See Preliminary Determination, 86 FR at 23685.
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[[Page 52879]]
All-Others Rate
Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide 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. Pursuant to section 735(c)(5)(B) of the Act, if
the estimated weighted-average dumping margins established for all
exporters and producers individually examined are zero, de minimis, or
determined based entirely on facts otherwise available, Commerce may
use any reasonable method to establish the estimated weighted-average
dumping margin for all other producers and exporters.
Commerce continues to determine the estimated weighted-average
dumping margin for Rusal based entirely on AFA, as stipulated in
section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act,
Commerce's normal practice under these circumstances has been to
calculate the all-others rate as a simple average of the alleged
dumping margins from the petition. There is a single dumping margin
alleged in the Petition (i.e., 62.18 percent); \10\ accordingly, we
have used that rate as the estimated weighted-average dumping margin
for all other producers and exporters.
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\10\ See Petitioners' Letter, ``Certain Aluminum Foil from
Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' Supplement
to Volume V Relating to a Request for the Imposition of Antidumping
Duties on Imports from Russia,'' dated October 6, 2020 at 4 and
Exhibit AD-RU-S1-3; see also Initiation Notice, 85 FR at 67714; see
also Memorandum, ``Certain Aluminum Foil from Russia Antidumping
Duty Investigation Initiation Checklist,'' dated October 19, 2020 at
8.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/JSC * 62.18
United Company Rusal--Trading House/JSC Rusal Sayanal/JSC
Ural Foil..................................................
All Others.................................................. * 62.18
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Disclosure
Normally, Commerce discloses its calculations and analysis
performed to interested parties within five days of any public
announcement or, if there is no public announcement, within five days
of the date of publication of the notice of final determination in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we applied AFA and performed no margin calculations, no
disclosure will be made in this final determination.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of certain aluminum foil
from Russia, as described in the appendix to this notice, which were
entered, or withdrawn from warehouse, for consumption on or after May
4, 2021, the date of publication of the Preliminary Determination in
the Federal Register. Pursuant to section 735(c)(1)(B)(ii) of the Act,
upon the publication of this notice, Commerce will instruct CBP to
require a cash deposit 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 the final determination in this
proceeding 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 of subject
merchandise from Russia no later than 45 days after our 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. If the ITC determines that such injury does exist,
Commerce will issue an AD 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.
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
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 the 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 violation
subject to sanction.
Notification to Interested Parties
This determination is 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
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,
[[Page 52880]]
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.
[FR Doc. 2021-20540 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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