Notice2021-24858
Certain Aluminum Foil From the Sultanate of Oman and the Republic of Turkey: Countervailing Duty Orders
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
November 12, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing the countervailing duty orders on certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman) and the Republic of Turkey (Turkey).
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62782-62784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24858]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-523-816, C-489-845]
Certain Aluminum Foil From the Sultanate of Oman and the Republic
of Turkey: Countervailing 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 the countervailing duty orders on certain aluminum
foil (aluminum foil) from the Sultanate of Oman (Oman) and the Republic
of Turkey (Turkey).
DATES: Applicable November 12, 2021.
FOR FURTHER INFORMATION CONTACT: John Conniff at (202) 482-1009 (Oman);
and Whitley Herndon or Eliza Siordia at (202) 482-6274 or (202) 482-
3878, respectively (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 section 705(d) of the Tariff Act of 1930, as
amended (the Act), on September 23, 2021, Commerce published its
affirmative final determinations that countervailable subsidies are
being provided to producers and exporters of aluminum foil from Oman
and Turkey.\1\ On November 5, 2021, the ITC notified Commerce of its
affirmative final determinations that an industry in the United States
is materially injured within the meaning of section 705(b)(1)(A)(i) of
the Act, by reason of subsidized imports of aluminum foil from Oman and
Turkey.\2\
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\1\ See Certain Aluminum Foil from the Sultanate of Oman: Final
Affirmative Countervailing Duty Determination, 86 FR 52888
(September 23, 2021); and Certain Aluminum Foil from the Republic of
Turkey: Final Affirmative Countervailing Duty Determination, 86 FR
52884 (September 23, 2021).
\2\ See ITC Notification Letter, Investigation Nos Inv. No. 701-
TA-658-659 and 731-TA-1538-1542 (Final), dated November 5, 2021.
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Scope of the Orders
The products covered by these orders are aluminum foil from Oman
and Turkey. For a complete description of the scope of these orders,
see the appendix to this notice.
Countervailing Duty Orders
On November 5, 2021, in accordance with sections 705(b)(1)(A)(i)
and 705(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
subsidized imports of aluminum foil from Oman and Turkey.\3\ Therefore,
in accordance with section 705(c)(2) of the Act, Commerce is issuing
these countervailing duty orders. Because the ITC determined that
imports of aluminum foil from Oman and Turkey are materially injuring a
U.S. industry, unliquidated entries of such merchandise from Oman and
Turkey, entered or withdrawn from warehouse for consumption, are
subject to the assessment of countervailing duties.
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\3\ Id.
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Therefore, in accordance with section 706(a) of the Act, Commerce
will direct U.S. Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, countervailing duties for all relevant
entries of aluminum foil from Oman and Turkey. With the exception of
entries occurring after the expiration of the provisional measures
period and before the publication of the ITC's final affirmative injury
determinations, as further described below, countervailing duties will
be assessed on unliquidated entries of aluminum foil from Oman and
Turkey entered, or withdrawn from warehouse, for consumption on or
after March 5, 2021, the date of publication of the Preliminary
Determinations.\4\
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\4\ See Certain Aluminum Foil from the Sultanate of Oman:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination with Final Antidumping Duty
Determination, 86 FR 12913 (March 5, 2021); and Certain Aluminum
Foil from the Republic of Turkey: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination, 86 FR 12911
(March 5, 2021) (collectively, Preliminary Determinations).
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Suspension of Liquidation and Cash Deposits
In accordance with section 706 of the Act, Commerce will instruct
CBP to reinstitute the suspension of liquidation of aluminum foil from
Oman and Turkey, effective on the date of publication of the ITC's
final affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates below. On or after the date of publication of the ITC's
final injury
[[Page 62783]]
determination in the Federal Register, CBP must require, at the same
time as importers would deposit estimated normal customs duties on this
merchandise, a cash deposit equal to the rates listed in the table
below. These instructions suspending liquidation will remain in effect
until further notice. The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
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\5\ Commerce has found Kibar Dis Ticaret A.S., Kibar Holding,
and Ispak Esnek Ambalaj Sanayi A.S. to be cross-owned with Assan
Aluminyum Sanayi ve Ticaret A.S.
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Subsidy
Producer/exporter rate
(percent)
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Oman
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Oman Aluminium Rolling Company LLC.......................... 1.93
All Others.................................................. 1.93
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Turkey
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Assan Aluminyum Sanayi ve Ticaret A.S \5\................... 2.60
All Others.................................................. 2.60
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Provisional Measures
Section 703(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months. In the underlying investigations, Commerce
published the Preliminary Determinations on March 5, 2021. Therefore,
the four-month period beginning on the date of the publication of the
Preliminary Determinations ended on July 2, 2021.
In accordance with section 703(d) of the Act, we instructed CBP to
terminate the suspension of liquidation and to liquidate, without
regard to countervailing duties, unliquidated entries of aluminum foil
from Oman and Turkey entered, or withdrawn from warehouse, for
consumption after July 2, 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 injury determination in the Federal
Register. Suspension of liquidation will resume on the date of
publication of the ITC's final determination in the Federal Register.
Establishment of the Annual Inquiry Service Lists
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.\6\ On September
27, 2021, Commerce also published the notice titled ``Scope Ruling
Application; Annual Inquiry Service List; and Informational Sessions''
in the Federal Register.\7\ 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.\8\
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\6\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20,
2021) (Final Rule).
\7\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\8\ 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 <a href="https://access.trade.gov">https://access.trade.gov</a>, 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.'' \9\
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\9\ 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 <a href="https://access.trade.gov">https://access.trade.gov</a>.
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.'' \10\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this 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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\10\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the countervailing duty orders with respect
to aluminum foil from Oman and Turkey pursuant to section 706(a) of the
Act. Interested parties can find a list of countervailing duty orders
currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
[[Page 62784]]
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 under 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
proceedings 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. 2021-24858 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 12, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.