Notice2021-24859
Certain Aluminum Foil From the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Antidumping 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 antidumping duty orders on certain aluminum foil (aluminum foil) from the Republic of Armenia (Armenia), Brazil, the Sultanate of Oman (Oman), the Russian Federation (Russia), 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 62790-62793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24859]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-831-804, A-351-856, A-523-815, A-821-828, A-489-844]
Certain Aluminum Foil From the Republic of Armenia, Brazil, the
Sultanate of Oman, the Russian Federation, and the Republic of Turkey:
Antidumping 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 antidumping duty orders on certain aluminum foil
(aluminum foil) from the Republic of Armenia (Armenia), Brazil, the
Sultanate of Oman (Oman), the Russian Federation (Russia), and the
Republic of Turkey (Turkey).
DATES: Applicable November 12, 2021.
FOR FURTHER INFORMATION CONTACT: Margaret Collins at (202) 482-6250
(Armenia); George McMahon at (202) 482-1167 (Brazil); Benjamin A. Smith
at (202) 482-2181 (Oman); Mike Heaney at (202) 482-4475 (Russia); Bryan
Hansen at (202) 482-3683 (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 sections 735(d) and 777(i) of the Tariff Act of
1930, as amended (the Act), on September 23, 2021, Commerce published
in the Federal Register its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of aluminum foil from
Armenia, Brazil, Oman, Russia, and Turkey.\1\ On November 5, 2021, the
ITC notified Commerce of its affirmative final determinations, pursuant
to section 735(d) of the Act, that an industry in the United States is
materially injured, within the meaning of section 735(b)(1)(A)(i) of
the Act, by reason of the LTFV imports of aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey.\2\
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\1\ See Certain Aluminum Foil from the Republic of Armenia:
Final Affirmative Determination of Sales at Less Than Fair Value, 86
FR 52882 (September 23, 2021); see also Certain Aluminum Foil from
Brazil: Final Affirmative Determination of Sales at Less Than Fair
Value, 86 FR 52886 (September 23, 2021); Certain Aluminum Foil from
the Sultanate of Oman: Final Affirmative Determination of Sales at
Less Than Fair Value, 86 FR 52876 (September 23, 2021); Certain
Aluminum Foil from the Russian Federation: Final Affirmative
Determination of Sales at Less Than Fair Value, 86 FR 52878
(September 23, 2021); and Certain Aluminum Foil from the Republic of
Turkey: Final Affirmative Determination of Sales at Less Than Fair
Value, 86 FR 52880 (September 23, 2021) (collectively, Final
Determinations), and accompanying Issues and Decision Memoranda.
\2\ See Aluminum Foil from Armenia, Brazil, Oman, Russia, and
Turkey, USITC Investigation Nos. 701-TA-658-659 and 731-TA-1538-1542
(Final) (November 5, 2021).
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Scope of the Orders
The product covered by these orders is aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey. For a complete description of the
scope of these orders, see the appendix to this notice.
Antidumping Duty Orders
On November 5, 2021, in accordance with section 735(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 imports of aluminum foil from
Armenia, Brazil, Oman, Russia, and Turkey.\3\ Therefore, in accordance
with section 735(c)(2) of the Act, Commerce is issuing these
antidumping duty orders. Because the ITC determined that imports of
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey are
materially injuring a U.S. industry, unliquidated entries of subject
merchandise from Armenia, Brazil, Oman, Russia, and Turkey, entered
into the United States or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
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\3\ Id.
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Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instructions by Commerce, antidumping duties equal
to the amount by which the normal value of the foreign like product
exceeds the export price (or constructed export price) of subject
merchandise, for all relevant entries of aluminum foil from Armenia,
Brazil, Oman, Russia, and Turkey. With the exception of entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury determinations
in the Federal Register, as further described below, antidumping duties
will be assessed on unliquidated entries of aluminum foil from Armenia,
Brazil, Oman, and Russia, entered or withdrawn from warehouse for
consumption, on or after May 4, 2021, the date of publication of the
[[Page 62791]]
Preliminary Determinations.\4\ Regarding Turkey, because Commerce made
a preliminary negative determination of sales at LTFV,\5\ Commerce did
not direct CBP to suspend liquidation or to require a cash deposit of
estimated antidumping duties for entries of aluminum foil from Turkey
on or after May 4, 2021. However, because Commerce made a final
affirmative determination of sales at LTFV, Commerce directed CBP to
begin suspension of liquidation of imports of aluminum foil from
Turkey, entered or withdrawn from warehouse for consumption, on or
after September 23, 2021, the date of publication of the Turkey Final
Determination.\6\
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\4\ See Certain Aluminum Foil from the Republic of Armenia:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 86 FR 23672 (May 4, 2021); see also 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);
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); and Certain Aluminum Foil from
the Russian Federation: 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)
(collectively, Preliminary Determinations).
\5\ See Certain Aluminum Foil from the Republic of Turkey:
Preliminary Negative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, 86 FR 23686 (May 4, 2021)
(Turkey Preliminary Determination).
\6\ See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Determination of Sales at Less Than Fair Value, 86 FR
52880 (September 23, 2021) (Turkey Final Determination).
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Continuation of the Suspension of Liquidation
In accordance with section 736 of the Act, Commerce intends to
instruct CBP to continue to suspend liquidation of all relevant entries
of aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey. These
instructions suspending liquidation will remain in effect until further
notice. Commerce also intends to instruct CBP to require cash deposits
equal to the estimated weighted-average dumping margins indicated in
the tables below. Accordingly, effective on the date of publication in
the Federal Register of the notice of the ITC's final affirmative
injury determinations, CBP will require, at the same time that
importers would normally deposit estimated duties on the merchandise, a
cash deposit equal to the rates listed below. The relevant all-others
rates apply to all producers or exporters not specifically listed.
Provisional Measures
Section 733(d) of the Act states that the instructions issued under
section 733(d)(1) and (2) of the Act pursuant to an affirmative
preliminary determination, may not remain in effect for more than four
months, except that Commerce may extend the four-month period to no
more than six months at the request of exporters representing a
significant proportion of exports of the subject merchandise. At the
request of exporters that account for a significant proportion of
aluminum foil Armenia, Brazil, Oman, and Russia, Commerce extended the
four-month period in each of these investigations. Commerce published
the Preliminary Determinations in these investigations in the Federal
Register on May 4, 2021.\7\
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\7\ See Preliminary Determinations. Provisional measures were
not in effect for entries of aluminum foil from Turkey because
Commerce's preliminary determination was negative. See also Turkey
Preliminary Determination.
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The extended provisional measures period, beginning on the date of
publication of the Preliminary Determinations, ended on October 30,
2021. Therefore, in accordance with section 733(d) of the Act and its
practice,\8\ Commerce will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of aluminum foil from Armenia, Brazil, Oman, and
Russia, entered or withdrawn from warehouse for consumption, after
October 30, 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 affirmative injury determinations in the Federal
Register. Suspension of liquidation and the collection of cash deposits
will resume on the date of publication of the ITC's final
determinations in the Federal Register.
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\8\ See, e.g., Certain Corrosion-Resistant Steel Products from
India, Italy, the People's Republic of China, the Republic of Korea,
and Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390, 48392
(July 25, 2016).
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Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins are as follows:
Armenia
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Weighted-average
Producers Exporters dumping margins
(percent)
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Rusal Armenal CJSC........... Rusal Products GmbH.. 29.11
Rusal Armenal CJSC........... Rusal Marketing GmbH. 29.11
Armenia-Wide Entity.......... ..................... 29.11
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Brazil
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Weighted-average
Producers/exporters dumping margins
(percent)
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Arconic Ind. E Com de Metias LTDA *................. * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA 13.93
Itapissuma.........................................
All Others.......................................... 13.93
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[[Page 62792]]
Oman
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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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Russia
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Weighted-average
Producers/exporters dumping margins
(percent)
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Rusal Marketing GmbH/Rusal Products GmbH/RTI Limited/ * 62.18
JSC United Company Rusal--Trading House/JSC Rusal
Sayanal/JSC Ural Foil*.............................
All Others.......................................... 62.18
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Turkey
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Cash deposit rate
Weighted-average (adjusted for
Producers/exporters dumping margins subsidy offsets)
(percent) (percent) \9\
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Assan Aluminyum Sanayi ve 2.28 1.95
Ticaret A.S.; Kibar Dis Ticaret
A.S.; and Ispak Esnek Ambalaj
Sanayi A.S.....................
All Others...................... 2.28 1.95
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* Rate was assigned based on facts available with adverse inferences.
Establishment of the Annual Inquiry Service Lists
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\9\ See Certain Aluminum Foil from the Republic of Turkey: Final
Affirmative Countervailing Duty Determination, 86 FR 52884
(September 23, 2021), and accompanying Issues and Decision
Memorandum.
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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.\10\ On
September 27, 2021, Commerce also published the notice titled ``Scope
Ruling Application; Annual Inquiry Service List; and Informational
Sessions'' in the Federal Register.\11\ 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.\12\
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\10\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September
20, 2021) (Final Rule).
\11\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021)
(Procedural Guidance).
\12\ 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.'' \13\
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\13\ 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.'' \14\ Accordingly, as stated
above, the petitioners and foreign governments should submit their
initial entry of appearance after publication of this
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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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\14\ See Final Rule, 86 FR at 52335.
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Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
aluminum foil from Armenia, Brazil, Oman, Russia, and Turkey pursuant
to section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at <a href="http://enforcement.trade.gov/stats/iastats1.html">http://enforcement.trade.gov/stats/iastats1.html</a>.
These antidumping duty orders are published in accordance with
section 736(a) of the Act and 19 CFR 351.211(b).
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 covered by 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 orders
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. 2021-24859 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.