Notice2023-27321
Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 12, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that producers or exporters of certain aluminum foil (aluminum foil) from Brazil subject to this review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 4, 2021, through October 31, 2022. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86108-86110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27321]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: Preliminary Results of
Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that producers or exporters of certain aluminum foil
(aluminum foil) from Brazil subject to this review made sales of
subject merchandise at less than normal value (NV) during the
[[Page 86109]]
period of review (POR) May 4, 2021, through October 31, 2022. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 12, 2023.
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 January 3, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the antidumping duty order on aluminum foil
from Brazil.\1\ This review covers two producers and/or exporters of
the subject merchandise.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 50 (January 3, 2023).
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On January 13, 2023, we identified CBA Itapissuma Ltda. and
Companhia Brasileira de Alum[iacute]nio (collectively, CBA \2\) as the
mandatory respondent in this review.\3\ On July 14, 2023, we extended
the deadline for the preliminary results by 120 days.\4\ The deadline
for the preliminary results of this administrative review is now
November 30, 2023.
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\2\ Commerce determined in the less-than-fair-value
investigation that Companhia Brasileira 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). Based on the information reported
by Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma in
this review, 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. See Certain Aluminum Foil
from Brazil: Final Affirmative Determination of Sales at Less Than
Fair Value, 86 FR 52886 (September 23, 2021), and accompanying
Issues and Decision Memorandum; see also Memorandum, ``Certain
Aluminum Foil from Brazil: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2021-2022,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
\3\ See Commerce's Letter, ``Section A-E Initial
Questionnaire,'' dated January 13, 2023; see also Memorandum,
``Release of U.S. Customs and Border Protection (CBP) Data,'' dated
January 11, 2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 14,
2023.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum. The Preliminary 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 Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx/">https://access.trade.gov/public/FRNoticesListLayout.aspx/</a>.
Scope of the Order <SUP>5</SUP>
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\5\ See Certain Aluminum Foil from the Republic of Armenia,
Brazil, the Sultanate of Oman, the Russian Federation, and the
Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November
12, 2021).
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The scope of the Order covers aluminum foil. Aluminum foil is
currently classifiable under subheadings 7607.11.3000, 7607.11.6090,
7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000 of the
Harmonized Tariff Schedule of the United States (HTSUS). 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. For a complete description of the scope
of the Order, see the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section 751
of the Tariff Act of 1930, as amended (the Act). Export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum. A list of topics included in the
Preliminary Decision Memorandum is included as the appendix to this
notice.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 4, 2021, through October 31,
2022:
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \6\. 9.05
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Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce following publication of these preliminary results
of review. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\8\ The deadlines for case briefs and rebuttal briefs will
be announced at a later date. Interested parties who submit case briefs
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\9\ As
provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we
have encouraged interested parties to provide an executive summary of
their brief that should be limited to five pages total, including
footnotes. In this review, we instead request that interested parties
provide at the beginning of their briefs a public, executive summary
for each issue raised in their briefs.\10\ Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this administrative review. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue.
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\6\ Consistent with the less than fair value investigation,
Commerce preliminarily determines that Companhia Brasileira de
Alum[iacute]nio and CBA Itapissuma are affiliated, within the
meaning of 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.
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\11\
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via
[[Page 86110]]
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically-filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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\11\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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Assessment Rate
Upon issuance of the final results, Commerce will determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\12\ Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of publication of the final results of this review in
the Federal Register. The final results of this administrative review
shall be the basis for the assessment of antidumping duties on entries
of merchandise under review and for future deposits of estimated
duties, where applicable. If a timely summons is filed at the U.S.
Court of International Trade, the assessment instructions will direct
CBP not to liquidate relevant entries until the time for parties to
file a request for a statutory injunction has expired (i.e., within 90
days of publication).
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\12\ See 19 CFR 351.212(b)(1).
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Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate an importer-specific ad valorem
duty assessment rate based on the ratio of the total amount of dumping
calculated for the U.S. sales for a given importer to the total entered
value of those sales. Where either the respondent's weighted-average
dumping margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by CBA
for which it did not know its merchandise was destined for the United
States, we will instruct CBP to liquidate unreviewed entries at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.\13\
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\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of aluminum foil from Brazil entered, or
withdrawn from warehouse, for consumption on or after the date of
publication as provided by section 751(a)(2) of the Act: (1) the cash
deposit rate for the companies under review will be the rate
established in the final results of the review (except, if the rate is
zero or de minimis, no cash deposit will be required); (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of the proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recent period; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation but the
producer is, the cash deposit rate will be the rate established for the
most recent period for the producer of the merchandise; (4) the cash
deposit rate for all other producers or exporters will continue to be
13.93 percent,\14\ the all-others rate established in the less-than-
fair-value investigation. These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\14\ See Order, 86 FR 62791.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
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 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 sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-27321 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 12, 2023.
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