Notice2024-13039
Certain Aluminum Foil From Brazil: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
June 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma (collectively, CBA) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) May 4, 2021, through October 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 115 (Thursday, June 13, 2024)</title>
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[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Notices]
[Pages 50261-50263]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13039]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: Final 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) determines that
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma
(collectively, CBA) made sales of subject merchandise at prices below
normal value (NV) during the period of review (POR) May 4, 2021,
through October 31, 2022.
DATES: Applicable June 13, 2024.
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 December 12, 2023, Commerce published in the Federal Register
its Preliminary Results.\1\ On March 18, 2024, we extended the deadline
for these final results to June 7, 2024.\2\ On April 15, 2024, Commerce
issued a post-preliminary cost of production (COP) analysis
memorandum.\3\ For a complete
[[Page 50262]]
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\4\ Commerce conducted this
administrative review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
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\1\ See Certain Aluminum Foil from Brazil: Preliminary Results
of Antidumping Duty Administrative Review; 2021-2022, 88 FR 86108
(December 12, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum; see also Memoranda, ``Post-
Preliminary Cost-of-Production Analysis,'' dated April 12, 2024
(Post-Preliminary COP Analysis Memorandum) and ``Cost of Production
and Constructed Value Calculation Adjustments for the Post-
Preliminary Results--Companhia Brasileira de Alum[iacute]nio and CBA
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation
Memorandum).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2021-2022,'' dated March 18,
2024.
\3\ See Memorandum, ``Post-Preliminary Cost-of-Production
Analysis,'' dated April 12, 2024 (Post-Preliminary COP Analysis
Memorandum); see also Memorandum, ``Cost of Production and
Constructed Value Calculation Adjustments for the Post-Preliminary
Results--Companhia Brasileira de Alum[iacute]nio and CBA
Itapissuma,'' dated April 15, 2024 (Post-Preliminary COP Calculation
Memorandum).
\4\ See Memorandum, ``Decision Memorandum for the Final Results
of the Administrative Review of the Antidumping Duty Order on
Certain Aluminum Foil from Brazil; 2021-2022,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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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) (Order).
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The product covered by this Order is certain aluminum foil from
Brazil. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are discussed in
the Issues and Decision Memorandum and are listed as an appendix to
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 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Following the Preliminary Results, we made certain changes to CBA's
COP, as explained in the Post-Preliminary COP Analysis Memorandum.\6\
For a discussion of these changes, see the Post-Preliminary COP
Analysis Memorandum. Beyond the changes discussed in the Post-
Preliminary COP Analysis Memorandum, we made no other changes since the
Preliminary Results.
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\6\ See Preliminary Results, 88 FR at 86108; Post-Preliminary
COP Analysis Memorandum; and Post-Preliminary COP Calculation
Memorandum.
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Final Results of Administrative Review
For these final results, we determine that the following estimated
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 \7\. 7.59
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Disclosure
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\7\ Upon its determination in the less-than-fair-value (LTFV)
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), in the Preliminary Results of
this administrative review, Commerce continued to find that
Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma are
affiliated and should be treated as a single entity. See Preliminary
Decision Memorandum at 1 n.1. Commerce received no comments
regarding this preliminary determination. Accordingly, Commerce
continues to find that Companhia Brasileira de Alum[iacute]nio and
CBA Itapissuma are affiliated and should be treated as a single
entity. Commerce has referred to the two companies collectively as
CBA.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these final results 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, Commerce shall
determine and U.S. Customs and Border Protection (CBP) shall assess
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review. For CBA, we
calculated ad valorem importer-specific assessment rates on the basis
of the ratio of the total amount of dumping calculated for each
importer's examined sales and the total entered value of those sales in
accordance with 19 CFR 351.212(b)(1). Where an importer-specific
assessment rate is de minimis (i.e., less than 0.5 percent), the
entries by that importer will be liquidated 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 of 13.93 percent, if there is no rate
for the intermediate company(ies) involved in the transaction.\8\
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\8\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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. 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).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective upon publication of this notice for all
shipments of certain 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 subject to this review will be equal to the company-
specific weighted-average dumping margin established in the final
results of the review; (2) for merchandise exported by producers or
exporters not covered in this review but covered in a prior completed
segment of the proceeding, the cash deposit rate will continue to be
the company-specific rate published in the completed segment 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
has been covered in a prior completed segment of this proceeding, then
the cash deposit rate will be the rate established in the completed
segment 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, the all-others rate established in the
less-than-fair-value investigation of this proceeding.\9\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ See Order, 86 FR at 62791.
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Notification to Importers
This notice serves as a final 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 Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction or return of proprietary information
disclosed under APO in
[[Page 50263]]
accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the destruction or return of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 7, 2024.
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
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Test Electricity Purchases According to
the Major Inputs Provision
Comment 2: Whether to Use CBA's Non-Smoothed Costs
Comment 3: Whether to Modify Post-Preliminary Analysis to Test
for Substantial Cost Differences Across Production Mills
Comment 4: Whether to Exclude Priced Sample U.S. Sales
Comment 5: Correction of Draft Customs Instructions
VI. Recommendation
[FR Doc. 2024-13039 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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