Notice2024-29320
Certain Aluminum Foil From the Sultanate of Oman: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman) were made at less than normal value (NV) during the period of review (POR) November 1, 2022, through October 31, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100976-100977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-815]
Certain Aluminum Foil From the Sultanate of Oman: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of certain aluminum foil (aluminum foil) from the
Sultanate of Oman (Oman) were made at less than normal value (NV)
during the period of review (POR) November 1, 2022, through October 31,
2023. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4956.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register
the antidumping duty order on aluminum foil from Oman.\1\ On November
2, 2023, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order for the
POR.\2\ On December 29, 2023, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the Order.\3\ Oman Aluminium Rolling Company SPC (OARC) is
the only company subject to this review and thus is the sole mandatory
respondent in this administrative review.\4\ On July 5, 2024, we
extended the deadline for issuing the preliminary results, in
accordance with section of 751(a)(3) of the Tariff Act of 1930 (the
Act), and 19 CFR 351.213(h)(2).\5\ On July 22, 2024, Commerce tolled
certain deadlines in this administrative proceeding by seven days.\6\
On November 27, 2024, Commerce further extended the deadline for
issuing these preliminary results to December 6, 2024.\7\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\8\
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\1\ 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).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 75270 (November
2, 2023).
\3\ See Initiation of Antidumping Duty and Countervailing Duty
Administrative Reviews, 88 FR 90168 (December 29, 2023) (Initiation
Notice).
\4\ See Memorandum, ``Release of Customs and Border Protection
Data,'' dated March 11, 2024.
\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 5,
2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\7\ See Memorandum, ``Additional Extension of Deadline for
Preliminary Results of Antidumping Duty Administrative Review,''
dated November 27, 2024.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Aluminum Foil from the Sultanate of Oman; 2022-2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the Order is aluminum foil from Oman.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of 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 our conclusions, see the Preliminary Decision Memorandum. A
list of the topics discussed in the Preliminary Decision Memorandum is
attached as an appendix to this notice. 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>.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin for the period of
November 1, 2022, through October 31, 2023:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Oman Aluminium Rolling Company SPC......................... 5.84
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results 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 this notice in accordance with 19
CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in case briefs, may
be filed no later than five days after the date for filing case
briefs.\9\ 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.\10\
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\9\ 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) (APO and Service Final Rule).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
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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.\11\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public 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 public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\12\
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\11\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\12\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a
[[Page 100977]]
hearing must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via 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.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
If the weighted-average dumping margin is not zero or de minimis (i.e.,
less than 0.5 percent), then Commerce will calculate importer-specific
ad valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for each importer's examined sales
to the total entered value of those same sales in accordance with 19
CFR 351.212(b)(1).\13\ If the respondent has not reported entered
values, we will calculate a per-unit assessment rate for each importer
by dividing the total amount of dumping calculated for the examined
sales made to that importer by the total quantity associated with those
sales. Where either the respondent's weighted-average dumping margin is
zero or de minimis, or an importer-specific ad valorem assessment rate
is zero or de minimis in the final results of the review, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
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\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings; Final
Modification, 77 FR 8101, 8102 (February 14, 2012) (Final
Modification for Reviews).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by OARC for
which the producer did not know its merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate (i.e., 3.89 percent) \14\ if there is no rate for the
intermediate company (or companies) involved in the transaction.
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\14\ See Order, 86 FR at 62792.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.
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 deposit requirements will be effective upon
publication in the Federal Register of final results of this
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, as provided by section 751(a)(2)(C) of the Act:
(1) the cash deposit rate for the company listed above will be equal to
the weighted-average dumping margin established in the final results of
this administrative review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for previously investigated or reviewed companies not covered in this
review, the cash deposit rate will continue to be the company-specific
cash deposit rate published for the most recently completed segment of
this proceeding in which the company participated; (3) if the exporter
is not a firm covered in this review, a prior review, or the less than
fair value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 3.89
percent, the all-others rate established in the LTFV investigation.\15\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\15\ Id.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of our
analysis of issues raised by the parties in the written comments,
within 120 days of publication of these preliminary results in the
Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also 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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: December 6, 2024.
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. 2024-29320 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 13, 2024.
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