Notice2024-29321
Certain Aluminum Foil From Brazil: 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 finds that certain aluminum foil (aluminum foil) from Brazil was sold in the United States at prices below normal value (NV). The period of review (POR) is November 1, 2022, through October 31, 2023. We invite interested parties 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 100965-100967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29321]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain aluminum foil (aluminum foil) from Brazil was sold in the
United States at prices below normal value (NV). The period of review
(POR) is November 1, 2022, through October 31, 2023. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 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:
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Background
On November 12, 2021, Commerce published the antidumping duty (AD)
order on aluminum foil from Brazil.\1\ On November 2, 2023, Commerce
published in the Federal Register a notice of opportunity to request an
administrative review of the Order.\2\ On December 29, 2023, based on
timely requests for review,\3\ in accordance with 19 CFR
351.221(c)(1)(i), Commerce initiated \4\ an administrative review of
the Order with respect to CBA Itapissuma Ltda. (CBA Itapissuma) and
Companhia Brasileira de Alum[iacute]nio (CBA Alum[iacute]nio),
(collectively, CBA).\5\
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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 CBA's Letter, ``Request for Administrative Review,''
dated November 29, 2023. see also Petitioners' Letter,
``Petitioners' Request for Initiation of Second Administrative
Review,'' dated November 30, 2023.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 90168, 90170 (December 29, 2023)
(Initiation Notice).
\5\ In the less-than-fair-value investigation of aluminum foil
from Brazil, Commerce determined that CBA Alum[iacute]nio and CBA
Itapissuma were 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). See Certain Aluminum
Foil from Brazil: Final Affirmative Determination of Sales at Less
Than Fair Value, 86 FR 52867 (September 23, 2021) at footnote 13.
Based on the information reported in this administrative review, we
continue to make the same determination of affiliation and treatment
as a single entity for CBA Alum[iacute]nio and CBA Itapissuma; see
also Memorandum, ``Decision Memorandum for the Preliminary Results
of Antidumping Duty Administrative Review of Certain Aluminum Foil
from Brazil; 2022-2023,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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On July 17, 2024, we extended the deadline for the preliminary
results until no later than November 21, 2024.\6\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\7\ On October 10, 2024, we fully extended the deadline of
the preliminary results until no later than December 6, 2024.\8\ For a
complete description of the events that followed the initiation of this
administrative review, see the Preliminary Decision Memorandum.\9\
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated July 14,
2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated October
10, 2024.
\9\ See Preliminary Decision Memorandum.
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Scope of the Order <SUP>10</SUP>
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\10\ See Order, 86 FR 62790.
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The product covered by this Order is aluminum foil from Brazil. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Commerce has calculated export prices
in accordance with section 772(a) of the Act. Normal value (NV) is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying the
preliminary results, see the Preliminary Decision Memorandum. A list of
topics included 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 Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period of November 1,
2022, through October 31, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma..... 18.71
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties in these preliminary 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).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce via ACCESS no later than 30 days after the date of
publication of the preliminary results of review in the Federal
Register.\11\ 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.\12\ 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.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ 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).
\13\ 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.\14\ 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 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).\15\
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\14\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\15\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request for a hearing to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS, by no later than 5 p.m. Eastern Time
within 30 days after the date of publication of this notice in the
Federal Register. Hearing requests should contain: (1) the party's
name, address, and telephone number; (2) the number of persons from the
party attending the hearing, whether any participant is a foreign
national; and (3) a list of the 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
[[Page 100967]]
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.
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of issues raised in written briefs, no later than 120 days
after publication of this notice in the Federal Register, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results of this administrative review,
pursuant to section 751(a)(2)(A) of the Act, Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries covered by this review.\16\
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\16\ 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.\17\
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\17\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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.\18\ Commerce intends to issue assessment instructions
regarding the individually examined respondents 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).
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\18\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
this administrative review for all shipments of subject merchandise
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,\19\ 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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\19\ 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.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
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. 2024-29321 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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