Notice2025-23628
Certain Aluminum Foil From the Sultanate of Oman: Amended Final 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 22, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty (AD) order on certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman) to correct certain ministerial errors. The period of review (POR) is November 1, 2022, through October 31, 2023.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 243 (Monday, December 22, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 243 (Monday, December 22, 2025)]
[Notices]
[Pages 59792-59793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23628]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-523-815]
Certain Aluminum Foil From the Sultanate of Oman: Amended Final
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) is amending the
final results of the administrative review of the antidumping duty (AD)
order on certain aluminum foil (aluminum foil) from the Sultanate of
Oman (Oman) to correct certain ministerial errors. The period of review
(POR) is November 1, 2022, through October 31, 2023.
DATES: Applicable December 22, 2025.
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 September 12, 2025, Commerce published the Final Results of the
administrative review of the AD order on aluminum foil from Oman in the
Federal Register.\1\ On September 15, 2025, we received a timely filed
allegation of ministerial errors from Oman Aluminium Rolling Company
SPC (OARC), the mandatory respondent in this administrative review.\2\
On September 22, 2025, the Aluminum Association Trade Enforcement
Working Group and its individual members (collectively, the
petitioners) submitted timely comments in rebuttal to OARC's
Ministerial Error Comments.\3\ We are amending the Final Results to
correct certain ministerial errors raised by OARC.\4\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the Sultanate of Oman: Final
Results of Antidumping Duty Administrative Review; 2022-2023, 90 FR
44162 (September 12, 2025) (Final Results).
\2\ See OARC's Letter, ``Ministerial Error Comments,'' dated
September 15, 2025 (OARC's Ministerial Error Comments).
\3\ See Petitioners' Letter, ``Petitioners' Response to OARC's
Ministerial Error Allegations,'' dated September 22, 2025
(Petitioners' Rebuttal Comments).
\4\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with this notice (Ministerial
Error Memorandum).
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' \5\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any . . . ministerial
error by amending the final results of review. . .''
---------------------------------------------------------------------------
\5\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Errors
In its ministerial error comments, OARC alleged that Commerce made
ministerial errors in its: (1) final calculation of OARC's dumping
margin by over-applying certain international freight expenses; (2) by
failing to account for the net quantities (NETQTYU) of OARC's U.S.
sales during the POR; (3) by failing to ensure that the treatment of
OARC's billing adjustments in the U.S. market was consistent with the
gross unit prices; (4) by incorrectly assigning the importer field for
the assessment calculation; (5) by applying the highest-value partial
adverse facts available (AFA) adjustment to OARC's reported U.S. duty
(USDUTYU) field; and (6) by failing to cap any supposed freight
revenues by the amount associated with freight expenses.\6\ In its
rebuttal comments, the petitioners argued that (1) OARC's ministerial
error allegation concerning net quantity was untimely alleged; (2)
Commerce's application of partial AFA to section 232 expenses was
clearly identified and explained by Commerce, so it cannot be
considered a ministerial error pursuant to section 735(e) of the Act
and 19 CFR 351.224(f); and (3) Commerce made a deliberate
methodological choice to apply partial AFA to OARC's freight expenses,
and there is no indication to Commerce intended to calculate a freight
revenue offset.
---------------------------------------------------------------------------
\6\ See OARC's Letter, ``Ministerial Error Comments,'' dated
September 15, 2025 (OARC's Ministerial Error Comments).
---------------------------------------------------------------------------
We agree with OARC that we made two ministerial errors regarding
its international freight expenses and billing adjustments in the Final
Results, pursuant to section 751(h) of the Act and 19 CFR 351.224(f),
and have amended our calculations to correct these errors.\7\ Regarding
OARC's allegations concerning net quantity and the importer field, we
find that OARC failed to identify the error during the time period
specified by our regulations. Therefore, consistent with our
regulations, we find that OARC's submission, as it relates to NETQTYU
and the importer field, constitutes an untimely ministerial error
allegation. However, with regard to the importer field, we have
exercised our discretion to correct the error identified, as correcting
the error will allow for more accurate collection of duties. Finally,
we disagree with OARC that we made ministerial errors in the Final
Results concerning OARC's freight revenue capping and section 232
expenses, and thus, have not amended our calculations with respect to
these allegations.
---------------------------------------------------------------------------
\7\ See Ministerial Error Memorandum at 3 and 4; see also
Memorandum, ``Amended Final Results Margin Calculation for Oman
Aluminium Rolling Company,'' dated concurrently with this notice.
---------------------------------------------------------------------------
For a complete discussion of the ministerial error allegations, as
well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum.\8\ The Ministerial Error
[[Page 59793]]
Memorandum is a public document and is on file electronically via
ACCESS. ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
---------------------------------------------------------------------------
\8\ See Ministerial Error Memorandum.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial errors described above,
we determine the following estimated weighted-average dumping margin
exists for the period November 3, 2022, through April 30, 2024:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Oman Aluminium Rolling Company............................. 42.13
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
these amended final results of review to parties in this review within
five days of the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Assessment Rates
Normally Commerce would issue assessment instructions to U.S.
Customs and Border Protection (CBP) no earlier than 35 days after the
date of publication of the amended final results of this review in the
Federal Register. However, in this case, a timely summons and complaint
have been filed at the U.S. Court of International Trade, and a
statutory injunction is in place. Therefore, we will not issue
assessment instructions until the injunction has lifted. When the
injunction lifts such that we can issue assessment instructions, and
where the respondent reported reliable entered values, we will
calculate importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\9\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\10\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\11\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\12\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.212(b)(1).
\10\ Id.
\11\ Id.
\12\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by OARC for which the
producer did not know that 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\
---------------------------------------------------------------------------
\13\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following amended cash deposit requirements will be effective
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after September 12, 2025, the
publication date of the Final Results of this administrative review, as
provided by section 751(a)(2)(C) of the Act: (1) the amended cash
deposit rate for the company listed above will be equal to the
weighted-average dumping margin established in the amended final
results of this administrative review; (2) for previously reviewed or
investigated companies not participating in this review, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment of this proceeding in which the
producer or exporter participated; (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 recently completed segment of this proceeding for the
producer of the subject merchandise; and (4) the cash deposit rate for
all other producers or exporters will continue to be the all-others
rate established in the less-than-fair-value investigation (i.e., 3.89
percent).\14\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\14\ See Certain Aluminum Foil from the Sultanate of Oman: Final
Affirmative Determination of Sales at Less-Than-Fair-Value, 86 FR
52876 (September 23, 2021).
---------------------------------------------------------------------------
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 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 duties 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.
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 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 terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these amended final results in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: December 17, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-23628 Filed 12-19-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 22, 2025.
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.