Notice2026-09017
Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2023-2024
Primary source
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Published
May 7, 2026
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) during the period of review (POR) November 1, 2023, through October 31, 2024. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 91 Issue 88 (Thursday, May 7, 2026)</title>
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[Federal Register Volume 91, Number 88 (Thursday, May 7, 2026)]
[Notices]
[Pages 24804-24806]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09017]
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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; 2023-2024
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) during the period of
review (POR) November 1, 2023, through October 31, 2024. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable May 7, 2026.
FOR FURTHER INFORMATION CONTACT: Robert Hedberg, 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) 482-0955.
SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published in the Federal Register
the antidumping duty (AD) order on aluminum foil from Brazil.\1\ On
November 1, 2024, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we published in the Federal Register a
notice of opportunity to request an administrative review of the Order
for the POR.\2\ On December 18, 2024, based on timely requests for an
administrative review,\3\ Commerce initiated an administrative review
of the Order \4\ with respect to CBA Itapissuma Ltda. and Companhia
Brasileira de 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, 89 FR 87338 (November
1, 2024).
\3\ See CBA's Letter, ``Request for Administrative Review,''
dated December 2, 2024; see also Petitioners' Letter, ``Petitioners'
Request for Initiation of Second Administrative Review,'' dated
November 27, 2024.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 102856 (December 18, 2024) (Initiation
Notice).
\5\ 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 Tariff Act of 1930, as amended (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 52886
(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 Memorandum, ``Certain
Aluminum Foil from Brazil: Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review; 2023-2024,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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On December 9, 2024, Commerce tolled the deadline to issue the
preliminary results in this administrative review by 90 days.\6\ Due to
the lapse in appropriations and Federal Government shutdown, on
November 14, 2025, Commerce tolled all deadlines in administrative
proceedings by 47 days.\7\ Additionally, due to a backlog of documents
that were electronically filed via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) during the Federal Government shutdown, on November 24,
2025, Commerce tolled all deadlines in administrative proceedings by an
additional 21 days.\8\ On December 29, 2025, Commerce extended the
deadline for the preliminary results until April 17, 2026.\9\ On April
2, 2026, Commerce extended the deadline for the preliminary results
until April 30, 2026.\10\
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\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\7\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\8\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
December 29, 2025.
\10\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
April 2, 2026.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\11\ A list of topics included in the Preliminary Decision
Memorandum is included in Appendix I to this notice. The Preliminary
Decision 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>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/frnotices">https://access.trade.gov/frnotices</a>.
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\11\ See Preliminary Decision Memorandum.
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Scope of the Order <SUP>12</SUP>
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\12\ See Order, 86 FR at 62790.
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The product covered by the 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)(1)(B) of the Act. Export price and NV are
calculated in accordance with sections 772 and 773 of the Act,
respectively. For a complete description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists for the period of November 1,
2023, through October 31, 2024:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma..... 16.61
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Disclosure
Commerce intends to disclose the calculations and analyses
performed for these preliminary results of review 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 the Federal Register in accordance with 19 CFR 351.224(b).
[[Page 24805]]
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(l)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice in the Federal Register.\13\
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.\14\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) a statement
of the issue; and (2) a table of authorities.\15\ All briefs must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety in ACCESS by 5:00 p.m.
Eastern Time on the established deadline.
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\13\ See 19 CFR 351.309(c)(1)(ii).
\14\ 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).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\16\ 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. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
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\16\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ 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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS, by 5 p.m. Eastern time, within 30 days after the date of
publication of this notice in the Federal Register. Requests should
contain: (1) the requesting party's name, address, and telephone
number; (2) the number of participants and whether any participant is a
foreign national; and (3) a list of the issues the party intends to
discuss at the hearing. Oral presentations at the hearing will be
limited to issues raised in the case and rebuttal briefs. If a request
for a hearing is made, parties will be notified of the date and time of
the hearing.\18\ Parties should confirm the date and time of the
hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\19\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline.
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\19\ See 19 CFR 351.303.
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Assessment Rate
In accordance with section 751(a)(2)(C) of the Act, 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 of subject merchandise covered by this
review.\20\ If CBA's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we will calculate importer-specific ad valorem AD assessment
rates based on the ratio of the total amount of dumping calculated for
each importer's examined sales and the total entered value of those
same sales in accordance with 19 CFR 351.212(b)(1).\21\ If CBA's
weighted-average dumping margin or an importer-specific assessment rate
is zero or de minimis in the final results of review, we will instruct
CBP not to assess duties on any of its entries in accordance with the
Final Modification for Reviews, i.e., ``{w{time} here the weighted-
average margin of dumping for the exporter is determined to be zero or
de minimis, no antidumping duties will be assessed.'' \22\
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\20\ See 19 CFR 351.212(b)(1).
\21\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\22\ See 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 CBA for
which it did not know that the merchandise was destined to the United
States, we will instruct CBP to liquidate those entries at the all-
others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
The final results of this administrative 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.\23\ 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).
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\23\ 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 subject merchandise exported by CBA will be
equal to the weighted-average dumping margin established in the final
results of the review (except, if that rate is de minimis within the
meaning of 19 CFR 351.106(c)(1), then the cash deposit rate will be
zero); (2) for merchandise exported by a company 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 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 producers or manufacturers or exporters
will continue to be 13.93 percent, the all-others rate established in
the LTFV investigation.\24\ These cash deposit requirements, when
imposed, shall remain in effect until further notice.
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\24\ See Order, 86 FR at 62791.
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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 its
analysis of
[[Page 24806]]
issues raised in any written briefs, not later than 120 days after the
date of publication of this notice 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 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
We are issuing and publishing these preliminary results of
administrative review 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: April 30, 2026.
Christopher Abbott,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2026-09017 Filed 5-6-26; 8:45 am]
BILLING CODE 3510-DS-P
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