Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 12913 

1See Certain Aluminum Foil from the Sultanate 

of Oman and the Republic of Turkey: Initiation of 

Countervailing Duty Investigations, 85 FR 68287 

(October 28, 2020) (Initiation Notice). 

2See Certain Aluminum Foil from the Sultanate 

of Oman and the Republic of Turkey: Postponement 

of Preliminary Determinations in the Countervailing 

Duty Investigations, 85 FR 78121 (December 3, 

2020). 

3See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Determination of the 

Countervailing Duty Investigation of Certain 

Aluminum Foil from the Sultanate of Oman,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997) 

(Preamble). 

5See Initiation Notice. 

6See Certain Aluminum Foil from the Republic 

of Armenia, Brazil, the Sultanate of Oman, the 

Russian Federation, and the Republic of Turkey: 

Postponement of Preliminary Determinations in the 

Less-Than-Fair-Value Investigations, 86 FR 9909 

(February 17, 2021). 

7The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

8 See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

9 See Petitioners’ Letter, ‘‘Countervailing Duty 

Investigations of Certain Aluminum Foil from the 

Sultanate of Oman and the Republic of Turkey— 

Petitioners’ Request to Align Final Countervailing 

Duty Determinations with the Companion 

Antidumping Duty Final Determinations,’’ dated 

February 11, 2021. The petitioners are Aluminum 

Association Trade Enforcement Working Group and 

its individual members, Granges Americas Inc., JW 

Aluminum Company, and Novelis Corporation. 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheadings 7607.11.3000, 7607.11.6090, 

7607.11.9030, 7607.11.9060, 7607.11.9090, 

and 7607.19.6000. 

Further, merchandise that falls within the 

scope of this proceeding may also be entered 

into the United States under HTSUS 

subheadings 7606.11.3060, 7606.11.6000, 

7606.12.3045, 7606.12.3055, 7606.12.3091, 

7606.12.3096, 7606.12.6000, 7606.91.3095, 

7606.91.6095, 7606.92.3035, and 

7606.92.6095. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of this investigation 

is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Subsidies Valuation 

VI. Benchmarks and Interest Rates 

VII. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

VIII. Analysis of Programs 

IX. Recommendation 

[FR Doc. 2021–04565 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–523–816] 

Certain Aluminum Foil From the 

Sultanate of Oman: Preliminary 

Affirmative Countervailing Duty 

Determination and Alignment of Final 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) preliminarily determines 

that countervailable subsidies are being 

provided to producers and exporters of 

certain aluminum foil (aluminum foil) 

from the Sultanate of Oman (Oman) 

during the period of investigation, 

January 1, 2019, through December 31, 

2019. Interested parties are invited to 

comment on this preliminary 

determination. 

DATES: Applicable March 5, 2021. 

FOR FURTHER INFORMATION CONTACT: John 

Conniff, 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) 482–1009. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on October 28, 2020.1 On December 3, 

2020, Commerce postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now February 26, 2021.2 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II 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 https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at http://enforcement.trade.gov/frn/. 

The signed and electronic versions of 

the Preliminary Decision Memorandum 

are identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is aluminum foil from 

Oman. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,4 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 We received 

several comments concerning the scope 

of the antidumping duty (AD) and 

countervailing duty (CVD) 

investigations of aluminum foil as it 

appeared in the Initiation Notice. We 

are currently evaluating the scope 

comments filed by the interested 

parties. We intend to issue our 

preliminary decision regarding the 

scope of the AD and CVD investigations 

in the preliminary determinations of the 

companion AD investigations, the 

deadline for which is April 27, 2021.6

We will incorporate the scope decisions 

from the AD investigations into the 

scope of the final CVD determination for 

this investigation after considering any 

relevant comments submitted in scope 

case and rebuttal briefs.7

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.8

Alignment 

As noted in the Preliminary Decision 

Memorandum, in accordance with 

section 705(a)(1) of the Act and 19 CFR 

351.210(b)(4), Commerce is aligning the 

final CVD determination in this 

investigation with the final 

determination in the companion AD 

investigation of aluminum foil from 

Oman based on a request made by the 

petitioners.9 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determination, which is currently 

scheduled no later than July 12, 2021, 

unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 


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12914 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 

10See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements); see also 

Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19, 85 FR 17006, 

17007 (March 26, 2020). 

11See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

Commerce calculated an individual 

estimated countervailable subsidy rate 

for Oman Aluminum Rolling Company 

LLC (OARC), the only individually 

examined exporter/producer in this 

investigation. Because the only 

individually calculated rate is not zero, 

de minimis, or based entirely on facts 

otherwise available, the estimated 

weighted-average rate calculated for 

OARC is the rate assigned to all other 

producers and exporters, pursuant to 

section 705(c)(5)(A)(i) of the Act. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company Subsidy rate 

(percent) 

Oman Aluminum Rolling Company 

LLC/Sohar Paper Cores LLC .......... 2.15 

All Others ............................................ 2.15 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

rates indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. Normally, 

Commerce verifies information using 

standard procedures, including an onsite examination of original accounting, 

financial, and sales documentation. 

However, due to current travel 

restrictions in response to the global 

COVID–19 pandemic, Commerce is 

unable to conduct on-site verification in 

this investigation. Accordingly, we 

intend to verify the information relied 

upon in making the final determination 

through alternative means in lieu of an 

on-site verification. 

Public Comment 

All interested parties will have the 

opportunity to submit case and rebuttal 

briefs on the preliminary scope 

determination. The deadline to submit 

these comments will be established in 

the preliminary scope decision 

memorandum. Scope rebuttal briefs 

(which are limited to issues raised in 

the scope briefs) may be submitted no 

later than seven days after the deadline 

for the scope briefs. These deadlines 

apply to the AD and CVD aluminum foil 

investigations, regardless of the 

deadlines of the preliminary 

determinations in the AD investigations. 

For all scope briefs and rebuttals 

thereto, parties must file identical 

documents simultaneously on the 

records of all the ongoing AD and CVD 

aluminum foil investigations. No new 

factual information or business 

proprietary information may be 

included in either scope briefs or 

rebuttal scope briefs. 

Case briefs or other written comments 

on non-scope matters may be submitted 

to the Assistant Secretary for 

Enforcement and Compliance. 

Interested parties will be notified of the 

deadline for the submission of such case 

briefs and written comments at a later 

date. Rebuttal briefs, limited to issues 

raised in case briefs, may be submitted 

no later than seven days after the 

deadline date for case briefs.10

Commerce has modified certain of its 

requirements for serving documents 

containing business proprietary 

information until further notice.11

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation are 

encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. 

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 to the Assistant 

Secretary for Enforcement and 

Compliance, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, whether any 

participant is a foreign national, and a 

list of the issues to be discussed. If a 

request for a hearing is made, Commerce 

intends to hold the hearing at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the 

International Trade Commission (ITC) of 

its determination. If Commerce’s final 

determination is affirmative the ITC will 

make its final determination before the 

later of 120 days after the date of this 

preliminary determination or 45 days 

after the final determination whether 

imports of aluminum foil from Oman 

are materially injuring, or threaten 

material injury to, the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). Due to technical issues, 

James Maeder, Deputy Assistant 

Secretary for Antidumping and 

Countervailing Duty Operations is 

signing this preliminary determination 

on behalf of Ryan Majerus, Deputy 

Assistant Secretary for Policy and 

Negotiations. 

Dated: February 26, 2021. 

James Maeder, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation is aluminum foil having a 

thickness of 0.2 mm or less, in reels 

exceeding 25 pounds, regardless of width. 

Aluminum foil is made from an aluminum 

alloy that contains more than 92 percent 

aluminum. Aluminum foil may be made to 

ASTM specification ASTM B479, but can 

also be made to other specifications. 

Regardless of specification, however, all 

aluminum foil meeting the scope description 

is included in the scope, including 

aluminum foil to which lubricant has been 

applied to one or both sides of the foil. 

Excluded from the scope of this 

investigation is aluminum foil that is backed 

with paper, paperboard, plastics, or similar 

backing materials on one side or both sides 

of the aluminum foil, as well as etched 

capacitor foil and aluminum foil that is cut 

to shape. Where the nominal and actual 

measurements vary, a product is within the 


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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 12915 

1Consent Decree among Defendant BP 

Exploration & Production Inc. (‘‘BPXP’’), the United 

States of America, and the States of Alabama, 

Florida, Louisiana, Mississippi, and Texas entered 

in In re: Oil Spill by the Oil Rig ‘‘Deepwater 

Horizon’’ in the Gulf of Mexico, on April 20, 2010, 

MDL No. 2179 in the United States District Court 

for the Eastern District of Louisiana. 

2The USACE CEMVN EIS Mid-Barataria 

Sediment Diversion project web page is accessible 

here: http://www.mvn.usace.army.mil/Missions/ 

Regulatory/Permits/Mid-Barataria-SedimentDiversionEIS/. 

scope if application of either the nominal or 

actual measurement would place it within 

the scope based on the definitions set forth 

above. The products under investigation are 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheadings 7607.11.3000, 7607.11.6090, 

7607.11.9030, 7607.11.9060, 7607.11.9090, 

and 7607.19.6000. 

Further, merchandise that falls within the 

scope of this proceeding may also be entered 

into the United States under HTSUS 

subheadings 7606.11.3060, 7606.11.6000, 

7606.12.3045, 7606.12.3055, 7606.12.3091, 

7606.12.3096, 7606.12.6000, 7606.91.3095, 

7606.91.6095, 7606.92.3035, and 

7606.92.6095. Although the HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of this investigation 

is dispositive. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of Investigation 

V. New Subsidy Allegation 

VI. Subsidies Valuation 

VII. Benchmarks 

VIII. Partial Use of Facts Available 

IX. Analysis of Programs 

X. Recommendation 

[FR Doc. 2021–04566 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XA839] 

Notice of Availability of the Deepwater 

Horizon Oil Spill Louisiana Trustee 

Implementation Group Draft Phase II 

Restoration Plan: #3.2: Mid-Barataria 

Sediment Diversion 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: In accordance with the Oil 

Pollution Act of 1990 (OPA), the 

National Environmental Policy Act 

(NEPA), and a Consent Decree with BP 

Exploration & Production Inc. (BP),1 the 

Deepwater Horizon (DWH) Federal and 

state natural resource trustee agencies 

for the Louisiana Trustee 

Implementation Group (Louisiana TIG) 

have prepared a Draft Phase II 

Restoration Plan 3.2 (Draft Phase II RP 

#3.2). The Draft Phase II RP #3.2 

describes and proposes restoration 

project alternatives considered by the 

Louisiana TIG to restore natural 

resources and ecological services 

injured or lost as a result of the DWH 

oil spill. The Louisiana TIG evaluated 

these alternatives under criteria set forth 

in the OPA natural resource damage 

assessment regulations. In accordance 

with NEPA the environmental 

consequences of the restoration 

alternatives are evaluated in the 

associated U.S. Army Corps of 

Engineers, New Orleans District 

(USACE CEMVN) Draft Environmental 

Impact Statement for the Proposed Mid 

Barataria Sediment Diversion Project, 

Plaquemines and Jefferson Parishes 2

(MBSD DEIS) to which the Louisiana 

TIG Federal Trustees are cooperating 

agencies. The purpose of this notice is 

to inform the public of the availability 

of the Draft Phase II RP #3.2 and to seek 

public comments on the document. 

DATES: Submitting Comments: The 

Louisiana TIG will consider public 

comments received on or before May 4, 

2021. 

Virtual Public Meetings: Due to 

continuing COVID–19 limitations on 

gatherings of groups, the Louisiana TIG 

will co-host three virtual public 

meetings with the USACE CEMVN on 

the following dates: 

1.April 6, 2021, 9 a.m. CDT 

2. April 7, 2021, 1 p.m. CDT 

3. April 8, 2021, 6 p.m. CDT 

ADDRESSES: Obtaining Documents: You 

may download the Draft Phase II RP 

#3.2 at: http://

www.gulfspillrestoration.noaa.gov/ 

restoration-areas/louisiana. The 

associated MBSD DEIS may be 

downloaded at: http://

www.mvn.usace.army.mil/Missions/ 

Regulatory/Permits/Mid-BaratariaSediment-Diversion-EIS/. 

Submitting Comments: You may 

submit comments on the Draft Phase II 

RP #3.2 and the associated MBSD DEIS 

by the following methods: 

• Via the Web: https://

parkplanning.nps.gov/MBSD; 

• Via U.S. Mail: U.S. Army Corps of 

Engineers, New Orleans District, Attn: 

CEMVN–OD–SE, MVN–2012–2806– 

EOO, 7400 Leake Avenue, New Orleans, 

LA 70118. Please note that mailed 

comments must be postmarked on or 

before the comment deadline of 60 days 

following publication of this notice to 

be considered; or 

• During the virtual public meetings: 

Comments may be provided during the 

webinar. Webinar information is 

provided below in SUPPLEMENTARY

INFORMATION. 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

You only need to submit your 

comment via one of these methods. All 

comments submitted will be reviewed 

by both the Louisiana TIG and CEMVN. 

All comments made during the 

comment period time-frame as 

described above will become part of the 

record. 

FOR FURTHER INFORMATION CONTACT: 

National Oceanic and Atmospheric 

Administration—Mel Landry, NOAA 

Restoration Center, (310) 427–8711, 

gulfspill.restoration@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Introduction 

On April 20, 2010, the mobile 

offshore drilling unit DWH, which was 

being used to drill a well for BP, in the 

Macondo prospect (Mississippi Canyon 

252–MC252), experienced a significant 

explosion, fire, and subsequent sinking 

in the Gulf of Mexico, resulting in an 

unprecedented volume of oil and other 

discharges from the rig and from the 

wellhead on the seabed. The DWH oil 

spill is the largest off shore oil spill in 

U.S. history, discharging millions of 

barrels of oil over a period of 87 days. 

In addition, well over one million 

gallons of dispersants were applied to 

the waters of the spill area in an attempt 

to disperse the spilled oil. An 

undetermined amount of natural gas 

was also released into the environment 

as a result of the spill. 

The DWH Federal and State natural 

resource trustees (DWH Trustees) 

conducted the natural resource damage 

assessment (NRDA) for the DWH oil 

spill under OPA (33 U.S.C. 2701 et seq.). 

Pursuant to OPA, Federal and State 

agencies act as trustees on behalf of the 

public to assess natural resource injuries 

and losses and to determine the actions 


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