Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 12911 

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 Affirmative Determination in the 

Countervailing Duty Investigation of Certain 

Aluminum Foil from the Republic of Turkey,’’ 

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, 85 FR at 68288. 

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. 

8See 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. 

9See sections 776(a) and (b) of the Act. 

10See 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. 

7304.59.8060, 7304.59.8065, and 

7304.59.8070. The HTSUS subheadings and 

specifications are provided for convenience 

and customs purposes; the written 

description of the scope is dispositive. 

[FR Doc. 2021–04567 Filed 3–4–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–845] 

Certain Aluminum Foil From the 

Republic of Turkey: 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 Republic of Turkey (Turkey) 

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: 

Whitley Herndon or Eliza Siordia, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–6274, or (202) 482–3878, 

respectively. 

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 to 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 http://

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 

Turkey. 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

Commerce notes that, in making these 

findings, it relied, in part, on facts 

available and, because Commerce finds 

that the Government of Turkey did not 

act to the best of its ability to respond 

to Commerce’s requests for information, 

Commerce drew an adverse inference 

where appropriate in selecting from 

among the facts otherwise available.9

For further information, see ‘‘Use of 

Facts Otherwise Available and 

Application of Adverse Inferences’’ in 

the Preliminary Decision Memorandum. 

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 

Turkey based on a request made by the 

petitioners.10 Consequently, the final 

CVD determination will be issued on 

the same date as the final AD 

determination, which is currently 

scheduled to be issued 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 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any rates that are 

zero, de minimis, or based entirely 

under section 776 of the Act. 


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12912 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Notices 

11Commerce also selected Kibar Dis Ticaret A.S. 

(Kibar Dis) as a mandatory company respondent in 

this investigation. Based on Kibar Dis’ 

questionnaire response, we preliminarily find that 

it is a cross-owned affiliate of Assan. Therefore, we 

are not calculating a separate subsidy rate for Kibar 

Dis. See Preliminary Decision Memorandum. 

12As discussed in the Preliminary Decision 

Memorandum, Commerce has preliminarily found 

Kibar Dis Ticaret A.S., Kibar Holding, and Ispak 

Esnek Ambalaj Sanayi A.S. to be cross-owned, 

pursuant to 19 CFR 351.525(b)(6)(vi), with Assan 

Aluminyum Sanayi ve Ticaret A.S. 

13See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

14See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

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

Commerce calculated an individual 

estimated countervailable subsidy rate 

for Assan Aluminyum Sanayi ve Ticaret 

A.S. (Assan), the only individuallyexamined exporter/producer in this 

investigation.11 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 

Assan 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 (ad valorem) 

(percent) 

Assan Aluminyum Sanayi ve Ticaret 

A.S.12 ............................................... 2.79 

All Others ............................................ 2.79 

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 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.13 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. Commerce 

has modified certain of its requirements 

for serving documents containing 

business proprietary information until 

further notice.14

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 date and 

time 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 the final 

determination is affirmative, then the 

ITC will determine 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 Turkey 

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). 

Dated: February 26, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

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 

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 


jbell on DSKJLSW7X2PROD with NOTICES
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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