[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Notices]
[Pages 86108-86110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27321]


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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; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that producers or exporters of certain aluminum foil 
(aluminum foil) from Brazil subject to this review made sales of 
subject merchandise at less than normal value (NV) during the

[[Page 86109]]

period of review (POR) May 4, 2021, through October 31, 2022. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 12, 2023.

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: 

Background

    On January 3, 2023, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the antidumping duty order on aluminum foil 
from Brazil.\1\ This review covers two producers and/or exporters of 
the subject merchandise.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 50 (January 3, 2023).
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    On January 13, 2023, we identified CBA Itapissuma Ltda. and 
Companhia Brasileira de Alum[iacute]nio (collectively, CBA \2\) as the 
mandatory respondent in this review.\3\ On July 14, 2023, we extended 
the deadline for the preliminary results by 120 days.\4\ The deadline 
for the preliminary results of this administrative review is now 
November 30, 2023.
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    \2\ Commerce determined in the less-than-fair-value 
investigation that Companhia Brasileira de Alum[iacute]nio and CBA 
Itapissuma are 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). Based on the information reported 
by Companhia Brasileira de Alum[iacute]nio and CBA Itapissuma in 
this review, Commerce continues to find that Companhia Brasileira de 
Alum[iacute]nio and CBA Itapissuma are affiliated and continues to 
treat these companies as a single entity. See Certain Aluminum Foil 
from Brazil: Final Affirmative Determination of Sales at Less Than 
Fair Value, 86 FR 52886 (September 23, 2021), and accompanying 
Issues and Decision Memorandum; see also Memorandum, ``Certain 
Aluminum Foil from Brazil: Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
    \3\ See Commerce's Letter, ``Section A-E Initial 
Questionnaire,'' dated January 13, 2023; see also Memorandum, 
``Release of U.S. Customs and Border Protection (CBP) Data,'' dated 
January 11, 2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 14, 
2023.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx/.

Scope of the Order <SUP>5</SUP>
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    \5\ 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).
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    The scope of the Order covers aluminum foil. Aluminum foil is 
currently classifiable under subheadings 7607.11.3000, 7607.11.6090, 
7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Further, 
merchandise that falls within the scope of these orders 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 these orders is dispositive. For a complete description of the scope 
of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act). Export price is 
calculated in accordance with section 772 of the Act. NV is calculated 
in accordance with section 773 of the Act. For a full description of 
the methodology underlying these preliminary results, see the 
Preliminary Decision Memorandum. A list of topics included in the 
Preliminary Decision Memorandum is included as the appendix to this 
notice.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 4, 2021, through October 31, 
2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Exporter or producer                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \6\.        9.05
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties within 
five days after public announcement of the preliminary results.\7\ 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce following publication of these preliminary results 
of review. 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.\8\ The deadlines for case briefs and rebuttal briefs will 
be announced at a later date. 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.\9\ 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.\10\ 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.
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    \6\ Consistent with the less than fair value investigation, 
Commerce preliminarily determines that Companhia Brasileira de 
Alum[iacute]nio and CBA Itapissuma are affiliated, within the 
meaning of 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 Preliminary 
Decision Memorandum.
    \7\ See 19 CFR 351.224(b).
    \8\ 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).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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    Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\11\ 
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

[[Page 86110]]

ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
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 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.
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    \11\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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Assessment Rate

    Upon issuance of the final results, Commerce will determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\12\ 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. 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. 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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    \12\ 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.\13\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements for estimated antidumping duties 
will be effective upon publication of the notice of final results of 
this review for all shipments of aluminum foil from Brazil 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,\14\ 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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    \14\ 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.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4).

    Dated: November 30, 2023.
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. 2023-27321 Filed 12-11-23; 8:45 am]
BILLING CODE 3510-DS-P