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 Department of Commerce International Trade Administration [A-351-856]
 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 
                        ( print 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. On January 13, 2023, we identified CBA Itapissuma Ltda. and Companhia Brasileira de Alumínio (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. 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 [5] 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: Exporter or producer
Weighted-
                             average 
                             dumping 
                             margin 
                             (percent)Companhia Brasileira de Alumínio/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. 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 
                    ( print 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. 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). 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] 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. 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


# Footnotes

1.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*88 FR 50 (January 3, 2023). Back to Citation
 2.
    
                         Commerce determined in the less-than-fair-value investigation that Companhia Brasileira de Alumínio 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 Alumínio and CBA Itapissuma in this review, Commerce continues to find that Companhia Brasileira de Alumínio 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). Back to Citation
 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. Back to Citation
 4.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated July 14, 2023. Back to Citation
 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). Back to Citation
 6.
    
                         Consistent with the less than fair value investigation, Commerce preliminarily determines that Companhia Brasileira de Alumínio 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). Back to Citation
 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). Back to Citation
 9.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 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. Back to Citation
 11.
    
                         
                        *See Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings; Final Rule,*88 FR 67069 (September 29, 2023). Back to Citation
 12.
    
                         
                        *See*19 CFR 351.212(b)(1). Back to Citation
 13.
    
                         
                        *See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 14.
    
                         
                        *See Order,*86 FR 62791. Back to Citation


[FR Doc. 2023-27321 Filed 12-11-23; 8:45 am] BILLING CODE 3510-DS-P