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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100965-100967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29321]

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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; 2022-2023

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). The period of review 
(POR) is November 1, 2022, through October 31, 2023. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 13, 2024.

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:

[[Page 100966]]

Background

    On November 12, 2021, Commerce published the antidumping duty (AD) 
order on aluminum foil from Brazil.\1\ On November 2, 2023, Commerce 
published in the Federal Register a notice of opportunity to request an 
administrative review of the Order.\2\ On December 29, 2023, based on 
timely requests for review,\3\ in accordance with 19 CFR 
351.221(c)(1)(i), Commerce initiated \4\ an administrative review of 
the Order with respect to CBA Itapissuma Ltda. (CBA Itapissuma) and 
Companhia Brasileira de Alum[iacute]nio (CBA 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, 88 FR 75270 (November 
2, 2023).
    \3\ See CBA's Letter, ``Request for Administrative Review,'' 
dated November 29, 2023. see also Petitioners' Letter, 
``Petitioners' Request for Initiation of Second Administrative 
Review,'' dated November 30, 2023.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 90168, 90170 (December 29, 2023) 
(Initiation Notice).
    \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 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 52867 (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 
also Memorandum, ``Decision Memorandum for the Preliminary Results 
of Antidumping Duty Administrative Review of Certain Aluminum Foil 
from Brazil; 2022-2023,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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    On July 17, 2024, we extended the deadline for the preliminary 
results until no later than November 21, 2024.\6\ On July 22, 2024, 
Commerce tolled certain deadlines in this administrative proceeding by 
seven days.\7\ On October 10, 2024, we fully extended the deadline of 
the preliminary results until no later than December 6, 2024.\8\ For a 
complete description of the events that followed the initiation of this 
administrative review, see the Preliminary Decision Memorandum.\9\
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    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated July 14, 
2024.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \8\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated October 
10, 2024.
    \9\ See Preliminary Decision Memorandum.
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Scope of the Order 10
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    \10\ See Order, 86 FR 62790.
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    The product covered by this 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) of the Act. Commerce has calculated export prices 
in accordance with section 772(a) of the Act. Normal value (NV) is 
calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying the 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics included in the Preliminary Decision Memorandum is attached as 
an appendix 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists for the period of November 1, 
2022, through October 31, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma.....       18.71
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in these preliminary results 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 accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce via ACCESS no later than 30 days after the date of 
publication of the preliminary results of review in the Federal 
Register.\11\ 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.\12\ 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.\13\
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    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ 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).
    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
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    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.\14\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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).\15\
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    \14\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \15\ 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, limited to issues raised in the case and rebuttal 
briefs, must submit a written request for a hearing to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS, by no later than 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice in the 
Federal Register. Hearing requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of persons from the 
party attending the hearing, whether any participant is a foreign 
national; and (3) a list of the 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

[[Page 100967]]

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.

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 issues raised in written briefs, no later than 120 days 
after publication of this notice in the Federal Register, pursuant to 
section 751(a)(3)(A) of the Act.

Assessment Rate

    Upon issuance of the final results of this administrative review, 
pursuant to section 751(a)(2)(A) of the Act, Commerce will determine, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\16\
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    \16\ 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.\17\
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    \17\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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.\18\ Commerce intends to issue assessment instructions 
regarding the individually examined respondents 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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    \18\ 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 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,\19\ 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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    \19\ 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.

Notification to Interested Parties

    This determination is issued and published 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: December 6, 2024.
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. 2024-29321 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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