52882 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from the Republic 

of Armenia: Preliminary Affirmative Determination 

of Sales at Less Than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 86 FR 23672 (May 4, 2021), (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Less-Than-Fair-Value Investigation of Certain 

Aluminum Foil from the Republic of Armenia,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

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

4See Certain Aluminum Foil from the Republic 

of Armenia, Brazil, the Sultanate of Oman, the 

Russian Federation, and the Republic of Turkey: 

Initiation of Less-Than-Fair-Value Investigations, 85 

FR 67711 (October 26, 2020) (Initiation Notice). 

5 Id. 

6See Memorandum, ‘‘Antidumping and 

Countervailing Duty Investigations of Certain 

Aluminum Foil from the Republic of Armenia, 

Brazil, the Sultanate of Oman, the Russian 

Federation, and the Republic of Turkey: 

Preliminary Scope Decision Memorandum,’’ dated 

April 27, 2021 (Preliminary Scope Decision 

Memorandum). 

7 Id. 

8The Aluminum Association Trade Enforcement 

Working Group and its individual members, 

Granges America Inc., JW Aluminum Company and 

Novelis Corporation constitute the petitioners. 

9See Petitioners’ Letter, ‘‘Certain Aluminum Foil 

from the Republic of Armenia, Brazil, the Sultanate 

of Oman, the Russian Federation, and the Republic 

of Turkey—Petitioners’ Final Scope Comments,’’ 

dated September 8, 2021. 

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. Changes from the Preliminary 

Determination 

IV. Discussion of the Issues 

Comment 1: Constructed Export Price 

Offset 

Comment 2: Management Fees as U.S. 

Indirect Selling Expenses 

Comment 3: Management Fees for NonSubject Products 

Comment 4: Bank Charges as Direct Selling 

Expenses 

Comment 5: Section 232 Duties 

Comment 6: Home-Market Rebates 

Comment 7: Duty Drawback 

Comment 8: Raw Material Metal Premium 

Costs 

Comment 9: Hedging Gains and Losses as 

Cost of Manufacture 

Comment 10: Adjustment to the Cost of 

Manufacture for Goods in Transit 

Comment 11: Manual Adjustment Ratio 

Comment 12: Packing Cost Offset in 

Reported Costs 

Comment 13: General and Administrative 

(G&A) Expenses 

Comment 14: Financial Expenses 

V. Recommendation 

[FR Doc. 2021–20534 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–831–804] 

Certain Aluminum Foil From the 

Republic of Armenia: Final Affirmative 

Determination of Sales at Less Than 

Fair Value 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that imports of 

certain aluminum foil (aluminum foil) 

from the Republic of Armenia (Armenia) 

are being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) for the period of investigation, 

January 1, 2020, through June 30, 2020. 

DATES: Applicable September 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Collins or 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) 482–6250 or 

(202) 482–1167, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 4, 2021, Commerce published 

in the Federal Register the preliminary 

affirmative determination in the LTFV 

investigation of aluminum foil from 

Armenia, and the postponement of the 

final determination until September 16, 

2021.1 We invited interested parties to 

comment on the Preliminary 

Determination. A summary of the events 

that occurred since Commerce 

published the Preliminary 

Determination may be found in the 

Issues and Decision Memorandum.2

Scope of the Investigation 

The product covered by this 

investigation is aluminum foil from 

Armenia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,3 the Initiation 

Notice 4 set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 Certain interested 

parties commented on the scope of the 

investigation as it appeared in the 

Initiation Notice, and we addressed 

these comments in the Preliminary 

Scope Decision Memorandum.6

Interested parties were provided an 

opportunity to comment on the 

Preliminary Scope Decision 

Memorandum.7 We received no scope 

case briefs requesting changes to the 

scope of the investigation from 

interested parties in any of the 

antidumping or countervailing duty 

investigations of aluminum foil from 

Armenia, Brazil, the Sultanate of Oman, 

the Russian Federation, and the 

Republic of Turkey. Additionally, we 

received a letter from the petitioners 8

urging Commerce to maintain the same 

scope language which was set forth in 

both the Initiation Notice or Preliminary 

Determination.9 Accordingly, 

Commerce is not modifying the scope 

language as it appeared in the Initiation 

Notice or Preliminary Determination, 

which was unchanged from the 

Initiation Notice. See Appendix I for the 

final scope of the investigation. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs that were submitted by 

parties in this investigation are 

addressed in the Issues and Decision 

Memorandum. A list of the issues 

addressed in the Issues and Decision 

Memorandum is attached to this notice 

as Appendix II. The Issues and 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 Issues and 

Decision Memorandum can be accessed 

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

frn/index.html. 

Verification 

Commerce was unable to conduct onsite verification of the information 

relied upon in making its final 

determination in this investigation. 

However, we took additional steps in 

lieu of an on-site verification to verify 

the information relied upon in making 

this final determination with respect to 

Rusal Armenal CJSC (Armenal), in 

accordance with section 782(i) of the 


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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52883 

10See Commerce’s Letter, dated June 15, 2021; 

see also Armenal Letter, ‘‘Certain Aluminum Foil 

from Armenia: RUSAL Armenal Response to 

Questionnaire in Lieu of Verification,’’ dated June 

24, 2021. 

11See Armenal Letter, ‘‘Certain Aluminum Foil 

from Armenia: RUSAL Armenal Supplemental 

Section D Questionnaire Response,’’ dated May 7, 

2021. 12See Memorandum, ‘‘Certain Aluminum Foil 

from Armenia: Allegation of a Ministerial Error in 

the Preliminary Affirmative Determination of Sales 

in the Less-Than-Fair-Value Investigation,’’ dated 

May 28, 2021. 13See Preliminary Determination PDM at 10–15. 

14See Enforcement and Compliance’s Policy 

Bulletin No. 05.1, regarding, ‘‘Separate-Rates 

Practice and Application of Combination Rates in 

Antidumping Investigations Involving Non-Market 

Economy Countries,’’ (April 5, 2005) (Policy 

Bulletin 05.1), available on Commerce’s website at 

http://enforcement.trade.gov/policy/bull05-1.pdf. 

Tariff Act of 1930, as amended (the 

Act).10

Changes Since the Preliminary 

Determination 

Based on our analysis of information 

provided at Commerce’s request by 

Armenal after the Preliminary 

Determination,11 the comments 

received, our findings related to our 

request for information in lieu of 

verification, and our correction of 

ministerial errors timely alleged 

following the Preliminary 

Determination,12 we have made certain 

changes to the margin calculations for 

Armenal. For a discussion of these 

changes, see the Issues and Decision 

Memorandum. 

Separate Rate Companies 

No party commented on our 

preliminary separate rate determination 

with respect to the mandatory 

respondent.13 Thus, there is no basis to 

reconsider our preliminary 

determination with respect to separate 

rate status, and we have continued to 

grant Armenal a separate rate in this 

final determination. In light of these 

changes to the margin calculations and 

the resulting revised estimated weighted 

average dumping margin for Armenal, 

we have also revised the Armenia-wide 

rate. For a discussion of these changes, 

see the Issues and Decision 

Memorandum. 

Combination Rates 

Consistent with the Preliminary 

Determination and Policy Bulletin 

05.1,14 Commerce calculated 

combination (producer/exporter) rates 

for the respondent that is eligible for a 

separate rate in this investigation. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Producer Exporter 

Estimated 

weighted-average 

dumping margin 

(percent) 

Rusal Armenal CJSC ............................................................. Rusal Products GmbH ........................................................... 29.11 

Rusal Armenal CJSC ............................................................. Rusal Marketing GmbH .......................................................... 29.11 

Armenia-Wide Entity ............................................................... ................................................................................................. 29.11 

Disclosure 

We intend to disclose the calculations 

performed in this final determination 

within five days of the date of 

publication of this notice to parties in 

this proceeding in accordance with 19 

CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct U.S. Customs and Border 

Protection (CBP) to continue to suspend 

the liquidation of all appropriate entries 

of subject merchandise, as described in 

Appendix I of this notice, entered, or 

withdrawn from warehouse, for 

consumption on or after May 4, 2021, 

the date of publication in the Federal 

Register of the affirmative Preliminary 

Determination. 

Further, pursuant to section 

733(d)(1)(B) of the Act and 19 CFR 

351.205(d), Commerce will instruct CBP 

to require a cash deposit equal to the 

weighted average amount by which NV 

exceeds U.S. price, as indicated in the 

chart above, as follows: (1) For the 

producer/exporter combinations listed 

in the table above, the cash deposit rate 

is equal to the estimated weightedaverage dumping margin listed for that 

combination in the table; (2) for all 

combinations of Armenia producers/ 

exporters of merchandise under 

consideration that have not established 

eligibility for their own separate rates, 

the cash deposit rate will be equal to the 

estimated weighted-average dumping 

margin established for the Armeniawide entity; and (3) for all third-county 

exporters of merchandise under 

consideration not listed in the table 

above, the cash deposit rate is the cash 

deposit rate applicable to the Armenia 

producer/exporter combination (or the 

Armenia-wide entity) that supplied that 

third-country exporter. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

International Trade Commission (ITC) 

Notification 

In accordance with section 735(d) of 

the Act, we will notify the International 

Trade Commission (ITC) of the final 

affirmative determination of sales at 

LTFV. Because Commerce’s final 

determination is affirmative, in 

accordance with section 735(b)(2) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports or 

sales (or the likelihood of sales) for 

importation of aluminum foil no later 

than 45 days after this final 

determination. If the ITC determines 

that such injury does not exist, this 

proceeding will be terminated, and all 

cash deposits posted will be refunded 

and suspension of liquidation will be 

lifted. If the ITC determines that such 

injury does exist, Commerce will issue 

an antidumping duty order directing 

CBP to assess, upon further instruction 

by Commerce, antidumping duties on 

all imports of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Notification Regarding Administrative 

Protective Orders 

This notice will serve as a final 

reminder to the 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 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. 


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52884 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from the Republic 

of Turkey: Preliminary Affirmative Countervailing 

Duty Determination, and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 86 FR 12911 (March 5, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of Certain 

Aluminum Foil from the Republic of Turkey,’’ 

dated concurrently with, and hereby adopted by, 

this notice (Issues and Decision Memorandum). 

3See Antidumping Duties; Countervailing Duties, 

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

(Preamble). 

4See 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). 

5 Id., 85 FR at 68288. 

6See Memorandum, ‘‘Preliminary Scope 

Determination and Comment Period,’’ dated 

September 3, 2021 (containing the Memorandum, 

‘‘Antidumping and Countervailing Duty 

Investigations of Certain Aluminum Foil from the 

Republic of Armenia, Brazil, the Sultanate of Oman, 

the Russian Federation, and the Republic of Turkey: 

Preliminary Scope Decision Memorandum,’’ dated 

April 27, 2021 (Preliminary Scope Decision 

Memorandum)). 

7 Id. 

8The Aluminum Association Trade Enforcement 

Working Group and its individual members, 

Granges America Inc., JW Aluminum Company and 

Novelis Corporation constitute the petitioners. 

9See Petitioners’ Letter, ‘‘Petitioners’ Final Scope 

Comments,’’ dated September 8, 2021. 

Notification to Interested Parties 

This determination is issued and 

published in accordance with sections 

735(d) and 777(i)(1) of the Act and 19 

CFR 351.210(c). 

Dated: September 16, 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 

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. Armenia-Wide Rate 

IV. Affiliation 

V. Changes Since the Preliminary 

Determination 

VI. Discussion of the Issues 

Comment 1: Surrogate Country Selection 

Comment 2: Surrogate Value for Electricity 

Comment 3: Conversion Factor for 

Polyether Packing Tape 

Comment 4: Conversion Factor for Sawn 

Timber 

Comment 5: Global Trade Atlas (GTA) Data 

from South Africa 

VII. Recommendation 

[FR Doc. 2021–20539 Filed 9–22–21; 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: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) 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. 

DATES: Applicable September 23, 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 

On March 5, 2021, Commerce 

published the Preliminary 

Determination in the Federal Register.1

In the Preliminary Determination, and 

in accordance with section 705(a)(1) of 

the Tariff Act of 1930, as amended (the 

Act), and 19 CFR 351.210(b)(4), 

Commerce aligned the final 

determination of this countervailing 

duty (CVD) investigation with the final 

determination in the companion 

antidumping duty (AD) investigation of 

aluminum foil from Turkey. 

A summary of the events that 

occurred since Commerce published the 

Preliminary Determination may be 

found in the Issues and Decision 

Memorandum.2 The Issues and 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 Issues and 

Decision Memorandum can be accessed 

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

frn/. 

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,3 the Initiation 

Notice 4 set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).5 Certain interested 

parties commented on the scope of this 

investigation as it appeared in the 

Initiation Notice, and we addressed 

these comments in the Preliminary 

Scope Decision Memorandum.6

Interested parties were provided an 

opportunity to comment on the 

Preliminary Scope Decision 

Memorandum.7 We received no scope 

case briefs requesting changes to the 

scope of the investigation from 

interested parties in any of the AD or 

CVD investigations of aluminum foil 

from the Republic of Armenia, Brazil, 

the Sultanate of Oman, the Russian 

Federation, and Turkey. Additionally, 

we received a letter from the 

petitioners 8 urging Commerce to 

maintain the same scope language 

which was set forth in both the 

Initiation Notice or Preliminary 

Determination.9 Accordingly, 


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