52876 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from the Sultanate 

of Oman: Preliminary Affirmative Determination of 

Sales at Less than Fair Value, Postponement of 

Final Determination, and Extension of Provisional 

Measures, 86 FR 23681 (May 4, 2021) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2See Memorandum, ‘‘Decision Memorandum for 

the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Certain Aluminum 

Foil from the Sultanate of Oman,’’ 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. 

Park, State Road 70 and I–95, Fort 

Pierce. 

The grantee’s proposed service area 

under the ASF would be St. Lucie 

County, Indian River County and 

Okeechobee County, Florida, as 

described in the application. If 

approved, the grantee would be able to 

serve sites throughout the service area 

based on companies’ needs for FTZ 

designation. The application indicates 

that the proposed service area is within 

and adjacent to the Fort Pierce U.S. 

Customs and Border Protection Customs 

Station. 

The applicant is requesting authority 

to reorganize its existing zone to include 

all of the existing sites as ‘‘magnet’’ 

sites. The ASF allows for the possible 

exemption of one magnet site from the 

‘‘sunset’’ time limits that generally 

apply to sites under the ASF, and the 

applicant proposes that Site 1 be so 

exempted. No subzones/usage-driven 

sites are being requested at this time. 

In accordance with the FTZ Board’s 

regulations, Christopher Kemp of the 

FTZ Staff is designated examiner to 

evaluate and analyze the facts and 

information presented in the application 

and case record and to report findings 

and recommendations to the FTZ Board. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the FTZ Board’s Executive 

Secretary and sent to: ftz@trade.gov. The 

closing period for their receipt is 

November 22, 2021. Rebuttal comments 

in response to material submitted 

during the foregoing period may be 

submitted during the subsequent 15-day 

period to December 7, 2021. 

A copy of the application will be 

available for public inspection in the 

‘‘Online FTZ Information Section’’ 

section of the FTZ Board’s website, 

which is accessible via www.trade.gov/ 

ftz. For further information, contact 

Christopher Kemp at 

Christopher.Kemp@trade.gov. 

Dated: September 17, 2021. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2021–20586 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–523–815] 

Certain Aluminum Foil From the 

Sultanate of Oman: 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 Sultanate of Oman (Oman) are 

being, or are likely to be, sold at less 

than fair value (LTFV). The period of 

investigation (POI) is July 1 2019, 

through June 30, 2020. 

DATES: Applicable September 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin A. Smith, 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) 482–2181. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 4, 2021, Commerce published 

the Preliminary Determination of this 

LTFV investigation in the Federal 

Register, in which we also postponed 

the final determination until September 

16, 2021.1 This investigation concerns 

one mandatory respondent, Oman 

Aluminium Rolling Company LLC 

(OARC). We invited interested parties to 

comment on the Preliminary 

Determination. A complete summary of 

the events that have occurred since 

publication of 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 the 

Sultanate of 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,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 

briefs requesting changes to the scope of 

the antidumping or countervailing duty 

investigations of aluminum foil from the 

Republic of 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. 

See the appendix to this notice for the 

final scope of the investigation. 

Analysis of Comments Received 

We addressed all issues raised in the 

case and rebuttal briefs in the Issues and 

Decision Memorandum, which is hereby 

adopted by this notice. The issues are 

identified in Appendix II of this notice. 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52877 

10See Commerce’s Letter, ‘‘Questionnaire in Lieu 

of Verification for Oman Aluminium Rolling 

Company LLC,’’ dated June 4, 2021; see also 

OARC’s Letter, ‘‘Aluminum Foil from Oman: 

Response Questionnaire in Lieu of Verification,’’ 

dated June 11, 2021. 

11See unpublished Federal Register notice, 

‘‘Certain Aluminum Foil from the Sultanate of 

Oman: Final Affirmative Countervailing Duty 

Determination,’’ dated concurrently with this 

notice. 

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/. 

Verification 

Commerce was unable to conduct onsite verification of the official record 

when making our 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, in accordance with 

section 782(i) of the Tariff Act of 1930, 

as amended (the Act).10

Changes Since the Preliminary 

Determination 

Based on our analysis of the 

comments received from parties, we 

have made certain revisions to the 

margin calculation for OARC. For a 

discussion of these changes, see the 

‘‘Changes from the Preliminary 

Determination’’ section of the Issues and 

Decision Memorandum. 

All-Others Rate 

Section 735(c)(5)(A) of the Act 

provides that the estimated weightedaverage dumping margin for all other 

producers and exporters not 

individually investigated shall be equal 

to the weighted average of the estimated 

weighted-average dumping margins 

established for exporters and producers 

individually investigated excluding 

rates that are zero, de minimis, or 

determined entirely under section 776 

of the Act. 

Commerce calculated an individual 

estimated weighted-average dumping 

margin for OARC, the only individuallyexamined exporter/producer in this 

investigation. Because the only 

individually calculated dumping margin 

is not zero, de minimis, or based 

entirely on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for OARC is the 

margin assigned to all other producers 

and exporters, pursuant to section 

735(c)(5)(A) of the Act. 

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Producers/Exporters 

Weightedaverage 

dumping 

margins 

(percent) 

Oman Aluminium Rolling Company 

LLC (OARC) ...................................... 3.89 

All Others .............................................. 3.89 

Disclosure 

Commerce intends to disclose to 

interested parties the calculations 

performed for this final determination 

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). 

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. 

Pursuant to section 735(c)(1)(B)(ii) of 

the Act and 19 CFR 351.210(d), where 

appropriate, we will instruct CBP to 

require a cash deposit for such entries 

of merchandise equal to the following: 

(1) The cash deposit rate for the 

respondents listed above will be equal 

to the company-specific estimated 

weighted-average dumping margins 

determined in this final determination; 

(2) if the exporter is not identified 

above, but the producer is, then the cash 

deposit rate will be equal to the 

company-specific estimated weightedaverage dumping margin established for 

that producer of the subject 

merchandise; and (3) the cash deposit 

rate for all other producers and 

exporters will be equal to the all-others 

estimated weighted-average dumping 

margin. These suspension of liquidation 

instructions will remain in effect until 

further notice. 

To determine the cash deposit rate, 

Commerce normally adjusts the 

estimated weighted-average dumping 

margin by the amount of export 

subsidies countervailed in a companion 

CVD proceeding, when CVD provisional 

measures are in effect. Accordingly, 

where we preliminarily make an 

affirmative determination for 

countervailable export subsidies, we 

offset the estimated weighted-average 

dumping margin by the appropriate 

CVD rate. However, in the companion 

CVD final determination, we did not 

countervail any export subsidies.11

Accordingly, we made no adjustment 

for export subsidy offsets to the 

estimated weighted-average dumping 

margin. 

International Trade Commission 

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 Order 

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 return/ 

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 

This determination and this notice are 

issued and published in accordance 

with sections 735(d) and 777(i)(1) of the 

Act, and 19 CFR 351.210(c). 


lotter on DSK11XQN23PROD with NOTICES1
52878 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from Russia: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 86 FR 23683 (May 4, 2021) (Preliminary 

Determination), and accompanying Preliminary 

Decision Memorandum. 

2See Antidumping Duties; Countervailing Duties, 

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

3See 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). 

4See Initiation Notice. 

5See 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). 

6 Id. 

7The Aluminum Association Trade Enforcement 

Working Group and its individual members, 

Granges America Inc., JW Aluminum Company and 

Novelis Corporation constitute the petitioners. 

8See 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. 

9See Preliminary Determination, 86 FR at 23685. 

Dated: September 16, 2021. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations. 

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 Final Decision Memorandum 

I. Summary 

II. Background 

III. Changes Since the Preliminary 

Determination 

IV. Discussion of Comments 

Comment 1: Whether Commerce Should 

Continue to Find that OARC is Affiliated 

with Sohar Aluminium by Means of 

Common Control of Both Entities by OQ 

Comment 2: Whether the Price Used by 

Commerce for Sohar Aluminium’s Input 

Purchased from an Affiliated Party is an 

Appropriate Market Price 

Comment 3: Whether Commerce Made 

Clerical Errors when Calculating Total 

Cost of Manufacturing and Currency 

Conversions of Third Country Market 

Variables 

V. Recommendation 

[FR Doc. 2021–20538 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–821–828] 

Certain Aluminum Foil From the 

Russian Federation: 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 from the Russian 

Federation (Russia) are being, or are 

likely to be, sold in the United States at 

less than fair value (LTFV). The period 

of investigation is July 1, 2019, through 

June 30, 2020. 

DATES: Applicable September 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. Heaney, 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) 482–4475. 

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 

Russia, and postponement of final 

determination until September 16, 

2021.1 We invited interested parties to 

comment on the Preliminary 

Determination. We received no 

comments from interested parties. 

Accordingly, the final determination is 

unchanged from the Preliminary 

Determination. 

Scope of the Investigation 

The product covered by this 

investigation is aluminum foil from 

Russia. For a complete description of 

the scope of this investigation, see the 

appendix to this notice. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,2 the Initiation 

Notice 3 set aside a period of time for 

parties to raise issues regarding product 

coverage (i.e., scope).4 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.5

Interested parties were provided an 

opportunity to comment on the 

Preliminary Scope Decision 

Memorandum.6 We received no scope 

briefs requesting changes to the scope of 

the antidumping or countervailing duty 

investigations of aluminum foil from the 

Republic of Armenia, Brazil, the 

Sultanate of Oman, the Russian 

Federation, and the Republic of Turkey. 

Additionally, we received a letter from 

the petitioners 7 urging Commerce to 

maintain the same scope language 

which was set forth in both the 

Initiation Notice or Preliminary 

Determination.8 Accordingly, 

Commerce is not modifying the scope 

language as it appeared in the Initiation 

Notice or Preliminary Determination. 

See the appendix to this notice for the 

final scope of the investigation. 

Verification 

Rusal Marketing GmbH, Rusal 

Products GmbH, RTI Limited, JSC 

United Company Trading House, JSC 

Rusal Sayanal, and JSC Ural Foil 

(collectively, Rusal), the sole mandatory 

respondent in this investigation, 

declined to participate and did not 

provide information requested by 

Commerce. Therefore, Commerce 

reached the Preliminary Determination 

entirely on the basis of facts available 

with the application of adverse 

inferences (AFA). Accordingly, because 

the Preliminary Determination was 

based entirely on AFA, Commerce 

conducted no verification of Rusal 

pursuant to section 782(i) of the Tariff 

Act of 1930, as amended (the Act).9


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