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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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52879 

10See Petitioners’ Letter, ‘‘Certain Aluminum Foil 

from Armenia, Brazil, Oman, Russia, and Turkey— 

Petitioners’ Supplement to Volume V Relating to a 

Request for the Imposition of Antidumping Duties 

on Imports from Russia,’’ dated October 6, 2020 at 

4 and Exhibit AD–RU–S1–3; see also Initiation 

Notice, 85 FR at 67714; see also Memorandum, 

‘‘Certain Aluminum Foil from Russia Antidumping 

Duty Investigation Initiation Checklist,’’ dated 

October 19, 2020 at 8. 

All-Others Rate 

Sections 733(d)(1)(A)(ii) and 

735(c)(5)(A) of the Act provide that the 

estimated weighted-average 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. Pursuant 

to section 735(c)(5)(B) of the Act, if the 

estimated weighted-average dumping 

margins established for all exporters and 

producers individually examined are 

zero, de minimis, or determined based 

entirely on facts otherwise available, 

Commerce may use any reasonable 

method to establish the estimated 

weighted-average dumping margin for 

all other producers and exporters. 

Commerce continues to determine the 

estimated weighted-average dumping 

margin for Rusal based entirely on AFA, 

as stipulated in section 776 of the Act. 

Pursuant to section 735(c)(5)(B) of the 

Act, Commerce’s normal practice under 

these circumstances has been to 

calculate the all-others rate as a simple 

average of the alleged dumping margins 

from the petition. There is a single 

dumping margin alleged in the Petition 

(i.e., 62.18 percent); 10 accordingly, we 

have used that rate as the estimated 

weighted-average dumping margin for 

all other producers and exporters. 

Final Determination 

Commerce determines that the 

following estimated weighted-average 

dumping margins exist: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Rusal Marketing GmbH/Rusal Products 

GmbH/RTI Limited/JSC United Company Rusal—Trading House/JSC 

Rusal Sayanal/JSC Ural Foil ............. * 62.18 

All Others .............................................. * 62.18 

Disclosure 

Normally, Commerce discloses its 

calculations and analysis performed to 

interested parties within five days of 

any public announcement or, if there is 

no public announcement, within five 

days of the date of publication of the 

notice of final determination in the 

Federal Register, in accordance with 19 

CFR 351.224(b). However, because we 

applied AFA and performed no margin 

calculations, no disclosure will be made 

in this final determination. 

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, we will instruct 

U.S. Customs and Border Protection 

(CBP) to continue to suspend 

liquidation of all appropriate entries of 

certain aluminum foil from Russia, as 

described in the appendix to this notice, 

which were entered, or withdrawn from 

warehouse, for consumption on or after 

May 4, 2021, the date of publication of 

the Preliminary Determination in the 

Federal Register. Pursuant to section 

735(c)(1)(B)(ii) of the Act, upon the 

publication of this notice, Commerce 

will instruct CBP to require a cash 

deposit as follows: (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 

a respondent identified above, but the 

producer is, then the cash deposit rate 

will be equal to the company-specific 

estimated weighted-average 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 allothers estimated weighted-average 

dumping margin. 

These suspension of liquidation 

instructions will remain in effect until 

further notice. 

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 the final determination 

in this proceeding 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 of 

subject merchandise from Russia no 

later than 45 days after our 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. 

If the ITC determines that such injury 

does exist, Commerce will issue an AD 

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. 

Notification Regarding Administrative 

Protective Orders 

This notice serves as the only 

reminder to parties subject to an 

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 violation subject to sanction. 

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 

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, 


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52880 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from the Republic 

of Turkey: Preliminary Negative Determination of 

Sales at Less Than Fair Value, Postponement of 

Final Determination, 86 FR 23686 (May 4, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Affirmative 

Determination in the Less-Than-Fair-Value 

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). 

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 Americas 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. 

10See Commerce’s Letter, in-lieu of on-site 

Verification Questionnaire to the Assan Single 

Entity, dated July 9, 2021. Commerce determines 

that Assan Aluminyum Sanayi ve Ticaret A.S.; 

Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj 

Sanayi A.S. are a single entity (collectively, the 

Assan Single Entity). See the ‘‘Affiliation and Single 

Entity Treatment’’ section of the Issues and 

Decision Memorandum. 

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. 

[FR Doc. 2021–20540 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–844] 

Certain Aluminum Foil From the 

Republic of Turkey: 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 Turkey (Turkey) 

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

United States at less than fair value 

(LTFV) during the period of 

investigation, July 1, 2019, through June 

30, 2020. 

DATES: Applicable September 23, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Hansen, AD/CVD Operations, 

Office I, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3683. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 4, 2021, Commerce published 

in the Federal Register its preliminary 

negative determination in the LTFV 

investigation of aluminum foil from 

Turkey, in which it also postponed 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 

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 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 LTFV or 

countervailing duty 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 See Appendix I to this 

notice 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 

at 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. 

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, 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, we made certain 

changes to the margin calculations for 

this final determination. 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 (i.e., facts otherwise 

available). Commerce calculated an 

individual estimated weighted-average 

dumping margin for the Assan Single 

Entity, the only individually examined 

exporter or producer in this 

investigation. Because the only 

individually calculated estimated 

weighted-average dumping margin is 

not zero, de minimis, or based entirely 

on facts otherwise available, the 

estimated weighted-average dumping 

margin calculated for all other 


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