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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Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52881 

11See message number 1187402 dated July 6, 

2021, ‘‘Discontinuation of suspension of liquidation 

in the countervailing duty investigation of 

aluminum foil from Turkey,’’ where Commerce 

discontinued the suspension of liquidation of 

entries effective July 3, 2021, the first day 

provisional measures were no longer in effect. 

Although the provisional measures resulting from 

the CVD investigation have expired, we note that 

this final determination will initiate the provisional 

measures with regard to the LTFV investigation. 

producers and/or exporters is equal to 

the estimated weighted-average 

dumping margin calculated for the 

single examined respondent, the Assan 

Single Entity, pursuant to section 

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

Final Determination 

The final estimated weighted-average 

dumping margins are as follows: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Assan Aluminyum Sanayi ve Ticaret A.S.; Kibar Dis Ticaret A.S.; and Ispak Esnek Ambalaj Sanayi A.S ............................... 2.28 

All Others ..................................................................................................................................................................................... 2.28 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in 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). 

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 suspend 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 the date of publication of this 

notice in the Federal Register. These 

suspension of liquidation instructions 

will remain in effect until further notice. 

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

the Act and 19 CFR 351.210(d), we will 

instruct CBP to require a cash deposit 

for estimated antidumping duties for 

such entries as follows: (1) The cash 

deposit rate for the companies listed 

above will be equal to the respondentspecific estimated weighted-average 

dumping margin determined in this 

final determination; (2) if the exporter is 

not a company identified above but the 

producer is identified above, then the 

cash deposit rate will be equal to the 

respondent-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. 

While Commerce normally adjusts 

cash deposits for estimated antidumping 

duties by the amount of export subsidies 

countervailed in a companion 

countervailing duty (CVD) proceeding 

when CVD provisional measures are in 

effect, we have not adjusted the 

estimated weighted-average dumping 

margins listed above because 

provisional measures in the companion 

CVD proceeding were no longer in effect 

as of July 3, 2021.11 However, if both 

antidumping and CVD orders are issued 

as a result of these LTFV and CVD 

investigations, respectively, Commerce 

will address the export subsidy offset to 

determine the cash deposit for estimated 

antidumping duties when the 

antidumping order is published. 

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 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 ‘‘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 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 

This determination and this notice are 

issued and published pursuant to 

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) 


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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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