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, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52885 

10See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Certain Aluminum Foil from the 

Republic of Turkey—Request for Documentation,’’ 

dated March 15, 2021. 

11See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

12See sections 776(a) and (b) of the Act. 

13Commerce also selected Kibar Dis as a 

mandatory company respondent in this 

investigation. However, Commerce has found Kibar 

Dis to be a cross-owned affiliate of Assan, and we 

are not calculating a separate subsidy rate for Kibar 

Dis. 

14Commerce has found Kibar Dis, Kibar Holding, 

and Ispak Esnek Ambalaj Sanayi A.S. to be crossowned, pursuant to 19 CFR 351.525(b)(6)(vi), with 

Assan Aluminyum Sanayi ve Ticaret A.S. 

Commerce is not modifying the scope 

language as it appeared in the Initiation 

Notice or Preliminary Determination. 

See Appendix I for the final scope of the 

investigation. 

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 on-site verification to verify the 

information relied upon in making this 

final determination, in accordance with 

section 782(i) of the Act.10

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation, and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation, are discussed in the 

Issues and Decision Memorandum. For 

a list of the issues raised by parties, and 

to which we responded in the Issues 

and Decision Memorandum, see 

Appendix II of this notice. 

Methodology 

Commerce conducted this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.11 For a full 

description of the methodology 

underlying our final determination, see 

the Issues and Decision Memorandum. 

Commerce notes that, in making these 

findings, it relied, in part, on facts 

otherwise available and, because 

Commerce finds that the Government of 

Turkey did not act to the best of its 

ability to respond to Commerce’s 

requests for information, Commerce 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.12 For further 

information, see the section entitled 

‘‘Use of Facts Otherwise Available and 

Application of Adverse Inferences’’ in 

the Issues and Decision Memorandum. 

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, we 

made certain changes to the subsidy rate 

calculations for Assan Aluminyum 

Sanayi ve Ticaret A.S. (Assan) and its 

cross-owned affiliates Ispak Esnek 

Ambalaj Sanayi A.S., Kibar Holding, 

and Kibar Dis Ticaret A.S. (Kibar Dis). 

For a discussion of these changes, see 

the Issues and Decision Memorandum. 

All-Others Rate 

Section 705(c)(5)(A) of the Act 

provides that in the final determination, 

Commerce shall determine an estimated 

all-others rate for companies not 

individually examined. This rate shall 

be an amount equal to the weighted 

average of the estimated subsidy rates 

established for those companies 

individually examined, excluding any 

rates that are zero, de minimis, or based 

entirely under section 776 of the Act. 

In this investigation, we continue to 

calculate the all-others rate using the 

estimated weighted-average rate 

calculated for Assan and its crossowned affiliates.13

Final Determination 

Commerce determines that the 

following countervailable subsidy rates 

exist: 

Producer/exporter Subsidy rate 

(percent) 

Assan Aluminyum Sanayi ve 

Ticaret A.S14 .................... 2.60 

All Others .............................. 2.60 

Disclosure 

Commerce intends to disclose to 

interested parties its calculations and 

analysis performed in this final 

determination within five days of its 

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 

As a result of our Preliminary 

Determination and pursuant to sections 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce instructed U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after March 5, 2021, 

the date of publication of the 

Preliminary Determination in the 

Federal Register. In accordance with 

section 703(d) of the Act, effective July 

3, 2021, we instructed CBP to 

discontinue the suspension of 

liquidation of all entries at that time, but 

to continue the suspension of 

liquidation of all entries from March 5, 

2021, through July 2, 2021. 

If the U.S. International Trade 

Commission (ITC) issues a final 

affirmative injury determination, we 

will issue a CVD order, reinstate the 

suspension of liquidation, and require a 

cash deposit of estimated countervailing 

duties for such entries of subject 

merchandise in the amounts indicated 

above, in accordance with section 706(a) 

of the Act. If the ITC determines that 

material injury, or threat of material 

injury, does not exist, this proceeding 

will be terminated, and all estimated 

duties deposited or securities posted as 

a result of the suspension of liquidation 

will be refunded or canceled. 

ITC Notification 

In accordance with section 705(d) of 

the Act, Commerce will notify the ITC 

of its final affirmative determination 

that countervailable subsidies are being 

provided to producers and exporters of 

aluminum foil from Turkey. As 

Commerce’s final determination is 

affirmative, in accordance with section 

705(b) of the Act, the ITC will 

determine, within 45 days, whether the 

domestic industry in the United States 

is materially injured or threatened with 

material injury. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Notification Regarding APO 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the APO of their 

responsibility concerning the 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 


lotter on DSK11XQN23PROD with NOTICES1
52886 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from Brazil: 

Preliminary Affirmative Determination of Sales at 

Less Than Fair Value, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 86 FR 23678 (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 

Brazil,’’ 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. 

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 (Petitioners’ Final Scope 

Comments). On September 13, 2021, Commerce 

received a letter requesting that Commerce reject 

Petitioners’ Final Scope Comments, to which 

Commerce rejected this request in its reply on 

September 15, 2021. See Matthew McConkey’s 

Letter, ‘‘Certain Aluminum Foil from Armenia, 

Brazil, the Sultanate of Oman, the Russian 

Federation, and the Republic of Turkey: Comments 

Regarding Solicitation of Final Scope Comments,’’ 

dated September 13, 2021; see also Commerce’s 

Letter, ‘‘Antidumping Duty Investigations on 

Certain Aluminum Foil from Armenia, Brazil, the 

APO is a violation which is subject to 

sanction. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 705(d) 

and 771(i) 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. Subsidies Valuation Information 

IV. Use of Facts Otherwise Available and 

Application of Adverse Inferences 

V. Analysis of the Programs 

VI. Discussion of the Issues 

Comment 1: Whether to Revise the Sales 

Denominators 

Comment 2: Whether to Use Total Sales as 

the Denominator for the Exemptions on 

Exchange Tax for Foreign Exchange 

Transactions 

Comment 3: How to Compute the Benefit 

Calculation for the Rediscount Loan 

Program and the Export-Oriented 

Working Capital Credit Program 

Comment 4: Whether to Apply Adverse 

Facts Available (AFA) to ‘‘Other’’ 

Subsidy Programs 

Comment 5: Whether Certain Ministerial 

Errors Exist 

Comment 6: Whether the Value-Added-Tax 

(VAT) Exemption on the Acquisition of 

Operating Rights Provided a Measurable 

Benefit to Assan 

VII. Recommendation 

[FR Doc. 2021–20535 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–351–856] 

Certain Aluminum Foil From Brazil: 

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 Brazil are being, or are likely to be, 

sold in the United States at less than fair 

value (LTFV) for the period of 

investigation (POI) July 1, 2019, through 

June 30, 2020. 

DATES: Applicable September 23, 2021. 

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: 

Background 

On May 4, 2021, Commerce published 

in the Federal Register the preliminary 

affirmative determination, and 

postponement of the final determination 

until September 16, 2021, in the LTFV 

investigation of aluminum foil from 

Brazil.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 

Brazil. 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 However, we received 

no scope case briefs requesting changes 

to the scope of the investigation from 

interested parties in any of the 

antidumping duty 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.8 Additionally, we received a 


lotter on DSK11XQN23PROD with NOTICES1