52888 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

1See Certain Aluminum Foil from the Sultanate 

of Oman: Preliminary Affirmative Countervailing 

Duty Determination and Alignment of Final 

Determination With Final Antidumping Duty 

Determination; 86 FR 12913 (March 5, 2021) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum (PDM). 

2See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of Certain 

Aluminum Foil from the Republic 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) 

(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 (Preliminary Scope Decision 

Memorandum). 

7 Id. 

Brazil 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withdrawn from warehouse, for 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. 

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). 

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. Changes Since the Preliminary 

Determination 

IV. Discussion of the Issues 

V. Recommendation 

[FR Doc. 2021–20537 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–523–816] 

Certain Aluminum Foil From the 

Sultanate of Oman: 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 Sultanate of Oman (Oman) 

during the period of investigation, 

January 1, 2019, through December 31, 

2019. 

DATES: Applicable September 23, 2021. 

FOR FURTHER INFORMATION CONTACT: John 

Conniff, 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) 482–1009. 

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 Oman. 

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 

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 the 

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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52889 

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. 

10See Commerce’s Letter, ‘‘Countervailing Duty 

Investigation of Certain Aluminum Foil from the 

Sultanate of Oman: In Lieu of Verification 

Questionnaire,’’ dated July 13, 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. 

12OARC identified three companies as crossowned companies with a reporting obligation: 

Takamul Investment Company LLC (Takamul), OQ 

SAOC (OQ) (formerly known as Oman Oil Company 

SAOC), and Sohar Paper Cores LLC (SPC). See 

Preliminary Determination PDM at 6. 

no scope case briefs requesting changes 

to the scope of the AD or CVD 

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 

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. 

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 Oman Aluminium 

Rolling Company LLC (OARC). 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 OARC and its crossowned affiliates.12

Final Determination 

Commerce determines that the 

following estimated countervailable 

subsidy rates exist: 

Producer/exporter Subsidy rate 

(percent) 

Oman Aluminium Rolling 

Company LLC ................... 1.93 

All Others .............................. 1.93 

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 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 Oman. 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 

APO is a violation which is subject to 

sanction. 


lotter on DSK11XQN23PROD with NOTICES1
52890 Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 

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. 

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 Issues and 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Investigation 

IV. Period of Investigation 

V. Subsidies Valuation Information 

VI. Analysis of the Programs 

VII. Discussion of the Comments 

Comment 1: Whether Commerce Should 

Amend its Preliminary Finding 

Regarding OARC’s Financing 

Comment 2: Whether Commerce Should 

Revise Its Preliminary Subsidy Findings 

Regarding the Provision of Land for 

LTAR Program 

Comment 3: Selection of the Benchmark 

for the Provision of Land for LTAR 

Program 

Comment 4: Whether Commerce Should 

Revise its Preliminary Subsidy Findings 

Regarding the Provision of Electricity for 

LTAR Program 

Comment 5: Calculation of the Benefit for 

the Provision of Electricity for LTAR 

Program 

Comment 6: Whether Commerce Should 

Revise OARC’s Sales Denominator 

VIII. Recommendation 

[FR Doc. 2021–20536 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB438] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The New England Fishery 

Management Council’s is convening its 

Scientific and Statistical Committee 

(SSC) via webinar to consider actions 

affecting New England fisheries in the 

exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This webinar will be held on 

Wednesday, October 13, 2021, 

beginning at 9 a.m. Webinar registration 

information: https://attendee.

gotowebinar.com/register/132702409

1005335819. Call in information: +1 

(562) 247–8422, Access Code: 606–978– 

888. 

ADDRESSES: The meeting will be held 

via webinar. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council; telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Scientific and Statistical 

Committee will meet to review the 

information provided by the Council’s 

Scallop Plan Development Team and 

recommend the overfishing limits 

(OFLs) and acceptable biological catches 

(ABCs) for Atlantic sea scallops for 

fishing years 2022 and 2023 (default). 

Consider other business as 

necessary.Although non-emergency 

issues not contained on the agenda may 

come before this Council for discussion, 

those issues may not be the subject of 

formal action during this meeting. 

Council action will be restricted to those 

issues specifically listed in this notice 

and any issues arising after publication 

of this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 20, 2021. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–20596 Filed 9–22–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB443] 

Pacific Fishery Management Council; 

Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

will hold an online meeting that is not 

open to the public. 

DATES: The Pacific Council will meet 

online Tuesday, October 12, 2021, 

beginning at 8 a.m. Pacific Daylight 

Time (PDT). The meeting will consist 

only of a Closed Session to address the 

employment matter of hiring a new 

executive director. The Pacific Council 

will meet as late as necessary to 

complete its scheduled business. 

ADDRESSES: The meeting of the Pacific 

Council will be by webinar only. 

Specific meeting information, including 


lotter on DSK11XQN23PROD with NOTICES1