[Federal Register Volume 86, Number 182 (Thursday, September 23, 2021)]
[Notices]
[Pages 52886-52888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20537]


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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\
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    \1\ See 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.
    \2\ See 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).
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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

[[Page 52887]]

letter from the petitioners 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,\10\ 
which was unchanged from the Initiation Notice. See Appendix I for the 
final scope of the investigation.
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    \3\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \4\ See 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.
    \6\ See 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.
    \8\ See 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 Sultanate of Oman, Russia, and the 
Republic of Turkey and Countervailing Duty Investigations of Certain 
Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: 
Request to Reject Submission,'' dated September 15, 2021.
    \9\ See Petitioners' Final Scope Comments.
    \10\ Id.
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Analysis of Comments Received

    All the 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/.

Verification

    Commerce was unable to conduct on-site 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 Companhia Brasileira de Alum[iacute]nio 
\11\ and CBA Itapissuma (collectively, CBA), in accordance with section 
782(i) of the Tariff Act of 1930, as amended (the Act).\12\
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    \11\ Counsel for this respondent clarified that the correct 
spelling of the company's name is Companhia Brasileira de 
Alum[iacute]nio. See CBA's Letter, ``Aluminum Foil from Brazil: Case 
Brief,'' dated July 9, 2021 at 1.
    \12\ See Commerce's Letter, ``Remote Verification--Request for 
Documentation,'' dated June 15, 2021; see also CBA's Letter, 
``Aluminum Foil from Brazil: Response to the Questionnaire in Lieu 
of On-Site Verification,'' dated June 24, 2021. Commerce did not 
issue a similar request for documentation from the mandatory 
respondent, Arconic Ind. E Com de Metias LTDA (Arconic), because 
Arconic failed to timely respond to Commerce's questionnaires prior 
to the Preliminary Determination. See Preliminary Determination.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings 
related to our request for information in lieu of verification, we have 
made certain changes to the margin calculations for CBA. In light of 
these changes to the margin calculations and the resulting revised 
estimated weighted-average dumping margin for CBA, we have also revised 
the all-others rate. For a discussion of these changes, see the Issues 
and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides 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.
    Commerce calculated an individual estimated weighted-average 
dumping margin for CBA and assigned a rate based entirely on facts 
available to Arconic, the two respondents selected for individual 
examination in this investigation. Because the only individually 
calculated dumping margin not zero, de minimis, or based entirely on 
facts otherwise available, is the estimated weighted-average dumping 
margin calculated for CBA, we have assigned the margin calculated for 
CBA to all other producers and exporters, pursuant to section 
735(c)(5)(A) of the Act.

Final Determination

    Pursuant to section 735 of the Act, the final estimated weighted-
average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
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Arconic Ind. E Com de Metias LTDA...........................     * 63.05
Companhia Brasileira de Alum[iacute]nio/CBA Itapissuma \13\.       13.93
All Others..................................................       13.93
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* Adverse Facts Available (AFA).

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).
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    \13\ Commerce preliminarily determined that Companhia Brasileria 
de Alum[iacute]nio and CBA Itapissuma are affiliated, within the 
meaning of sections 771(33)(E) and (G) of the Act, and should be 
treated as a single entity, in accordance with 19 CFR 351.401(f). 
See Preliminary Decision Memorandum. Commerce received no comments 
regarding this preliminary determination. Accordingly, Commerce 
continues to find that Companhia Brasileira de Alum[iacute]nio and 
CBA Itapissuma are affiliated and continues to treat these companies 
as a single entity.
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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 estimated 
weighted-average dumping margin or estimated all-others rate, 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 all-others 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 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 from

[[Page 52888]]

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