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
Federal Register / Vol. 86, No. 182 / Thursday, September 23, 2021 / Notices 52887 

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. 

9See Petitioners’ Final Scope Comments. 

10 Id. 

11Counsel for this respondent clarified that the 

correct spelling of the company’s name is 

Companhia Brasileira de Alumı ́nio. See CBA’s 

Letter, ‘‘Aluminum Foil from Brazil: Case Brief,’’ 

dated July 9, 2021 at 1. 

12See 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. 

13Commerce preliminarily determined that 

Companhia Brasileria de Alumı ́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 Alumı ́nio and CBA 

Itapissuma are affiliated and continues to treat these 

companies as a single entity. 

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. 

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 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 

Companhia Brasileira de Alumı ́nio 11

and CBA Itapissuma (collectively, CBA), 

in accordance with section 782(i) of the 

Tariff Act of 1930, as amended (the 

Act).12

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 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. 

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: 

Exporter or producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Arconic Ind. E Com de Metias LTDA .... * 63.05 

Companhia Brasileira de Alumı ́nio/CBA 

Itapissuma 13 ...................................... 13.93 

All Others .............................................. 13.93 

* 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). 

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 


lotter on DSK11XQN23PROD with NOTICES1
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