89 FR 240 pgs. 100971-100972 - Certain Aluminum Foil From the Sultanate of Oman: Preliminary Results of Countervailing Duty Administrative Review; 2022

Type: NOTICEVolume: 89Number: 240Pages: 100971 - 100972
Docket number: [C-523-816]
FR document: [FR Doc. 2024-29319 Filed 12-12-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version:  PDF Version
Pages: 100971, 100972

[top] page 100971

DEPARTMENT OF COMMERCE

International Trade Administration

[C-523-816]

Certain Aluminum Foil From the Sultanate of Oman: Preliminary Results of Countervailing Duty Administrative Review; 2022

AGENCY:

Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce.

SUMMARY:

The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to Oman Aluminium Rolling Company SPC, a producer and exporter of certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman). The period of review (POR) is January 1, 2022, through December 31, 2022. We invite interested parties to comment on these preliminary results.

DATES:

Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT:

Kristen Johnson, 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) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

On November 12, 2021, Commerce published in the Federal Register the countervailing duty (CVD) order on aluminum foil from Oman. 1 On December 29, 2023, Commerce published in the Federal Register its initiation of the administrative review of the Order for the period January 1, 2022, to December 31, 2022, covering Oman Aluminium Rolling Company SPC. 2

Footnotes:

1 ? See Certain Aluminum Foil from the Sultanate of Oman and the Republic of Turkey: Countervailing Duty Orders, 86 FR 62782 (November 12, 2021) ( Order ).

2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168, 90172 (December 29, 2023).

On June 26, 2024, Commerce extended the deadline for issuance of the preliminary results of this review until November 26, 2024. 3 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 4 On November 21, 2024, Commerce extended the deadline for issuance of the preliminary results until December 6, 2024. 5

Footnotes:

3 ? See Memorandum, "Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review, 2022," dated June 26, 2024.

4 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.

5 ? See Memorandum, "Second Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review, 2022," dated November 21, 2024.

A list of topics discussed in the Preliminary Decision Memorandum is included in the appendix to this notice. For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum. 6 The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Footnotes:

6 ? See Memorandum, "Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review, 2022: Certain Aluminum Foil from the Sultanate of Oman," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

Scope of the Order

The product covered by this Order is certain aluminum foil. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Methodology

Commerce is conducting this administrative review in accordance with section 751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an "authority" that confers a benefit to the recipient, and that the subsidy is specific. 7 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

Footnotes:

7 ? See 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.

Preliminary Results of Review

As a result of this review, we preliminarily determine the net countervailable subsidy rate for the period January 1, 2022, through December 31, 2022 to be:

Footnotes:

8 ?Commerce preliminarily determines that Oman Aluminium Rolling Company SPC is cross-owned with Sohar Paper Cores LLC, Takamul Investment Company LLC, and OQ SAOC.

Company Subsidy rate (percent ad valorem )
Oman Aluminium Rolling Company SPC? 8 1.36

Disclosure and Public Comment

Commerce intends to disclose its calculations performed for these preliminary results to interested parties 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 the Federal Register in accordance with 19 CFR 351.224(b).

Interested parties may submit case briefs or other written comments to the Assistant Secretary for Enforcement and Compliance. 9 A timeline for the submission of case briefs and written comments will be established at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for filing case briefs. 10 Interested parties who submit case briefs or rebuttal briefs in this review must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 11

Footnotes:

9 ? See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for general filing requirements.

10 ? See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) ( APO and Service Final Rule ).

11 ? See 19 CFR 351.309(c)(2) and (d)(2).


[top] As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we page 100972 instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 12 Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f). 13

Footnotes:

12 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.

13 ? See APO and Service Final Rule.

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.

Assessment Rate

Upon completion of this administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review.

Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

Cash Deposit Requirements

In accordance with section 751(a)(2)(C) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of the estimated countervailing duties in the amounts calculated in the final results of this review for the company listed above with regard to shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the all-others rate. These cash deposit instructions, when imposed, shall remain in effect until further notice.

Final Results of Review

Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, which will include the results of Commerce's analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register , pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Interested Parties

This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).

Dated: December 6, 2024.

Abdelali Elouaradia,

Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Subsidies Valuation Information

V. Analysis of Programs

VI. Recommendation

[FR Doc. 2024-29319 Filed 12-12-24; 8:45 am]

BILLING CODE 3510-DS-P