89 FR 240 pgs. 100965-100967 - Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Type: NOTICEVolume: 89Number: 240Pages: 100965 - 100967
Pages: 100965, 100966, 100967Docket number: [A-351-856]
FR document: [FR Doc. 2024-29321 Filed 12-12-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-856]
Certain Aluminum Foil From Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily finds that certain aluminum foil (aluminum foil) from Brazil was sold in the United States at prices below normal value (NV). The period of review (POR) is November 1, 2022, through October 31, 2023. We invite interested parties to comment on these preliminary results.
DATES:
Applicable December 13, 2024.
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.
[top] SUPPLEMENTARY INFORMATION:
Background
On November 12, 2021, Commerce published the antidumping duty (AD) order on aluminum foil from Brazil. 1 On November 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order . 2 On December 29, 2023, based on timely requests for review, 3 in accordance with 19 CFR 351.221(c)(1)(i), Commerce initiated? 4 an administrative review of the Order with respect to CBA Itapissuma Ltda. (CBA Itapissuma) and Companhia Brasileira de Alumínio (CBA Alumínio), (collectively, CBA). 5
Footnotes:
1 ? See Certain Aluminum Foil from the Republic of Armenia, Brazil, the Sultanate of Oman, the Russian Federation, and the Republic of Turkey: Antidumping Duty Orders, 86 FR 62790 (November 12, 2021) ( Order ).
2 ? See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review and Join Annual Inquiry Service List, 88 FR 75270 (November 2, 2023).
3 ? See CBA's Letter, "Request for Administrative Review," dated November 29, 2023. see also Petitioners' Letter, "Petitioners' Request for Initiation of Second Administrative Review," dated November 30, 2023.
4 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 90168, 90170 (December 29, 2023) ( Initiation Notice ).
5 ?In the less-than-fair-value investigation of aluminum foil from Brazil, Commerce determined that CBA Alumínio and CBA Itapissuma were 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 Certain Aluminum Foil from Brazil: Final Affirmative Determination of Sales at Less Than Fair Value, 86 FR 52867 (September 23, 2021) at footnote 13. Based on the information reported in this administrative review, we continue to make the same determination of affiliation and treatment as a single entity for CBA Alumínio and CBA Itapissuma; see also Memorandum, "Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review of Certain Aluminum Foil from Brazil; 2022-2023," dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
On July 17, 2024, we extended the deadline for the preliminary results until no later than November 21, 2024. 6 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 7 On October 10, 2024, we fully extended the deadline of the preliminary results until no later than December 6, 2024. 8 For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum. 9
Footnotes:
6 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated July 14, 2024.
7 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.
8 ? See Memorandum, "Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review," dated October 10, 2024.
9 ? See Preliminary Decision Memorandum.
Scope of the Order? 10
Footnotes:
10 ? See Order, 86 FR 62790.
The product covered by this Order is aluminum foil from Brazil. 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) of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying the preliminary results, see the Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is attached as an appendix to this notice. 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 .
Preliminary Results of Review
Commerce preliminarily determines that the following estimated weighted-average dumping margin exists for the period of November 1, 2022, through October 31, 2023:
| Exporter/producer | Weighted- average dumping margin (percent) |
|---|---|
| Companhia Brasileira de Alumínio/CBA Itapissuma | 18.71 |
Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis performed to interested parties in these preliminary results 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 accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce via ACCESS no later than 30 days after the date of publication of the preliminary results of review in the Federal Register . 11 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs. 12 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities. 13
Footnotes:
11 ? See 19 CFR 351.309(c)(1)(ii).
12 ? 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 ).
13 ? See 19 CFR 351.309(c)(2) and (d)(2).
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 instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs. 14 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public 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). 15
Footnotes:
14 ?We use the term "issue" here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum.
15 ? See APO and Service Final Rule.
[top] Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request for a hearing to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically via ACCESS, by no later than 5 p.m. Eastern Time within 30 days after the date of publication of this notice in the Federal Register . Hearing requests should contain: (1) the party's name, address, and telephone number; (2) the number of persons from the party attending the hearing, whether any participant is a foreign national; and (3) a list of the 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
Final Results of Review
Unless otherwise extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in written briefs, no later than 120 days after publication of this notice in the Federal Register , pursuant to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results of this administrative review, pursuant to section 751(a)(2)(A) of the Act, Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. 16
Footnotes:
16 ? See 19 CFR 351.212(b)(1).
Pursuant to 19 CFR 351.212(b)(1), where an examined respondent's weighted-average dumping margin is not zero or de minimis ( i.e., less than 0.5 percent), we will calculate an importer-specific ad valorem duty assessment rate based on the ratio of the total amount of dumping calculated for the U.S. sales for a given importer to the total entered value of those sales. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For entries of subject merchandise during the POR produced by CBA for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. 17
Footnotes:
17 ? See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future deposits of estimated duties, where applicable. 18 Commerce intends to issue assessment instructions regarding the individually examined respondents 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).
Footnotes:
18 ? See section 751(a)(2)(C) of the Act.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon publication in the Federal Register of the notice of final results of this administrative review for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) the cash deposit rate for the companies under review will be the rate established in the final results of the review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 13.93 percent, 19 the all-others rate established in the less-than-fair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
19 ? See Order, 86 FR 62791.
Notification to Importers
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024-29321 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P