89 FR 115 pgs. 50261-50263 - Certain Aluminum Foil From Brazil: Final Results of Antidumping Duty Administrative Review; 2021-2022
Type: NOTICEVolume: 89Number: 115Pages: 50261 - 50263
Pages: 50261, 50262, 50263Docket number: [A-351-856]
FR document: [FR Doc. 2024-13039 Filed 6-12-24; 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: Final Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that Companhia Brasileira de Alumínio and CBA Itapissuma (collectively, CBA) made sales of subject merchandise at prices below normal value (NV) during the period of review (POR) May 4, 2021, through October 31, 2022.
DATES:
Applicable June 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.
SUPPLEMENTARY INFORMATION:
Background
[top] On December 12, 2023, Commerce published in the Federal Register its Preliminary Results. 1 On March 18, 2024, we extended the deadline for these final results to June 7, 2024. 2 On April 15, 2024, Commerce issued a post-preliminary cost of production (COP) analysis memorandum. 3 For a complete
Footnotes:
1 ? See Certain Aluminum Foil from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 88 FR 86108 (December 12, 2023) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum; see also Memoranda, "Post-Preliminary Cost-of-Production Analysis," dated April 12, 2024 (Post-Preliminary COP Analysis Memorandum) and "Cost of Production and Constructed Value Calculation Adjustments for the Post-Preliminary Results-Companhia Brasileira de Alumínio and CBA Itapissuma," dated April 15, 2024 (Post-Preliminary COP Calculation Memorandum).
2 ? See Memorandum, "Extension of Deadline for Final Results of Antidumping Duty Administrative Review; 2021-2022," dated March 18, 2024.
3 ? See Memorandum, "Post-Preliminary Cost-of-Production Analysis," dated April 12, 2024 (Post-Preliminary COP Analysis Memorandum); see also Memorandum, "Cost of Production and Constructed Value Calculation Adjustments for the Post- Preliminary Results-Companhia Brasileira de Alumínio and CBA Itapissuma," dated April 15, 2024 (Post-Preliminary COP Calculation Memorandum).
4 ? See Memorandum, "Decision Memorandum for the Final Results of the Administrative Review of the Antidumping Duty Order on Certain Aluminum Foil from Brazil; 2021-2022," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Order? 5
Footnotes:
5 ? 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 ).
The product covered by this Order is certain aluminum foil from Brazil. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are discussed in the Issues and Decision Memorandum and are listed as an appendix to this notice. 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Following the Preliminary Results, we made certain changes to CBA's COP, as explained in the Post-Preliminary COP Analysis Memorandum. 6 For a discussion of these changes, see the Post-Preliminary COP Analysis Memorandum. Beyond the changes discussed in the Post-Preliminary COP Analysis Memorandum, we made no other changes since the Preliminary Results.
Footnotes:
6 ? See Preliminary Results, 88 FR at 86108; Post-Preliminary COP Analysis Memorandum; and Post-Preliminary COP Calculation Memorandum.
Final Results of Administrative Review
For these final results, we determine that the following estimated weighted-average dumping margin exists for the period May 4, 2021, through October 31, 2022:
| Exporter or producer | Weighted- average dumping margin (percent) |
|---|---|
| Companhia Brasileira de Alumínio/CBA Itapissuma? 7 | 7.59 |
Disclosure
Footnotes:
7 ?Upon its determination in the less-than-fair-value (LTFV) investigation that Companhia Brasileira de Alumínio 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), in the Preliminary Results of this administrative review, Commerce continued to find that Companhia Brasileira de Alumínio and CBA Itapissuma are affiliated and should be treated as a single entity. See Preliminary Decision Memorandum at 1 n.1. Commerce received no comments regarding this preliminary determination. Accordingly, Commerce continues to find that Companhia Brasileira de Alumínio and CBA Itapissuma are affiliated and should be treated as a single entity. Commerce has referred to the two companies collectively as CBA.
Commerce intends to disclose its calculations and analysis performed to interested parties for these final 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, Commerce shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. For CBA, we calculated ad valorem importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for each importer's examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Where an importer-specific assessment rate is de minimis ( i.e., less than 0.5 percent), the entries by that importer will be liquidated 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 of 13.93 percent, if there is no rate for the intermediate company(ies) involved in the transaction. 8
Footnotes:
8 ? See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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
The following cash deposit requirements for estimated antidumping duties will be effective upon publication of this notice for all shipments of certain aluminum foil from Brazil 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 subject to this review will be equal to the company-specific weighted-average dumping margin established in the final results of the review; (2) for merchandise exported by producers or exporters not covered in this review but covered in a prior completed segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published in the completed segment 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 has been covered in a prior completed segment of this proceeding, then the cash deposit rate will be the rate established in the completed segment 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, the all-others rate established in the less-than-fair-value investigation of this proceeding. 9 These cash deposit requirements, when imposed, shall remain in effect until further notice.
Footnotes:
9 ? See Order, 86 FR at 62791.
Notification to Importers
This notice serves as a final 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.
Administrative Protective Order
[top] This notice also serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the destruction or return of proprietary information disclosed under APO in
Notification to Interested Parties
We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: June 7, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Test Electricity Purchases According to the Major Inputs Provision
Comment 2: Whether to Use CBA's Non-Smoothed Costs
Comment 3: Whether to Modify Post-Preliminary Analysis to Test for Substantial Cost Differences Across Production Mills
Comment 4: Whether to Exclude Priced Sample U.S. Sales
Comment 5: Correction of Draft Customs Instructions
VI. Recommendation
[FR Doc. 2024-13039 Filed 6-12-24; 8:45 am]
BILLING CODE 3510-DS-P