Certain Aluminum Foil From the Sultanate of Oman and the Republic of Turkey: Initiation of Countervailing Duty Investigations

Citation85 FR 68287
Record Number2020-23926
Published date28 October 2020
SectionNotices
CourtInternational Trade Administration
Federal Register, Volume 85 Issue 209 (Wednesday, October 28, 2020)
[Federal Register Volume 85, Number 209 (Wednesday, October 28, 2020)]
                [Notices]
                [Pages 68287-68291]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-23926]
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                DEPARTMENT OF COMMERCE
                International Trade Administration
                [C-523-816 and C-489-845]
                Certain Aluminum Foil From the Sultanate of Oman and the Republic
                of Turkey: Initiation of Countervailing Duty Investigations
                AGENCY: Enforcement and Compliance, International Trade Administration,
                Department of Commerce.
                DATES: Applicable October 19, 2020.
                FOR FURTHER INFORMATION CONTACT: John Conniff; AD/CVD Operations,
                Office III (Oman) and Eliza Siordia; AD/CVD Operations, Office V
                (Turkey), Enforcement and Compliance, International Trade
                Administration, U.S. Department of Commerce, 1401 Constitution Avenue
                NW, Washington, DC 20230; telephone: (202) 482-1009 and (202) 482-3878,
                respectively.
                SUPPLEMENTARY INFORMATION:
                The Petition
                 On September 29, 2020, the Department of Commerce (Commerce)
                received countervailing duty (CVD) petitions concerning imports of
                certain aluminum foil (aluminum foil) from the Sultanate of Oman (Oman)
                and the Republic of Turkey (Turkey), filed in proper form on behalf of
                the petitioners,\1\ domestic producers of aluminum foil.\2\ The
                Petition was accompanied by antidumping duty (AD) petitions concerning
                imports of aluminum foil from Armenia, Brazil, Oman, Russia, and
                Turkey.
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                 \1\ The petitioners consist of the Aluminum Association Trade
                Enforcement Working Group and its individual members: Gr[auml]nges
                Americas Inc., JW Aluminum Company, and Novelis Corporation.
                 \2\ See Petitioners' Letter, ``Certain Aluminum Foil from
                Armenia, Brazil, Oman, Russia, and Turkey--Petition for the
                Imposition of Antidumping and Countervailing Duties,'' dated
                September 29, 2020 (Petitions).
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                 On October 2, 2020, Commerce requested supplemental information
                pertaining to certain aspects of the Petition in separate supplemental
                questionnaires.\3\ The petitioners filed
                [[Page 68288]]
                responses to the supplemental questionnaires on October 6, 2020.\4\
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                 \3\ See Commerce's Letters, ``Petitions for the Imposition of
                Antidumping Duties on Imports of Certain Aluminum Foil from Armenia,
                Brazil, Oman, Russia, and Turkey and Countervailing Duties on
                Imports from Oman and Turkey: Supplemental Questions'' dated October
                2, 2020 (General Issues Supplement); ``Certain Aluminum Foil from
                the Sultanate of Oman--Petition for the Imposition of Countervailing
                Duties: Supplemental Questions,'' dated October 2, 2020; and
                ``Certain Aluminum Foil from the Republic of Turkey--Petition for
                the Imposition of Countervailing Duties: Supplemental Questions,''
                dated October 2, 2020.
                 \4\ See Petitioners' Letters, ``Certain Aluminum Foil from
                Armenia, Brazil, Oman, Russia, and Turkey--Petitioners' Amendments
                to Volume I Relating to General Issues,'' dated October 6, 2020;
                ``Certain Aluminum Foil from Armenia, Brazil, Oman, Russia, and
                Turkey--Petitioners' Supplement to Volume VII Relating to a Request
                for the Imposition of Countervailing Duties on Imports from the
                Sultanate of Oman,'' dated October 6, 2020; and ``Certain Aluminum
                Foil from Armenia, Brazil, Oman, Russia, and Turkey--Petitioners'
                Supplement to Volume VII Relating to a Request for the Imposition of
                Countervailing Duties on Imports from the Republic of Turkey,''
                dated October 6, 2020.
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                 In accordance with section 702(b)(1) of the Tariff Act of 1930, as
                amended (the Act), the petitioners allege that the Government of the
                Sultanate of Oman (GSO) and the Government of Turkey (GOT) are
                providing countervailable subsidies, within the meaning of sections 701
                and 771(5) of the Act, to producers of aluminum foil in Oman and
                Turkey, and that imports of such products are materially injuring, or
                threatening material injury to, the domestic aluminum foil industry in
                the United States. Consistent with section 702(b)(1) of the Act and 19
                CFR 351.202(b), for those alleged programs on which we are initiating a
                CVD investigation, the petitioners provided reasonably available
                information in the Petitions to support their allegation.
                 Commerce finds that the petitioners filed the Petitions on behalf
                of the domestic industry, because the petitioners are interested
                parties, as defined in section 771(9)(C) of the Act. Commerce also
                finds that the petitioners demonstrated sufficient industry support
                necessary for the initiation of the requested CVD investigations.\5\
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                 \5\ See the ``Determination of Industry Support for the
                Petition'' section, infra.
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                Periods of Investigation
                 Because the Petitions were filed on September 29, 2020, the periods
                of investigation are January 1, 2019 through December 31, 2019.
                Scope of the Investigations
                 The product covered by these investigations is aluminum foil from
                Oman and Turkey. For a full description of the scope of these
                investigations, see the appendix to this notice.
                Scope Comments
                 As discussed in the Preamble to Commerce's regulations, we are
                setting aside a period for interested parties to raise issues regarding
                product coverage (i.e., scope).\6\ Commerce will consider all comments
                received from interested parties and, if necessary, will consult with
                interested parties prior to the issuance of the preliminary
                determinations. If scope comments include factual information,\7\ all
                such factual information should be limited to public information. To
                facilitate preparation of its questionnaires, Commerce requests that
                all interested parties submit such comments by 5:00 p.m. Eastern Time
                (ET) on November 9, 2020, which is 20 calendar days from the signature
                date of this notice.\8\ Any rebuttal comments, which may include
                factual information, must be filed by 5:00 p.m. ET on November 19,
                2020, which is 10 calendar days from the initial comment deadline.
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                 \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
                27323 (May 19, 1997) (Preamble).
                 \7\ See 19 CFR 351.102(b)(21) (defining ``factual
                information'').
                 \8\ Commerce practice dictates that where a deadline falls on a
                weekend or Federal holiday, the appropriate deadline is the next
                business day (in this instance, April 20, 2020). See Notice of
                Clarification: Application of ``Next Business Day'' Rule for
                Administrative Determination Deadlines Pursuant to the Tariff Act of
                1930, As Amended, 70 FR 24533 (May 10, 2005).
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                 Commerce requests that any factual information parties consider
                relevant to the scope of the investigations be submitted during this
                period. However, if a party subsequently finds that additional factual
                information pertaining to the scope of the investigations may be
                relevant, the party may contact Commerce and request permission to
                submit the additional information. All such submissions must also be
                filed on the records of the concurrent AD and CVD investigations.
                Filing Requirements
                 All submissions to Commerce must be filed electronically via
                Enforcement and Compliance's AD and CVD Centralized Electronic Service
                System (ACCESS), unless an exception applies.\9\ An electronically
                filed document must be received successfully in its entirety by the
                time and date it is due.
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                 \9\ See Antidumping and Countervailing Duty Proceedings:
                Electronic Filing Procedures; Administrative Protective Order
                Procedures, 76 FR 39263 (July 6, 2011), and Enforcement and
                Compliance: Change of Electronic Filing System Name, 79 FR 69046
                (November 20, 2014), for details of Commerce's electronic filing
                requirements, which went into effect on August 5, 2011. Information
                on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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                Consultations
                 Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
                notified representatives of the GSO and the GOT of the receipt of the
                Petitions and provided them the opportunity for consultations with
                respect to the Petitions.\10\ Consultations were held with the GOT on
                October 8, 2020.\11\ The GOT submitted consultation remarks on October
                8, 2020.\12\ On October 16, 2020, we received a letter from the GSO
                acknowledging Commerce's invitation for consultations, but due to
                scheduling issues, we were unable to hold consultations prior to the
                initiation of the investigation.\13\ However, we intend to hold
                consultations with the GSO subsequent to initiation.
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                 \10\ See Commerce's Letters, ``Countervailing Duty Petition on
                Aluminum Foil from Oman: Invitation for Consultations to Discuss the
                Countervailing Duty Petition,'' dated October 1, 2020; and see
                ``Countervailing Duty Petition on Aluminum Foil from Turkey:
                Invitation for Consultations to Discuss the Countervailing Duty
                Petition,'' dated October 1, 2020.
                 \11\ See Memorandum, ``Consultations with the Government of
                Turkey,'' dated October 8, 2020.
                 \12\ See GOT's Letter, ``Countervailing Duty Petition on Certain
                Aluminum Foil from the Republic of Turkey: Consultations Held on
                October 8, 2020,'' dated October 8, 2020.
                 \13\ See GSO's Letter, ``Countervailing Duty Petition on Certain
                Aluminum Foil from the Sultanate of Oman,'' dated October 14, 2020,
                (but filed with ACCESS on October 16, 2020).
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                Determination of Industry Support for the Petitions
                 Section 702(b)(1) of the Act requires that a petition be filed on
                behalf of the domestic industry. Section 702(c)(4)(A) of the Act
                provides that a petition meets this requirement if the domestic
                producers or workers who support the petition account for: (i) At least
                25 percent of the total production of the domestic like product; and
                (ii) more than 50 percent of the production of the domestic like
                product produced by that portion of the industry expressing support
                for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
                the Act provides that, if the petition does not establish support of
                domestic producers or workers accounting for more than 50 percent of
                the total production of the domestic like product, Commerce shall: (i)
                Poll the industry or rely on other information in order to determine if
                there is support for the petition, as required by subparagraph (A); or
                (ii) determine industry support using a statistically valid sampling
                method to poll the ``industry.''
                 Section 771(4)(A) of the Act defines the ``industry'' as the
                producers as a whole of a domestic like product. Thus, to determine
                whether a petition has the requisite industry support, the statute
                directs Commerce to look to producers and workers who produce the
                domestic like product. The International Trade Commission (ITC), which
                is responsible for determining whether ``the domestic industry'' has
                been injured, must also determine what constitutes a domestic
                [[Page 68289]]
                like product in order to define the industry. While both Commerce and
                the ITC must apply the same statutory definition regarding the domestic
                like product,\14\ they do so for different purposes and pursuant to a
                separate and distinct authority. In addition, Commerce's determination
                is subject to limitations of time and information. Although this may
                result in different definitions of the like product, such differences
                do not render the decision of either agency contrary to law.\15\
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                 \14\ See section 771(10) of the Act.
                 \15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
                2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
                Supp. 639, 644 (CIT 1988), aff'd 865 F. 2d 240 (Fed. Cir. 1989)).
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                 Section 771(10) of the Act defines the domestic like product as ``a
                product which is like, or in the absence of like, most similar in
                characteristics and uses with, the article subject to an investigation
                under this title.'' Thus, the reference point from which the domestic
                like product analysis begins is ``the article subject to an
                investigation'' (i.e., the class or kind of merchandise to be
                investigated, which normally will be the scope as defined in the
                petition).
                 With regard to the domestic like product, the petitioners do not
                offer a definition of the domestic like product distinct from the scope
                of the investigations.\16\ Based on our analysis of the information
                submitted on the record, we have determined that aluminum foil, as
                defined in the scope, constitutes a single domestic like product, and
                we have analyzed industry support in terms of that domestic like
                product.\17\
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                 \16\ See Volume I of the Petitions at 12-13 and Exhibit GEN-9
                (containing Aluminum Foil From China, Inv. Nos. 701-TA-570 and 731-
                TA-1346 (Final), USITC Pub. 4771 (April 2018) (ITC Aluminum Foil
                Final) at 10-16).
                 \17\ For a discussion of the domestic like product analysis as
                applied to these cases and information regarding industry support,
                see country-specific CVD Initiation Checklists at Attachment II,
                Analysis of Industry Support for the Antidumping and Countervailing
                Duty Petitions Covering Certain Aluminum Foil from Armenia, Brazil,
                Oman, Russia, and Turkey (Attachment II). These checklists are dated
                concurrently with this notice and on file electronically via ACCESS.
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                 In determining whether the petitioners have standing under section
                702(c)(4)(A) of the Act, we considered the industry support data
                contained in the Petitions with reference to the domestic like product
                as defined in the ``Scope of the Investigations,'' in the appendix to
                this notice. To establish industry support, the petitioners provided
                the 2019 production of the domestic like product by U.S. producers that
                support the Petitions.\18\ The petitioners estimated the production of
                the domestic like product for the remaining U.S. producers of aluminum
                foil based on the Aluminum Association's knowledge of the industry.\19\
                We relied on data provided by the petitioners for purposes of measuring
                industry support.\20\
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                 \18\ See Volume I of the Petitions at 4-5 and Exhibit GEN-1.
                 \19\ See Volume I of the Petitions at 4-5 and Exhibits GEN-1,
                GEN-2, and GEN-3 see also General Issues Supplement at 4-5.
                 \20\ Id. at 4-5 and Exhibits GEN-1 and GEN-3.
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                 Our review of the data provided in the Petitions, the General
                Issues Supplement, and other information readily available to Commerce
                indicates that the petitioners have established industry support for
                the Petitions.\21\ First, the Petitions established support from
                domestic producers (or workers) accounting for more than 50 percent of
                the total production of the domestic like product and, as such,
                Commerce is not required to take further action in order to evaluate
                industry support (e.g., polling).\22\ Second, the domestic producers
                (or workers) have met the statutory criteria for industry support under
                section 702(c)(4)(A)(i) of the Act because the domestic producers (or
                workers) who support the Petitions account for at least 25 percent of
                the total production of the domestic like product.\23\ Finally, the
                domestic producers (or workers) have met the statutory criteria for
                industry support under section 732(c)(4)(A)(ii) of the Act because the
                domestic producers (or workers) who support the Petitions account for
                more than 50 percent of the production of the domestic like product
                produced by that portion of the industry expressing support for, or
                opposition to, the Petitions.\24\ Accordingly, Commerce determines that
                the Petitions were filed on behalf of the domestic industry within the
                meaning of section 702(b)(1) of the Act.\25\
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                 \21\ Id. at 2-5 and Exhibits GEN-1, GEN-2, and GEN-3 see also
                General Issues Supplement at 4-5.
                 \22\ Id.; see also section 732(c)(4)(D) of the Act.
                 \23\ See Volume I of the Petitions at 4-5 and Exhibits GEN-1,
                GEN-2, and GEN-3 see also General Issues Supplement at 4-5. For
                further discussion, see Attachment II of the country-specific AD
                Initiation Checklists.
                 \24\ Id.
                 \25\ Id.
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                Injury Test
                 Because Oman and Turkey are ``Subsidies Agreement Countries''
                within the meaning of section 701(b) of the Act, section 701(a)(2) of
                the Act applies to these investigations. Accordingly, the ITC must
                determine whether imports of the subject merchandise from Oman and/or
                Turkey materially injure, or threaten material injury to, a U.S.
                industry.
                Allegations and Evidence of Material Injury and Causation
                 The petitioners allege that imports of the subject merchandise are
                benefitting from countervailable subsidies and that such imports are
                causing, or threaten to cause, material injury to the U.S. industry
                producing the domestic like product. In addition, the petitioners
                allege that subject imports exceed the negligibility threshold provided
                for under section 771(24)(A) of the Act.\26\
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                 \26\ See Volume I of the Petitions at 14-15, and Exhibit GEN-10.
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                 The petitioners contend that the industry's injured condition is
                illustrated by a significant and increasing volume of subject imports;
                reduced market share; underselling and price depression or suppression;
                lost sales and revenues; declining domestic production, shipments, and
                capacity utilization; negative effects on domestic industry employment;
                and a decline in financial performance and profitability.\27\ We have
                assessed the allegations and supporting evidence regarding material
                injury, threat of material injury, causation, as well as negligibility,
                and we have determined that these allegations are properly supported by
                adequate evidence, and meet the statutory requirements for
                initiation.\28\
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                 \27\ See Volume I of the Petitions at 18-32 and Exhibits GEN-7
                and GEN-10 through GEN-15.
                 \28\ See country-specific CVD Initiation Checklists at
                Attachment III, Analysis of Allegations and Evidence of Material
                Injury and Causation for the Antidumping and Countervailing Duty
                Petitions Covering Certain Aluminum Foil from Armenia, Brazil, Oman,
                Russia, and Turkey (Attachment III).
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                Initiation of CVD Investigations
                 Based upon the examination of the Petitions and supplemental
                responses, we find that they meet the requirements of section 702 of
                the Act. Therefore, we are initiating CVD investigations to determine
                whether imports of aluminum foil from Oman and Turkey benefit from
                countervailable subsidies conferred by the GSO and the GOT,
                respectively. In accordance with section 703(b)(1) of the Act and 19
                CFR 351.205(b)(1), unless postponed, we will make our preliminary
                determinations no later than 65 days after the date of this initiation.
                Oman
                 Based on our review of the petition, we find that there is
                sufficient information to initiate a CVD investigation on all 8 of the
                alleged programs. For a full discussion of the basis for our decision
                to initiate on each program, see the Oman CVD Initiation Checklist. A
                public version of the
                [[Page 68290]]
                initiation checklist for this investigation is available on ACCESS.
                Turkey
                 Based on our review of the petition, we find that there is
                sufficient information to initiate a CVD investigation on all 25 of the
                alleged programs. For a full discussion of the basis for our decision
                to initiate on each program, see the Turkey CVD Initiation Checklist. A
                public version of the initiation checklist for this investigation is
                available on ACCESS.
                Respondent Selection
                Turkey
                 In the Petition, the petitioners named ten companies from Turkey as
                producers/exporters of aluminum foil.\29\ Commerce intends to follow
                its standard practice in CVD investigations and calculate company-
                specific subsidy rates in these investigations. In the event Commerce
                determines that the number of companies is large and it cannot
                individually examine each company based upon its resources, where
                appropriate, Commerce intends to select mandatory respondents based on
                U.S. Customs and Border Protection (CBP) data for U.S. imports under
                the appropriate Harmonized Tariff Schedule of the United States numbers
                listed in the appendix to this notice.
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                 \29\ See Volume VIII of the Petition for Turkey at 2 and Exhibit
                GEN-6.
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                 On October 15, 2020, Commerce released CBP data on imports of
                aluminum foil from Turkey under Administrative Protective Order (APO)
                to all parties with access to information protected by APO and
                indicated that interested parties wishing to comment on the CBP data
                must do so within three business days of the publication date of the
                notice of initiation of these investigations.\30\ Commerce will not
                accept rebuttal comments regarding the CBP data or respondent
                selection.
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                 \30\ See Memorandum, ``Petition for the Imposition of
                Countervailing Duties on Imports of Certain Aluminum Foil from
                Turkey: Release of Customs Data from U.S. Customs and Border
                Protection,'' dated October 15, 2020.
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                Oman
                 In the Petition, the petitioners named only one company as a
                producer/exporter of aluminum foil in Oman, Oman Aluminum Rolling
                Company.\31\ Furthermore, we placed CBP import data onto the record of
                this proceeding, which corroborates the existence of Oman Aluminum
                Rolling Company as the sole producer/exporter in the foreign
                market,\32\ and we currently know of no additional producers/exporters
                of subject merchandise from Oman. Accordingly, Commerce intends to
                examine all known producers/exporters in this investigation (i.e., the
                company cited above). As noted in the aforementioned Oman CBP Import
                Data Release Memo, we invite interested parties to comment on this
                issue within three days of the publication of this notice in the
                Federal Register. Commerce will not accept rebuttal comments regarding
                respondent selection for Oman. Because we intend to examine all known
                producers, if no comments are received or if comments received further
                support the existence of only this sole producer/exporter in Oman, we
                do not intend to conduct respondent selection and will proceed to
                issuing the forthcoming initial countervailing duty questionnaire to
                the company identified. However, if comments are received which compel
                the necessity of the respondent selection process, we otherwise intend
                to finalize our decisions regarding respondent selection within 20 days
                of publication of this notice.
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                 \31\ See Volume VII of the Petition for Oman at 2 and Exhibit
                GEN-6.
                 \32\ See Memorandum, ``Release of Customs Data from U.S. Customs
                and Border Protection,'' dated October 15, 2020 (Oman CBP Import
                Data Release Memo).
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                 Interested parties must submit applications for disclosure under
                APO in accordance with 19 CFR 351.305(b). Instructions for filing such
                applications may be found on Commerce's website at http://enforcement.trade.gov/apo.
                Distribution of Copies of the Petitions
                 In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
                351.202(f), copies of the public version of the Petitions have been
                provided to the GSO and the GOT via ACCESS. To the extent practicable,
                we will attempt to provide a copy of the public version of the
                Petitions to each exporter named in the Petitions, as provided under 19
                CFR 351.203(c)(2).
                ITC Notification
                 We will notify the ITC of our initiation, as required by section
                702(d) of the Act.
                Preliminary Determinations by the ITC
                 The ITC will preliminarily determine, within 45 days after the date
                on which the Petitions were filed, whether there is a reasonable
                indication that imports of aluminum foil from Oman and Turkey are
                materially injuring, or threatening material injury to, a U.S.
                industry.\33\ A negative ITC determination in any country will result
                in the investigation being terminated with respect to that country.\34\
                Otherwise, these investigations will proceed according to the statutory
                and regulatory time limits.
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                 \33\ See section 703(a)(2) of the Act.
                 \34\ See section 703(a)(1) of the Act.
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                Submission of Factual Information
                 Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
                Evidence submitted in response to questionnaires; (ii) evidence
                submitted in support of allegations; (iii) publicly available
                information to value factors under 19 CFR 351.408(c) or to measure the
                adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
                placed on the record by Commerce; and (v) evidence other than factual
                information described in (i)-(iv). 19 CFR 351.301(b) requires any
                party, when submitting factual information, to specify under which
                subsection of 19 CFR 351.102(b)(21) the information is being submitted
                \35\ and, if the information is submitted to rebut, clarify, or correct
                factual information already on the record, to provide an explanation
                identifying the information already on the record that the factual
                information seeks to rebut, clarify, or correct.\36\ Time limits for
                the submission of factual information are addressed in 19 CFR 351.301,
                which provides specific time limits based on the type of factual
                information being submitted. Interested parties should review the
                regulations prior to submitting factual information in these
                investigations.
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                 \35\ See 19 CFR 351.301(b).
                 \36\ See 19 CFR 351.301(b)(2).
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                Extensions of Time Limits
                 Parties may request an extension of time limits before the
                expiration of a time limit established under 19 CFR 351.301, or as
                otherwise specified by Commerce. In general, an extension request will
                be considered untimely if it is filed after the expiration of the time
                limit established under 19 CFR 351.301. For submissions that are due
                from multiple parties simultaneously, an extension request will be
                considered untimely if it is filed after 10:00 a.m. ET on the due date.
                Under certain circumstances, we may elect to specify a different time
                limit by which extension requests will be considered untimely for
                submissions which are due from multiple parties simultaneously. In such
                a case, we will inform parties in the letter or memorandum setting
                forth the deadline (including a specified time) by which extension
                requests must be filed to be considered timely. An extension request
                must be made in a separate, stand-alone submission; under
                [[Page 68291]]
                limited circumstances we will grant untimely-filed requests for the
                extension of time limits. Parties should review Extension of Time
                Limits, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to
                submitting factual information in these investigations.
                Certification Requirements
                 Any party submitting factual information in an AD or CVD proceeding
                must certify to the accuracy and completeness of that information.\37\
                Parties must use the certification formats provided in 19 CFR
                351.303(g).\38\ Commerce intends to reject factual submissions if the
                submitting party does not comply with the applicable certification
                requirements.
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                 \37\ See section 782(b) of the Act.
                 \38\ See Certification of Factual Information to Import
                Administration During Antidumping and Countervailing Duty
                Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
                frequently asked questions regarding the Final Rule, available at
                http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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                Notification to Interested Parties
                 Interested parties must submit applications for disclosure under
                APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce
                published Antidumping and Countervailing Duty Proceedings: Documents
                Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008).
                Parties wishing to participate in this investigation should ensure that
                they meet the requirements of these procedures (e.g., the filing of
                letters of appearance as discussed at 19 CFR 351.103(d)). Note that
                Commerce has temporarily modified certain of its requirements for
                serving documents containing business proprietary information.\39\
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                 \39\ See Temporary Rule Modifying AD/CVD Service Requirements
                Due to COVID-19, 85 FR 17006 (March 26, 2020); see also Temporary
                Rule Modifying AD/CVD Service Requirements Due to COVID-19;
                Extension of Effective Period, 85 FR 41363 (July 10, 2020).
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                 This notice is issued and published pursuant to sections 702(c)(2)
                and 777(i) of the Act and 19 CFR 351.203(c).
                 Dated: October 19, 2020.
                Jeffrey I. Kessler,
                Assistant Secretary for Enforcement and Compliance.
                Appendix
                Scope of the Investigations
                 The merchandise covered by these investigations 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 these investigations 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 these
                proceedings 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 these investigations is
                dispositive.
                [FR Doc. 2020-23926 Filed 10-26-20; 11:15 am]
                BILLING CODE 3510-DS-P
                

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