[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38861-38863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13971]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China). The period of review is August 14, 2017
through December 31, 2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Tyler Weinhold or John
McGowan, 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-
3813, (202) 482-1121 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2019, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order \1\ on
aluminum foil from China.\2\ On July 15, 2019, Commerce published a
correction of the original Initiation Notice to list the correct period
of review (POR).\3\ Pursuant to the Corrected Initiation Notice, the
correct POR is August 14, 2017 through December 31, 2018.\4\ On
December 2, 2020, Commerce fully extended the preliminary results
deadline until April 29, 2020.\5\ On April 24, 2020, Commerce tolled
all deadlines in administrative reviews by 50 days, thereby further
extending the deadline for these results until June 18, 2020.\6\
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation
Notice).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019) (Corrected
Initiation Notice).
\4\ See Corrected Initiation Notice, 84 FR at 33753.
\5\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 08/14/2017--12/31/2018,''
dated December 2, 2019.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Based on timely requests for withdrawal of administrative review,
Commerce intends to partially rescind the administrative review of 14
entities.\7\ Therefore, concurrently with these preliminary results, we
are rescinding the review with respect to these companies.
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\7\ See Shandong Yuanrui's Letter, ``Withdrawal of Review
Request and Withdrawal as Counsel in the Administrative Review of
the Countervailing Duty Order on Aluminum Foil from the People's
Republic of China (C-570-054),'' dated June 24, 2019; Petitioner'
Letter, ``First Administrative Review of Countervailing Duty Order
on Certain Aluminum Foil from the People's Republic of China--
Petitioners' Withdrawal of Certain Requests for Administrative
Reviews,'' dated July 15, 2019; and Petitioner's Letter, ``1st
Administrative Review of the Countervailing Duty Order on Certain
Aluminum Foil from the People's Republic of China--Petitioners'
Partial Withdrawal of Review Requests,'' dated September 11, 2019.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the 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 http://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
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\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Aluminum Foil from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The product covered by the Order is aluminum foil from China. For a
complete description of the scope of the Order, see Appendix I.
Methodology
Commerce is conducting this 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 government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\9\ For a full description of the
methodology underlying our conclusions, see the accompanying
Preliminary Decision Memorandum.
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\9\ 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.
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Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available. For
further information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraw the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, all requests for administrative review were timely
withdrawn for certain companies. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to: Alcha International Holdings Limited; Baotou Alcha Aluminum
Co., Ltd.; Granges Aluminum (Shanghai) Co., Ltd.; Guangxi Baise Xinghe
Aluminum Industry Co., Ltd.; Huafon Nikkei Aluminium Corporation;
Jiangsu Alcha Aluminum Co., Ltd.; Jiangyin Dolphin
[[Page 38862]]
Pack Ltd. Co.; Luoyang Longding Aluminium Industries Co., Ltd.;
Shandong Yuanrui Metal Material Co., Ltd.; Suntown Technology Group
Limited; Yantai Donghai Aluminum Foil Co., Ltd.; Yantai Jintai
International Trade Co., Ltd.; Yinbang Clad Material Co., Ltd.; and
Zhejiang Zhongjin Aluminum Industry Co., Ltd.
Preliminary Results
Commerce preliminarily determines that, during the POR, the
following estimated countervailable subsidy rates exist:
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Subsidy rate-- Subsidy rate--
2017 (percent 2018 (percent
Company ad valorem) ad valorem)
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Jiangsu Zhongji Lamination Materials 45.31 48.26
Co., Ltd \10\..........................
Xiamen Xiashun Aluminum Foil Co., Ltd... 17.04 19.87
Dingsheng Aluminum Industries (Hong 31.55 41.82
Kong) Trading Co. Ltd \11\ *...........
Hunan Suntown Marketing Limited *....... 31.55 41.82
Inner Mongolia Liansheng New Energy 31.55 41.82
Material Joint-Stock Co., Ltd *........
Shanghai Shenyan Packaging Materials 31.55 41.82
Co., Ltd *.............................
SNTO International Trade Limited *...... 31.55 41.82
Suzhou Manakin Aluminum Processing 31.55 41.82
Technology Co., Ltd \12\ *.............
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\10\ As discussed in the Preliminary Decision Memorandum, Commerce has
found the following companies to be cross-owned with Jiangsu Zhongji
Lamination Materials Co., Ltd.: Jiangsu Zhongji Lamination Materials
Co., (HK) Ltd. (Zhongji HK); Jiangsu Huafeng Aluminum Industry Co. Ltd
(Jiangsu Huafeng); Shantou Wanshun Material Stock Co., Ltd. (Shantou
Wanshun); and Anhui Maximum Aluminum Industries Company Limited (Anhui
Maximum). The subsidy rates apply to all cross-owned companies.
\11\ We note that in the investigation, Commerce found the following
companies to be cross-owned with Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd.: Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star
Aluminum Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang
Longding Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co.,
Ltd.; Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK)
Trading Co., Limited. The subsidy rates apply to all cross-owned
companies.
An ``*'' denotes that the company listed in the table is a non-selected
company under review.
\12\ We note that in the investigation, Commerce found the following
company to be cross-owned with Suzhou Manakin Aluminum Processing
Technology Co., Ltd.: Manakin Industries, LLC. The subsidy rates apply
to the cross-owned company.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. We intend to issue instructions to CBP
15 days after publication of the final results of this review. Commerce
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Cash Deposit Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated 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, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\13\ Interested
parties may submit written comments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit arguments are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\15\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until July 17, 2020,
unless extended.\16\
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\13\ See 19 CFR 224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\17\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date of the hearing.\18\ Issues addressed during the hearing
will be limited to those raised in the briefs.\19\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
\19\ See 19 CFR 351.310(c).
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Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
[[Page 38863]]
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise covered by the Order 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.
Excluded from the scope of this Order is aluminum foil that is
backed with paper, paperboard, plastics, or similar backing
materials on only one side 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 covered by the Order are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030,
7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise
that falls within the scope of the Order may also be entered into
the United States under HTSUS subheadings 7606.11.3060,
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and
7606.92.6080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of the Order is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Input, Land, and
Electricity Benchmarks
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
[FR Doc. 2020-13971 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P