Notice2021-14445
Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China) sold subject merchandise in the United States at prices below normal value during the period of review (POR) April 1, 2019, through March 31, 2020. Additionally, Commerce is rescinding this review with respect to multiple companies. Interested parties are invited to comment on these preliminary results of this review.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35747-35750]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14445]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Duty Administrative Review, and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) April 1,
2019, through March 31, 2020. Additionally, Commerce is rescinding this
review with respect to multiple companies. Interested parties are
invited to comment on these preliminary results of this review.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Michael J.
Heaney, 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-
1979, or (202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2020, Commerce initiated an administrative review of the
antidumping duty order on aluminum foil from China,\1\ in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act). On
July 21, 2020, Commerce tolled the deadlines for issuing its
preliminary results by 60 days.\2\ On February 26, 2021, pursuant to
section 751(a)(3)(A) of the Act, Commerce extended the deadline for the
preliminary results of this review by 120 days, until June 29, 2021.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 34708 (June 8, 2020); see also Certain
Aluminum Foil from the People's Republic of China: Amended Final
Determination of Sales at Less Than Fair Value and Antidumping Duty
Order: 83 FR 17362 (April 19, 2018) (Order).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Aluminum Foil from the People's Republic
of China: Extension of Time Limit Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated February 26,
2021.
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The administrative review covers two mandatory respondents: (1)
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji
Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination
Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd
(collectively, Zhongji); \4\ and (2) Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha). The administrative review also covers 14 other
companies that were not selected for individual examination. For
details regarding the events that occurred subsequent to the initiation
of the review, see the Preliminary Decision Memorandum.\5\ A list of
topics discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\4\ Consistent with the methodology employed in the less-than-
fair-value (LTFV) investigation, we have continued to collapse
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK),
and Jiangsu Zhongji Lamination Materials Co., Ltd. (Jiangsu
Zhongji), (collectively, Zhongji) and to treat these companies as a
single entity. See Antidumping Duty Investigation of Certain
Aluminum Foil from the People's Republic of China: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Accompanying Preliminary
Decision Memorandum, 82 FR 50858 (November 2, 2017), and
accompanying Preliminary Decision Memorandum at 16-18, unchanged in
Certain Aluminum Foil From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018). We find that record evidence supports treating each of these
entities as a collapsed entity in this review. See Memorandum,
``Zhongji Analysis for the Preliminary Results,'' dated June 29,
2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Aluminum Foil from the People's Republic of China; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is
made available to the public via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be found at <a href="https://enforcement.trade.gov/frn/">https://enforcement.trade.gov/frn/</a>.
Scope of the Order
The merchandise covered by the Order is aluminum foil from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Decision Memorandum at 2.
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Preliminary Determination of No Shipments
Jiangsu Dingsheng New Materials Joint Stock Co., Ltd.; Hangzhou
Teemful Aluminum Co., Ltd.; and Hangzhou Five Star Aluminum Co., Ltd.
reported that they did not have any exports of subject merchandise
during the POR.\7\ To date, we have found no evidence calling into
question the no-shipment claims made by these companies; therefore, we
preliminarily find that these companies had no shipments of subject
merchandise to the United States during the POR. For additional
information regarding these preliminary determinations, see the
Preliminary Decision Memorandum.
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\7\ See Letter from Jiangsu Dingsheng New Materials Joint Stock
Co., Ltd ``No Shipment Letter for Jiangsu Dingsheng in the
Administrative Review of Aluminum Foil from the People's Republic of
China,'' dated July 8, 2020 Letter from Hangzhou Five Star, ``No
Shipment Letter for Hangzhou Five Star in the Administrative Review
of the Antidumping Duty Order on Aluminum Foil from the People's
Republic of China,'' dated July 8, 2020; Letter from Hangzhou
Teemful, ``No Shipment Letter for Hangzhou Teemful in the
Administrative Review of the Antidumping Duty Order on Aluminum Foil
from the People's Republic of China,'' dated July 8, 2020.
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Partial Rescission of Administrative Review
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
all parties that requested a review withdraw their requests for review
within 90 days of the publication date of the notice of initiation of
the requested review. All parties timely withdrew their requests for
administrative review of the following companies: (1) Baotou Alcha
Aluminum Co., Ltd.; (2) Granges Aluminum (Shanghai) Co., Ltd.; (3)
Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Hangzhou
DingCheng Aluminum Co., Ltd.; (5) Hangzhou Dingsheng Industrial Group
Co. Ltd.; (6) Hangzhou Teemful Aluminum Co., Ltd.; (7) Huafon Nikkei
Aluminium Corporation; (8) Jiangyin Dolphin Pack Ltd. Co.; (9) Luoyang
Longding Aluminium Industries Co.,
[[Page 35748]]
Ltd.; (10) Shandong Yuanrui Metal Material Co., Ltd.; (11) Shantou
Wanshun Package Material Stock Co., Ltd.; (12) Suntown Technology Group
Corporation Limited; (13) Suzhou Manakin Aluminum Processing Technology
Co., Ltd.; (14) Walson (HK) Trading Co., Limited; (15) Yantai Donghai
Aluminum Foil Co., Ltd.; (16) Yantai Jintai International Trade Co.,
Ltd.; and (17) Zhejiang Zhongjin Aluminum Industry Co., Ltd.\8\
Therefore, we are rescinding this review with respect to these
companies, in accordance with 19 CFR 351.213(d)(1). For additional
information regarding the rescission of Commerce's administrative
reviews, see the Preliminary Decision Memorandum.
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\8\ See Petitioner's Letter, ``2nd Administrative Review of the
Antidumping Duty Order on Certain Aluminum Foil from the People's
Republic of China--Petitioner Partial Withdrawal of Review
Requests'' dated September 8, 2020.
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Separate Rates
We have preliminarily determined that information placed on the
record by the following companies demonstrates that these entities are
eligible for a separate rate: (1) Zhongji; (2) Alcha International
Holdings Limited; (3) Dingsheng Aluminum Industries (Hong Kong) Trading
Co.; (4) Hangzhou Dingsheng Import & Export Co., Ltd.; (5) Hunan
Suntown Marketing Limited; (6) Shanghai Huafon Aluminum Corporation;
(7) Suntown Technology Group Limited; (8) Xiamen Xiashun Aluminum Foil
Co., Ltd, and (9) Yinbang Clad Materials Co., Ltd. (Yinbang Clad).\9\
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\9\ See Preliminary Decision Memorandum at 7-10.
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We have also preliminarily determined that Jiangsu Alcha and SNTO
International Group Limited (SNTO) have not demonstrated their
eligibility for a separate rate because SNTO did not file a separate
application or certification with Commerce, and because Jiangsu Alcha
failed to respond to our standard NME antidumping questionnaire.
Therefore, we are treating these companies as part of the China-wide
entity. Because no party requested a review of the China-wide entity in
this review, it is not under review and the entity's rate (i.e., 105.80
percent) is not subject to change.\10\
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\10\ See Order, 83 FR at 17363.
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For additional information regarding Commerce's preliminary
separate rates determinations, see the Preliminary Decision Memorandum.
Dumping Margins for Separate Rate Companies
The statute and Commerce's regulations do not address what rate to
apply to respondents not selected for individual examination when
Commerce limits its examination in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally, Commerce looks to section
735(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation, for guidance when calculating the
rate for non-selected respondents that are not examined individually in
an administrative review. Section 735(c)(5)(A) of the Act states that
the all-others rate should be calculated by averaging the weighted-
average dumping margins for individually examined respondents,
excluding rates that are zero, de minimis, or based entirely on facts
available. Where the rates for the individually examined companies are
all zero, de minimis, or based entirely on facts available, section
735(c)(5)(B) of the Act provides that Commerce may use ``any reasonable
method'' to establish the all-others rate. In this review, we
calculated a rate for Zhongji that is not zero, de minimis, or based
entirely on facts available. Therefore, we have assigned this rate to
the companies not selected for individual examination but that are
eligible for a separate rate.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. We calculated export prices in
accordance with section 772 of the Act. Because Commerce has determined
that China is a non-market economy country,\11\ within the meaning of
section 771(18) of the Act, Commerce calculated normal value in
accordance with section 773(c) of the Act.
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\11\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum, ``China's Status as a Non-Market Economy,'' dated
October 26, 2017), unchanged in Certain Aluminum Foil from the
People's Republic of China: Final Determination of Sales at Less
Than Fair Value, 83 FR 9282 (March 5, 2018).
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For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
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\12\ As noted above, the China-Wide Entity is not subject to
this review. However, in this review we have preliminarily
determined that the following companies under review are now part of
the China-Wide Entity: Jiangsu Alcha; SNTO International Group
Limited.
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Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period April 1, 2019 through
March 31, 2020:
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Weighted-
average
Exporter dumping margin
(percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 118.99
Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu
Huafeng Aluminum Industry Co., Ltd.....................
Alcha International Holdings Limited.................... 118.99
Dingsheng Aluminum Industries Hong Kong Trading Co...... 118.99
Hangzhou Dingsheng Import & Export Co., Ltd............. 118.99
Hunan Suntown Marketing Limited......................... 118.99
Shanghai Huafon Aluminum Corporation.................... 118.99
Suntown Technology Group Limited........................ 118.99
Xiamen Xiashun Aluminum Foil Co., Ltd................... 118.99
Yinbang Clad Materials Co., Ltd......................... 118.99
China-Wide Entity \12\.................................. 105.80
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[[Page 35749]]
Disclosure and Public Comment
Commerce intends to disclose to parties to the proceeding the
calculations performed for these preliminary results of review 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 no later than 30 days after the date of publication
of these preliminary results of review in the Federal Register.\13\
Rebuttal briefs may be filed no later than seven days after case briefs
are due and may respond only to arguments raised in the case
briefs.\14\ A table of contents, list of authorities used, and an
executive summary of issues should accompany any briefs submitted to
Commerce. The summary should be limited to five pages total, including
footnotes.\15\
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\13\ See 19 CFR 351.309(c)(ii).
\14\ See 19 CFR 351.309(d).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this notice in the Federal Register.\16\ Requests
should contain the party's name, address, and telephone number, the
number of individuals from the requesting party's firm that will attend
the hearing, and a list of the issues the party intends to discuss at
the hearing. Oral arguments at the hearing will be limited to issues
raised in the briefs. If a request for a hearing is made, Commerce
intends to hold the hearing at a date and time to be determined.\17\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date of the hearing.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS.\18\ An electronically filed document must
be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time (ET) on the due
date.\19\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information until further notice.\20\ Unless otherwise extended,
Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs, within 120 days of publication of these preliminary
results of review in the Federal Register, pursuant to section
751(a)(3)(A) of the Act.
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\18\ See generally 19 CFR 351.303.
\19\ See 19 CFR 351.303 (for general filing requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
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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Assessment Rates
Upon issuance of the final results of review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\21\ Commerce intends to issue assessment instructions to CBP no
earlier than 35 days after 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).
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\21\ See 19 CFR 351.212(b)(1).
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For each individually examined respondent in this review whose
weighted-average dumping margin in the final results of review is not
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to
calculate importer/customer-specific assessment rates, in accordance
with 19 CFR 351.212(b)(1).\22\ Where the respondent reported reliable
entered values, Commerce intends to calculate importer/customer-
specific ad valorem assessment rates by aggregating the amount of
dumping calculated for all U.S. sales to the importer/customer and
dividing this amount by the total entered value of the merchandise sold
to the importer/customer.\23\ Where the respondent did not report
entered values, Commerce will calculate importer/customer-specific
assessment rates by dividing the amount of dumping for reviewed sales
to the importer/customer by the total quantity of those sales. Commerce
will calculate an estimated ad valorem importer/customer-specific
assessment rate to determine whether the per-unit assessment rate is de
minimis; however, Commerce will use the per-unit assessment rate where
entered values were not reported.\24\ Where an importer/customer-
specific ad valorem assessment rate is not zero or de minimis, Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation. Where either the respondent's weighted average dumping
margin is zero or de minimis, or an importer/customer-specific ad
valorem assessment rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\25\
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\22\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
\23\ See 19 CFR 351.212(b)(1).
\24\ Id.
\25\ See Final Modification, 77 FR at 8103.
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For the respondents that were not selected for individual
examination in this administrative review, but which qualified for a
separate rate, the assessment rate will be based on the weighted-
average dumping margin(s) assigned to the respondent(s), as
appropriate, in the final results of this review.\26\
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\26\ See Drawn Stainless Steel Sinks from the People's Republic
of China: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments: 2014-2015, 81
FR 29528 (May 12, 2016), and accompanying IDM at 10-11, unchanged in
Drawn Stainless Steel Sinks from the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; Final
Determination of No Shipments; 2014-2015, 81 FR 54042 (August 15,
2016).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by an exporter
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin for the
China-wide entity.\27\ Additionally, where Commerce determines that an
exporter under review had no shipments of subject merchandise to the
United States during the POR, any suspended entries of subject
merchandise that entered under that exporter's CBP case number during
the POR will be liquidated at the dumping margin for the China-wide
entity.
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\27\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full
discussion of this practice.
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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated antidumping
duties, where applicable.
Cash Deposit Requirements
Commerce will instruct CBP to require a cash deposit for
antidumping duties equal to the weighted-average amount by which the
normal value
[[Page 35750]]
exceeds U.S. price. The following cash deposit requirements will be
effective for shipments of the subject merchandise from China entered,
or withdrawn from warehouse, for consumption on or after the
publication date of this notice in the Federal Register, as provided by
section 751(a)(2)(C) of the Act: (1) For the exporters listed in the
table above, the cash deposit rate will be equal to the weighted-
average dumping margin established in the final results of this review
for the exporter (except, if the dumping margin is de minimis (i.e.,
less than 0.5 percent), then the cash deposit rate will be zero for
that exporter); (2) for previously investigated or reviewed Chinese and
non-Chinese exporters that are not listed in the table above but that
have separate rates, the cash deposit rate will continue to be the
exporter-specific rate established in the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be the rate for the China-wide entity
(i.e., 105.80 percent) \28\ and (4) for all non-Chinese exporters of
subject merchandise that have not received their own rate, the cash
deposit rate will be the rate applicable to the China exporter that
supplied that non-Chinese exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\28\ See Order, 83 FR at 17363.
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Notification to Importers
This notice also 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 and/or countervailing duties has occurred, and
the subsequent assessment of double antidumping duties and/or an
increase in the amount of antidumping duties by the amount of the
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and
351.221(b)(4).
Dated: June 29, 2021.
Christian Marsh,
Acting 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. Partial Rescission of Administrative Review
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(F) of the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021-14445 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.