Notice2021-14446
Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2019
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 determines that producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China) received countervailable subsidies during the period of review (POR), January 1, 2019, through December 31, 2019.
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 35735-35737]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14446]
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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 Countervailing Duty Administrative Review and
Rescission of Review, in Part; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that producers and exporters of certain aluminum foil (aluminum foil)
from the People's Republic of China (China) received countervailable
subsidies during the period of review (POR), January 1, 2019, through
December 31, 2019.
DATES: Applicable July 7, 2021.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2018, Commerce published in the Federal Register the
countervailing duty order on aluminum foil from China.\1\ On April 1,
2020, Commerce published in the Federal Register a notice inviting
interested parties to request a review of the Order for the POR. On
April 30, 2020, we received timely review requests for 33 companies.\2\
On June 8, 2020, Commerce published a notice of initiation of an
administrative review of the Order, covering the requested
companies.\3\ On July 21, 2020, Commerce tolled all deadlines in
administrative reviews by 60 days, thereby extending the deadline for
the preliminary results until March 1, 2021.\4\ As explained below, on
September 8, 2020, the Aluminum Association Trade Enforcement Working
Group (the petitioners) withdrew their review requests with respect to
certain companies.\5\ On February 26, 2021, Commerce fully extended the
deadline for these preliminary results until June 29, 2021.\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 Petitioners' Letter ``Countervailing Duty Order on
Certain Aluminum Foil from the People's Republic of China--
Petitioners' Request for 2019/2020 Administrative Review,'' dated
April 30, 2020 (Petitioners' Review Request); Valeo's Letter
``Aluminum Foil from the People's Republic of China: Request for
Administrative Review,'' dated April 30, 2020 (Valeo's Review
Request); Xiashun's Letter, ``Aluminum Foil from the People's
Republic of China: Request for Administrative Review,'' dated April
30, 2020 (Xiashun's Review Request); Dingsheng Companies' Letter,
``Request for Administrative Review of the Countervailing Duty Order
on Aluminum Foil from the People's Republic of China (C-570-054),''
dated April 30, 2020 (Dingsheng Companies' Review Request); and
Zhongji Companies' Letter, ``Certain Aluminum Foil from the Peoples
Republic of China: Request for Second Administrative Review,''
(Zhongji Companies' Review Request).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 35068 (June 8, 2020) (Initiation
Notice).
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ The petitioners withdrew their requests for review of all
companies for which they had requested a review, except those
companies covered by other parties' review requests. See
Petitioners' Letter, ``2nd Administrative Review of the
Countervailing Duty Order on Certain Aluminum Foil from the People's
Republic of China--Petitioners' Withdrawal of Certain Requests for
Administrative Reviews,'' dated September 8, 2020 (Petitioner's
Withdrawal of Review Requests).
\6\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2019,'' dated February
26, 2021.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
A list of topics discussed in the Preliminary Decision Memorandum is
included as an appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
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\7\ See 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 the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended
[[Page 35736]]
(the Act). For each of the subsidy programs found countervailable, we
preliminarily determine that there is a subsidy, i.e., a financial
contribution by an ``authority'' that gives rise to a benefit to the
recipient, and that the subsidy is specific.\8\ For a full description
of the methodology underlying our conclusions, see the accompanying
Preliminary Decision Memorandum.
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\8\ 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 certain information, it drew an adverse inference, where
appropriate, in selecting from among the facts otherwise available. For
further information, see the Preliminary Decision Memorandum at ``Use
of Facts Otherwise Available and Adverse Inferences.''
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 the petitioner timely withdrew its requests for review
of certain companies. Because no other party requested a review of
these companies, and in accordance with 19 CFR 351.213(d)(1), we are
rescinding the review with respect to these companies.\9\ Therefore, we
are rescinding this administrative review with respect to: (1) Baotou
Alcha Aluminum Co., Ltd.; (2) Granges Aluminum (Shanghai) Co., Ltd.;
(3) Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Huafon Nikkei
Aluminium Corporation; (5) Jiangsu Zhongji Lamination Materials Stock
Co., Ltd.; (6) Jiangyin Dolphin Pack Ltd. Co.; (7) Shandong Yuanrui
Metal Material Co., Ltd.; (8) Suntown Technology Group Limited; (9)
Suzhou Manakin Aluminum Processing Technology Co., Ltd.; (10) Yantai
Donghai Aluminum Foil Co., Ltd.; (11) Yantai Jintai International Trade
Co., Ltd.; and (12) Zhejiang Zhongiin Aluminum Industry Co., Ltd.\10\
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\9\ As explained above, the petitioners withdrew their requests
for review of all companies for which they had requested a review,
except those companies covered by other parties' review requests.
\10\ Of the 33 companies for which we initiated a review in the
Initiation Notice, 16 were subject to the review requests of other
interested parties: (1) Alcha International Holdings Limited; (2)
Anhui Maximum Aluminium Industries Company Ltd.; (3) Dingsheng
Aluminum Industries (Hong Kong) Trading Co. Ltd.; (4) Hangzhou
Dingsheng Import & Export Co. Ltd.; (5) Hangzhou Five Star Aluminum
Co., Ltd.; (6) Hunan Suntown Marketing Limited; (7) Jiangsu Alcha
Aluminum Co., Ltd.; (8) Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd.; (9) Jiangsu Huafeng Aluminum Industry Co., Ltd.; (10)
Jiangsu Zhongji Lamination Materials Co., Ltd.; (11) Jiangsu Zhongji
Lamination Materials Co., (HK) Limited; (12) Shantou Wanshun Package
Material Stock Co., Ltd.; (13) SNTO International Trade Limited;
(14) Suntown Technology Group Corporation Limited; (15) Xiamen
Xiashun Aluminum Foil Co., Ltd.; and (16) Yinbang Clad Material Co.,
Ltd. Among the 16 companies included in the petitioners' review
request, for which no other interested party requested a review, and
for which the petitioners have withdrawn their request, five were
found to have been cross-owned in the Final Determination with
companies subject to this review: (1) Hangzhou DingCheng Aluminum
Co., Ltd.; (2) Hangzhou Dingsheng Industrial Group Co. Ltd.; (3)
Hangzhou Teemful Aluminum Co., Ltd.; (4) Luoyang Longding Aluminium
Industries Co., Ltd.; and (5) Walson (HK) Trading Co., Limited.
Because these five companies were previously found to be cross-owned
with a company which is subject to this review, we preliminarily
intend not to rescind the review with respect to these five
companies. See Petitioners' Review Request; Dingsheng Companies'
Review Request; Valeo's Review Request; Xiashun's Review Request,
Zhongji Companies' Review Request; Petitioner's Withdrawal of Review
Requests; Initiation Notice; and Order.
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Preliminary Results
Commerce preliminarily determines that, during the POR, the
following countervailable subsidy rates exist:
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Subsidy rate
Company (percent ad
valorem)
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Alcha International Holdings Limited.................... 23.34
Anhui Maximum Aluminum Industries Company Ltd.; Jiangsu 23.34
Huafeng Aluminum Industry Co., Ltd.; Jiangsu Zhongji
Lamination Materials Co., Ltd.; Jiangsu Zhongji
Lamination Materials Co., (HK) Limited; and Shantou
Wanshun Package Material Stock Co., Ltd.\11\...........
Dingsheng Aluminum Industries (Hong Kong) Trading Co., 23.34
Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou
Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
Industrial Group Co. Ltd.; Hangzhou Five Star Aluminum
Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu
Dingsheng New Materials Joint Stock Co., Ltd.; Luoyang
Longding Aluminium Industries Co., Ltd.; and Walson
(HK) Trading Co., Limited.\12\.........................
Hunan Suntown Marketing Limited......................... 23.34
Jiangsu Alcha Aluminum Co., Ltd......................... 305.07
SNTO International Trade Limited........................ 23.34
Suntown Technology Group Corporation Limited............ 23.34
Xiamen Xiashun Aluminium Foil Co. Ltd................... 23.34
Yinbang Clad Material Co., Ltd.......................... 23.34
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Assessment Rates
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\11\ In the first administrative review of the Order, Commerce
found the following companies to be cross-owned: Anhui Maximum
Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry
Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun
Material Stock Co., Ltd.; and Anhui Maximum Aluminum Industries
Company Limited. The subsidy rate applies to all cross-owned
companies. See Certain Aluminum Foil from the People's Republic of
China: Final Results of the Countervailing Duty Administrative
Review; 2017-2018, 86 FR 12171 (March 2, 2021).
\12\ In the investigation, Commerce found the following
companies to be cross-owned: Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.;
Hangzhou Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
Industrial Group Co. Ltd.; Hangzhou Five Star Aluminum Co., Ltd.;
Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials
Joint-Stock Co., Ltd.; Luoyang Longding Aluminum Co., Ltd.; and
Walson (HK) Trading Co., Limited. The subsidy rate applies to all
cross-owned companies. See Order.
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Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, countervailing duties on all
appropriate entries covered by this review. We intend 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
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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).
For 12 companies for which this review is rescinded with these
preliminary results, Commerce will instruct CBP to assess
countervailing duties on all appropriate entries at a rate equal to the
cash deposit of estimated countervailing duties required at the time of
entry, or withdrawal from warehouse, for consumption, during the period
January 1, 2019, through December 31, 2019, in accordance with 19 CFR
351.212(c)(l)(i). Commerce intends to issue appropriate assessment
instructions directly to CBP no later than 35 days after publication of
this notice in the Federal Register.
Cash Deposit Requirements
Pursuant to section 751(a)(1) of the Act, upon issuance of the
final results, Commerce intends to instruct CBP to collect cash
deposits of estimated countervailing duties for each of the companies
listed above on shipments of subject merchandise entered, or withdrawn
from warehouse, for consumption on or after the date of publication of
the final results of this administrative review, except where the rate
calculated in the final results is zero or de minimis, no cash deposit
will be required. 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. 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 further notice.\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); see also
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ See Temporary Rule.
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Pursuant to 19 CFR 351.310(c), 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.\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. Issues
addressed during the hearing will be limited to those raised in the
briefs.\18\ If a request for a hearing is made, Commerce will inform
parties of the scheduled date of the hearing.\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(c).
\19\ See 19 CFR 351.310.
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Parties are reminded that all briefs and hearing requests are to be
filed electronically using ACCESS and received successfully in their
entirety by 5:00 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).
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. 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 Benchmark Prices
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation
[FR Doc. 2021-14446 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.