Notice2022-00080
Certain Aluminum Foil From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
January 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) finds that exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China) made sales of subject merchandise at prices less than normal value during the period of review (POR) April 1, 2019, through March 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 935-938]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00080]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
certain aluminum foil (aluminum foil) from the People's Republic of
China
[[Page 936]]
(China) made sales of subject merchandise at prices less than normal
value during the period of review (POR) April 1, 2019, through March
31, 2020.
DATES: Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin 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) 482-4275 or (202)
482-4475 respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 7, 2021.\1\ On
October 28, 2021, and December 14, 2021, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results, until December 30,
2021.\2\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
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\1\ See 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, 86
FR 35747 (July 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 28, 2021;
see also Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 14, 2021.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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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), and (2) Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha). The administrative review also covers 11 other
companies that were not selected for individual examination.\4\
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\4\ We incorrectly stated in the Preliminary Results that this
administrative review covers 14 companies that were not selected for
individual examination. The correct number is 11 companies.
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Scope of the Order \5\
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\5\ See 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).
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The merchandise covered by the Order is aluminum foil from China.
For a full description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the preliminary margin
calculation for Zhongji,\6\ and consequently, to the rate assigned to
the non-examined, separate rate respondents.\7\
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\6\ See Memorandum, ``Zhongji Analysis for the Final Results''
(Zhongji Final Analysis Memorandum); Memorandum, ``Final Results
Surrogate Value Memorandum'' (Final Results Surrogate Value
Memorandum), both dated concurrently with this notice.
\7\ For details on the changes made since the Preliminary
Results, see the Issues and Decision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; Hangzhou Teemful
Aluminium Co., Ltd.; and Hangzhou Five Star Aluminium Co., Ltd. had no
shipments of subject merchandise during the POR.\8\ We received no
information to contradict this determination.\9\ Therefore, we continue
to find that these companies had no shipments of subject merchandise
during the POR and will issue appropriate liquidation instructions that
are consistent with our ``automatic assessment'' clarification for
these final results.\10\
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\8\ See Preliminary Results, 86 FR at 35747.
\9\ We received interested party comments that certain company
names contained minor spelling errors in the Preliminary Results,
and we have corrected the spellings for these final results. See
Issues and Decision Memorandum at Comment 10.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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Separate Rate Respondents
In the Preliminary Results, we found that each of the following
companies demonstrated its eligibility for separate rate status: (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).\11\ We received comments with
respect to Shanghai Huafon Aluminum Corporation; we find that this
company was incorrectly included in the preliminary list of companies
eligible for a separate rate, and we have removed this company for the
final results.\12\ We also received comments that certain company names
were incorrectly identified in the Preliminary Results, and we have
corrected the spellings of these company names for these final
results.\13\ We received no other argument since the issuance of the
Preliminary Results that provide a basis for reconsideration of these
determinations.
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\11\ See Preliminary Results Preliminary Decision Memorandum at
10-14.
\12\ See Issues and Decision Memorandum at Comment 11.
\13\ See Issues and Decision Memorandum at Comment 10.
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Therefore, we find for these final results that the following
companies demonstrated their eligibility for separate rate status: (1)
Zhongji; (2) Alcha International Holdings Limited; (3) Dingsheng
Aluminium Industries (Hong Kong) Trading Co., Limited (a.k.a Dingsheng
Aluminium Industries (Hong Kong) Trading Co., Ltd.); (4) Hangzhou
Dingsheng Import&Export Co., Ltd. (a.k.a. Hangzhou Dingsheng Import and
Export Co., Ltd.); (5) Hunan Suntown Marketing Limited; (6) Suntown
Technology Group Corporation Limited (a.k.a. Suntown Technology Group
Co., Ltd.; (7) Xiamen Xiashun Aluminum Foil Co., Ltd, and (8) Yinbang
Clad Materials Co., Ltd. (Yinbang Clad).
Rate for Non-Examined Separate Rate Respondents
As noted in the Preliminary Results,\14\ the statute and Commerce's
regulations do not address what rate to apply to
[[Page 937]]
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, and we have continued to assign the rate calculated for
Zhongji to the companies not selected for individual examination but
that are eligible for a separate rate.
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\14\ See Preliminary Results, 86 FR at 35748.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period April 1, 2019, through March 31, 2020:
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Final weighted-
Exporter average dumping
margin (percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 62.02
Jiangsu Zhongji Lamination Materials Stock Co.,
Ltd./Jiangsu Zhongji Lamination Materials Co.,
Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd...
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Review-Specific Rate Applicable to the Following Companies \15\
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Alcha International Holdings Limited............... 62.02
Dingsheng Aluminium Industries (Hong Kong) Trading 62.02
Co., Limited (a.k.a Dingsheng Aluminium Industries
(Hong Kong) Trading Co., Ltd.)....................
Hangzhou Dingsheng Import&Export Co., Ltd. (a.k.a. 62.02
Hangzhou Dingsheng Import and Export Co., Ltd.)...
Hunan Suntown Marketing Limited.................... 62.02
Suntown Technology Group Corporation Limited 62.02
(a.k.a. Suntown Technology Group Co., Ltd.........
Xiamen Xiashun Aluminum Foil Co., Ltd.............. 62.02
Yinbang Clad Materials Co., Ltd.................... 62.02
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\15\ Rate applicable to the non-examined separate rate
respondents, as discussed above.
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results, or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
China-Wide Entity
In the Preliminary Results, Commerce found that Jiangsu Alcha and
SNTO International Group Limited (SNTO) did not establish eligibility
for a separate rate because SNTO did not file a separate rate
application or certification with Commerce, and because Jiangsu Alcha
failed to respond to our standard NME antidumping questionnaire. No
interested party commented on Commerce's preliminary determination with
respect to Jiangsu Alcha and SNTO. Therefore, for these final results,
we determine these companies to be part of the China-wide entity.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\16\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review and the entity's rate
(i.e., 105.80 percent) is not subject to change.\17\
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\16\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\17\ See Order, 83 FR 17362.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. Commerce intends to issue assessment instructions to CBP
no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).
For each individually examined respondent in this review which has
a final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(l).\18\ We will also
calculate estimated ad valorem importer-specific assessment rates with
which to determine whether the per-unit assessment rates are de
minimis.\19\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\20\
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\18\ See Zhongji Final Analysis Memorandum at Attachment 2.
\19\ Id.
\20\ See 19 CFR 351.106(c)(2).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the rate assigned
to them for the final results (i.e., 62.02 percent). For the companies
identified as part of the China-wide
[[Page 938]]
entity, we will instruct CBP to apply a per-unit assessment rate of
105.80 percent to all entries of subject merchandise during the POR
which were produced or exported by those companies. Pursuant to a
refinement in our non-market economy practice, for sales that were not
reported in the U.S. sales data submitted by companies individually
examined during this review, we will instruct CBP to liquidate entities
associated with those sales at the rate for the China-wide entity.
Furthermore, where we found that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
cash deposit rate) will be liquidated at the rate for the China-wide
entity.\21\
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\21\ For a full description of this practice, see Assessment
Practice Refinement, 86 FR 65694.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For the companies
identified in the chart above, the cash deposit rate will be equal to
the weighted-average dumping margin established in the final results of
this review; (2) for previously investigated or reviewed Chinese and
non-Chinese exporters not listed above that have received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific cash deposit rate
published for the completed segment of the most recent period; (3) for
all Chinese exporters of subject merchandise that have not been found
to be entitled to a separate rate, the cash deposit rate will be the
rate for the China-wide entity; and (4) for all non-Chinese exporters
of subject merchandise which have not received their own separate rate,
the cash deposit rate will be the rate applicable to the Chinese
exporter that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers Regarding Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a final reminder to parties subject to
APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: HTS Classifications for Certain Material Inputs and
By-Products
Comment 3: Ocean Freight
Comment 4: Double Remedies Adjustment
Comment 5: Sales to Foreign Trade Zones
Comment 6: Differential Pricing Methodology
Comment 7: Calculation of Zhongji's Margin
Comment 8: Separate Rate Margin
Comment 9: Selection of Individually Examined Respondents
Comment 10: Correction of Company Names
Comment 11: Review of Shanghai Huafon Aluminum Corporation
VI. Recommendation
[FR Doc. 2022-00080 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 7, 2022.
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