Notice2022-03409
Certain Aluminum Foil From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review, 2019-2020
Primary source
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Published
February 17, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain aluminum foil from the People's Republic of China (China) to correct ministerial errors. The period of review (POR) is April 1, 2019, through March 31, 2020.
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9035-9037]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03409]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review, 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty order on
certain aluminum foil from the People's Republic of China (China) to
correct ministerial errors. The period of review (POR) is April 1,
2019, through March 31, 2020.
DATES: Applicable February 17, 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
On January 7, 2022, Commerce disclosed its calculations for the
Final Results \1\ to interested parties.\2\ On January 12, 2022, the
petitioners \3\ and 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) submitted allegations of
ministerial errors in the Final Results.\4\ On January 19, 2022,
Zhongji filed rebuttal ministerial error comments.\5\
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\1\ See 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, 87 FR 935 (January
7, 2022) (Final Results), and accompanying Issues and Decision
Memorandum.
\2\ See Memoranda, ``2019-2020 Antidumping Administrative Review
of Certain Aluminum Foil from the People's Republic of China--
Zhongji Analysis for the Final Results,'' dated December 30, 2021
(Zhongji Final Analysis Memorandum); and ``Antidumping Duty
Administrative Review of Certain Aluminum Foil from the People's
Republic of China: Final Surrogate Value Memorandum,'' dated
December 30, 2021 (Final Surrogate Value Memorandum). Commerce
released both the Zhongji Final Analysis Memorandum and the Final
Surrogate Value Memorandum to interested parties on January 7, 2022.
\3\ The petitioners are the Aluminum Association Trade
Enforcement Working Group and its individual members.
\4\ See Petitioners' Letter, ``2nd Administrative Review of the
Antidumping Order on Certain Aluminum Foil from the People's
Republic of China--Petitioners' Comments Identifying Ministerial
Errors in Final Results,'' dated January 12, 2022; see also
Zhongji's Letter, ``Administrative Review of the Antidumping Duty
Order on Certain Aluminum Foil from the People's Republic of China:
Ministerial Error Comments,'' dated January 12, 2022.
\5\ See Zhongji's Letter, ``Administrative Review of the
Antidumping Duty Order on Certain Aluminum Foil from the People's
Republic of China: Rebuttal Ministerial Error Comments,'' dated
January 19, 2022.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . .''
Ministerial Error
Commerce agrees with the petitioners that Commerce made
inadvertent, unintentional errors in the Final Results within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to its calculation of financial ratios from the financial statement of
Alcomet A.B. used in the calculation of normal value for respondent,
Zhongji. Accordingly, Commerce determines that, in accordance with
section 751(h) of the Act and 19 CFR 351.224(f), it made ministerial
errors in the Final Results. However, Commerce determines that it did
not make a ministerial error with respect to one of the alleged errors
and that correction of the other alleged ministerial error has no
effect on the margin.
For a complete discussion of each of the ministerial error
allegations, as well as Commerce's analysis, see the accompanying
Ministerial Error Memorandum.\6\ The Ministerial Error Memorandum is a
public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS).
[[Page 9036]]
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain Aluminum Foil from the People's Republic of
China: Ministerial Error Allegation in the Final Results,'' dated
concurrently with this notice (Ministerial Error Memorandum).
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Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Results to reflect the correction of a ministerial error in the
calculation of the weighted-average dumping margin assigned to Zhongji
in the Final Results, which changes from 62.02 percent to 63.52
percent. Furthermore, we are revising the review-specific, weighted-
average dumping margin applicable to the companies not selected for
individual examination in this administrative review, which is based
entirely on Zhongji's weighted-average dumping margin.\7\
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\7\ See Final Results, 86 FR at 936, 937.
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Amended Final Results
As a result of correcting the ministerial errors, 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-average
Exporter dumping margin
(percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) 63.52
Ltd./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
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Alcha International Holdings Limited........... 63.52
Dingsheng Aluminium Industries (Hong Kong) 63.52
Trading Co., Limited (a.k.a. Dingsheng
Aluminium Industries (Hong Kong) Trading Co.,
Ltd.).........................................
Hangzhou Dingsheng Import & Export Co., Ltd. 63.52
(a.k.a. Hangzhou Dingsheng Import and Export
Co., Ltd.)....................................
Hunan Suntown Marketing Limited................ 63.52
Suntown Technology Group Corporation Limited 63.52
(a.k.a. Suntown Technology Group Co., Ltd.)...
Xiamen Xiashun Aluminum Foil Co., Ltd.......... 63.52
Yinbang Clad Materials Co., Ltd................ 63.52
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after publication of these amended final
results in the Federal Register, in accordance with 19 CFR 351.224(b).
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 of subject
merchandise in accordance with these amended final results of review.
We intend to issue assessment instructions to CBP no earlier than 35
days after the date of publication of these amended final results. 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).
Where Zhongji reported reliable entered values, we calculated
importer- (or customer-) specific ad valorem rates by aggregating the
dumping margins calculated for all U.S. sales to each importer (or
customer) and dividing this amount by the total entered value of the
sales to each importer (or customer).\8\ Where Commerce calculated a
weighted-average dumping margin by dividing the total amount of dumping
for reviewed sales to that party by the total sales quantity associated
with those transactions, Commerce will direct CBP to assess importer-
(or customer-) specific assessment rates based on the resulting per-
unit rates.\9\ Where an importer- (or customer-) specific ad valorem or
per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce
will instruct CBP to collect the appropriate duties at the time of
liquidation.\10\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is zero or de minimis, Commerce will instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\11\
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\8\ See 19 CFR 351.212(b)(1).
\9\ Id.
\10\ Id.
\11\ See 19 CFR 351.106(c)(2).
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For the non-selected respondents that received a separate rate,\12\
we will instruct CBP to apply an antidumping duty assessment rate of
63.52 percent to all entries of subject merchandise that entered the
United States during the POR. For the companies that we determined had
no reviewable entries of the subject merchandise in this review period,
any suspended entries that entered under those exporters' case numbers
(i.e., at the exporters' rates) will be liquidated at the China-wide
rate.\13\ For all other companies, we will instruct CBP to apply the
antidumping duty assessment rate of the China-wide entity to all
entries of subject merchandise exported by these companies.\14\
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\12\ These companies are: Alcha International Holdings Limited;
Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited
(a.k.a. Dingsheng Aluminium Industries (Hong Kong) Trading Co.,
Ltd.); Hangzhou Dingsheng Import & Export Co., Ltd. (a.k.a. Hangzhou
Dingsheng Import and Export Co., Ltd.); Hunan Suntown Marketing
Limited; Suntown Technology Group Corporation Limited (a.k.a.
Suntown Technology Group Co., Ltd.); Xiamen Xiashun Aluminum Foil
Co., Ltd.; and Yinbang Clad Material Co., Ltd.
\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
\14\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 19730, 19731 (April 8, 2020) (``All
firms listed below that wish to qualify for separate rate status in
the administrative reviews involving NME countries must complete, as
appropriate, either a separate rate application or certification, as
described below.'').
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[[Page 9037]]
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, except for the companies which lost their separate rate
eligibility in this review, the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate, or lost their separate rate eligibility in this review,
the cash deposit rate will be that for the China-wide entity; \15\ and
(4) for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\15\ In this proceeding, the China-wide cash deposit rate of
95.15 percent reflects the dumping margin of 105.80 percent adjusted
for subsidy offset. See Certain Aluminum Foil from the People's
Republic of China: Amended Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order, 83 FR 17362, 17363
(April 19, 2018).
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Notification to Importers
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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: February 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-03409 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 17, 2022.
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