Notice2023-09426
Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2021
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
May 4, 2023
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, 2021, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28496-28498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09426]
-----------------------------------------------------------------------
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; 2021
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, 2021, through
December 31, 2021.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison, 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) 482-1240.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, Commerce published a notice of initiation of an
administrative review of the order,\1\ covering the requested
companies.\2\ As explained below, on September 7, 2022, the Aluminum
Association Trade Enforcement Working Group (the petitioners) withdrew
their review requests with respect to certain companies.\3\ On December
8, 2022, Commerce extended the deadline for completion of these
preliminary results until no later than April 28, 2023.\4\
---------------------------------------------------------------------------
\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, 87 FR 35165 (June 9, 2022) (Initiation
Notice).
\3\ See Petitioners' Letter, ``Petitioners' Partial Withdrawal
of Requests for Administrative Reviews,'' dated September 7, 2022
(Petitioners' Withdrawal of Review Requests).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2021,'' dated
December 8, 2022.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of topics discussed in the Preliminary Decision Memorandum is
included appendix I 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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\5\ 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; 2021,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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 (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.\6\ For a full description of the methodology
underlying our conclusions, see the accompanying Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\6\ 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.
---------------------------------------------------------------------------
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.''
The subsidy rate calculated in these preliminary results for the
mandatory respondent reflects an entered value adjustment.\7\
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at ``Entered Value
Adjustment,'' for a discussion of the methodology.
---------------------------------------------------------------------------
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
[[Page 28497]]
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 petitioners timely withdrew their requests for
review of certain companies.\8\
Because no other party requested a review of these 15 companies,
and in accordance with 19 CFR 351.213(d)(1), we are rescinding the
review with respect to these companies (see appendix II).
Preliminary Results of Review
Commerce preliminarily determines that, during the POR, the
following countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Anhui Zhongji Battery Foil Science & Technology Co., \10\ 24.37
Ltd. (aka Anhui Zhongji Battery Foil Sci&Tech Co.,
Ltd.); Jiangsu Huafeng Aluminum Industry Co., Ltd.;
Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.);
Jiangsu Zhongji Lamination Materials Co., (HK) Limited;
and Shantou Wanshun New Material Group Co., Ltd. (f/k/a
Shantou Wanshun Package Material Stock Co., Ltd.) \9\..
Dingsheng Aluminum Industries (Hong Kong) Trading Co., \12\ 25.20
Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou
Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
Industrial Group Co. Ltd.; Hangzhou Five Star Aluminium
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.\11\.........................
Shanghai Shenyan Packaging Materials Co., Ltd........... \13\ 25.20
------------------------------------------------------------------------
Assessment Rates
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 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).
---------------------------------------------------------------------------
\8\ See Petitioners' Withdrawal of Review Requests. The
petitioners also withdrew their request for review for three
companies which were found to be cross-owned with Jiangsu Zhongji
Lamination Materials Stock Co., Ltd. in a prior segment of this
proceeding. These companies are: Anhui Maximum Aluminium Industries
Company Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd. and
Shantou Wanshun Package Material Stock Co., Ltd. See Petitioners'
Withdrawal of Review Requests at 3-4. During the course of this
review, we determined that Anhui Maximum Aluminium Industries
Company Ltd. and Shantou Wanshun Package Material Stock Co., Ltd.
changed their names to Anhui Zhongji Battery Foil Science &
Technology Co., Ltd. (aka Anhui Zhongji Battery Foil Sci&Tech Co.,
Ltd.) and Shantou Wanshun New Material Group Co., Ltd. (f/k/a
Shantou Wanshun Package Material Stock Co., Ltd.), respectively.
Thus, these three companies are included in the ``Preliminary
Results of Review'' section below under their updated company names,
as applicable, and preliminarily determined to be cross-owned with
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.
\9\ In the first administrative review of the Order, Commerce
found the following companies to be cross-owned: Anhui Maximum
Aluminium Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry
Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.); Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun Package
Material Stock Co., Ltd.; and Anhui Maximum Aluminium Industries
Company Ltd. 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). While the petitioners withdrew their
review requests for Anhui Maximum Aluminium Industries Company Ltd.,
Jiangsu Huafeng Aluminum Industry Co., Ltd., and Shantou Wanshun
Package Material Stock Co., Ltd., because these 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 companies.
\10\ This net countervailable ad valorem subsidy rate reflects
an entered value adjustment (EVA). See Preliminary Decision
Memorandum at 8-9.
\11\ 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 Aluminium Co., Ltd.;
Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials
Joint-Stock Co., Ltd.; Luoyang Longding Aluminium Co., Ltd.; and
Walson (HK) Trading Co., Limited. The subsidy rate applies to all
cross-owned companies. See Order.
\12\ This reflects the net countervailable ad valorem subsidy
rate without the EVA. See Preliminary Decision Memorandum at 8-9.
\13\ This reflects the net countervailable ad valorem subsidy
rate without the EVA. See Preliminary Decision Memorandum at 8-9.
---------------------------------------------------------------------------
For the 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, 2021, through December 31, 2021, 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. 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.\15\ Parties who submit arguments are
requested to submit with the
[[Page 28498]]
argument: (1) a statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\16\ Note that Commerce has
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\17\
---------------------------------------------------------------------------
\14\ See 19 CFR 224(b).
\15\ See 19 CFR 351.309(c)(1)(ii) and (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).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See Temporary Rule.
---------------------------------------------------------------------------
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.\18\
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.\19\ If a request for a hearing is made, Commerce will inform
parties of the scheduled date of the hearing.\20\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
---------------------------------------------------------------------------
\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310.
---------------------------------------------------------------------------
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: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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 Rate Benchmarks, Discount Rates, and Benchmarks for
Measuring the Adequacy of Remuneration
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From Review
(1) Alcha International Holdings Limited;
(2) Baotou Alcha Aluminum Co., Ltd.
(3) Granges Aluminum (Shanghai) Co., Ltd.;
(4) Guangxi Baise Xinghe Aluminum Industry Co., Ltd.;
(5) Hunan Suntown Marketing Limited;
(6) Jiangyin Dolphin Pack Ltd. Co.;
(7) Shandong Yuanrui Metal Material Co., Ltd.;
(8) Shanghai Huafon Aluminium Corporation;
(9) SNTO International Trade Limited;
(10) Suntown Technology Group Corporation Limited;
(11) Xiamen Xiashun Aluminum Foil Co., Ltd.;
(12) Yantai Donghai Aluminum Co., Ltd.;
(13) Yantai Jintai International Trade Co., Ltd.;
(14) Yinbang Clad Material Co., Ltd.;
(15) Zhejiang Zhongjin Aluminum Industry Co., Ltd.
[FR Doc. 2023-09426 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on May 4, 2023.
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.