Notice2023-09568
Certain Aluminum Foil From 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; 2021-2022
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 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain companies under review sold subject merchandise at less than normal value during the period of review (POR), April 1, 2021, through March 31, 2022. Additionally, Commerce is rescinding this administrative review with respect to certain companies. Interested parties are invited to comment on these preliminary results of this review.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29092-29095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09568]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From 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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain companies under review sold subject merchandise
at less than normal value during the period of review (POR), April 1,
2021, through March 31, 2022. Additionally, Commerce is rescinding this
administrative review with respect to certain companies. Interested
parties are invited to comment on these preliminary results of this
review.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-4475.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2022, in response to review requests from multiple
parties, Commerce published the notice of initiation of an
administrative review of the antidumping duty order \1\ on certain
aluminum foil from the People's Republic of China (China).\2\ On
September 7, 2022, all requests for review were withdrawn for certain
companies.\3\ On December 2, 2022, we extended the deadline for these
preliminary results of review, until April 28, 2023.\4\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
\3\ See Petitioners' Letter, ``Petitioners Partial Withdrawal of
Review Requests,'' dated September 7, 2022.
\4\ See Memorandum, ``Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
2, 2022.
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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 an appendix to this notice. 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://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Order
The merchandise covered by the order is certain aluminum foil from
China. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act). In determining the dumping margins in this review, we calculated
export prices in accordance with section 772 of the Act. Because
Commerce has determined that China is a non-market economy country,\6\
within the meaning of section
[[Page 29093]]
771(18) of the Act, Commerce calculated normal value in accordance with
section 773(c) of the Act. For a full description of the methodology
underlying the preliminary results of this review, see the Preliminary
Decision Memorandum.
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\6\ 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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Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if all parties that
requested a review withdraw their requests within 90 days of the
publication date of the notice of initiation of the requested review.
On September 7, 2022, the petitioners \7\ withdrew their request for
review of the following companies: (1) Anhui Maximum Aluminum
Industries Company Ltd.; (2) Alcha International Holdings Limited; (3)
Granges Aluminum (Shanghai) Co., Ltd.; (4) Hunan Suntown Marketing
Limited; (5) Jiangsu Huafeng Aluminum Industry Co., Ltd.; (6) Jiangsu
Zhongji Lamination Materials Co., Ltd.; (7) Jiangsu Zhongji Lamination
Materials Co., (HK) Ltd.; (8) Suntown Technology Group Corporation
Limited; (9) Xiamen Xiashun Aluminum Foil Co., Ltd.; (10) Yinbang Clad
Materials Co., Ltd.; and (11) Walson (HK) Trading Co., Limited.\8\
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\7\ The petitioners are the Aluminum Trade Enforcement Working
Group and its individual members, i.e., JW Aluminum Company, Novelis
Corporation, and Reynolds Consumer Products, LLC.
\8\ See Petitioners' Letter, ``Petitioners Partial Withdrawal of
Review Requests,'' dated September 7, 2022.
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Because the review requests for each of the 11 companies named
above have been timely withdrawn, and because no other party has
requested a review of these companies, we are rescinding this review
with respect to these 11 companies, in accordance with 19 CFR
351.213(d)(1).
Preliminary Determination of No Shipments
Shanghai Shenyan Packaging Materials Co., Ltd. (Shanghai Shenyan)
reported no shipments of subject merchandise to the United States
during the POR.\9\ We confirmed the no-shipment claims by reviewing
information obtained from a U.S. Customs and Border Protection (CBP)
data query \10\ and by contacting CBP to request that it provide any
information that contradicted the no-shipment claims of these
companies. To date, CBP has not responded to our inquiry with any
contrary information, and we have not received any evidence that this
company had any shipments of the subject merchandise sold to the United
States during the POR.\11\
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\9\ See Shanghai Shenyan's Letter, ``No Sales Certification,''
dated July 11, 2022 (Shanghai Shenyan No Shipment Certification).
\10\ See Memorandum, ``U.S. Customs and Border Protection
Data,'' dated June 24, 2022, at Attachment 1.
\11\ CBP responds to Commerce's inquiry only when there are
records of shipments from the company in question. See, e.g.,
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products
from Brazil: Notice of Rescission of Antidumping Duty Administrative
Review, 75 FR 65453, 65454 (October 25, 2010).
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Based on its no-shipment certification, our analysis of the results
of the CBP data queries, and the fact that CBP identified no
information that contradicted the no-shipment claim, we preliminarily
determine that Shanghai Shenyan did not have any shipments of subject
merchandise to the United States during the POR. Consistent with
Commerce's practice in non-market economy cases, we have not rescinded
the review with respect to Shanghai Shenyan, but we will continue the
review of this company and issue instructions to CBP based on the final
results of the review.\12\
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\12\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Preliminary Affiliation and Single Entity Determination
Consistent with Commerce's treatment of Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Ltd.); Hangzhou Dingsheng
Import&Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co.,
Ltd.); Hangzhou Five Star Aluminium Co., Ltd.; Hangzhou Teemful
Aluminium Co., Ltd.; Inner Mongolia Liansheng New Energy Material Co.;
and Inner Mongolia Xinxing New Energy Material Co., Ltd. (collectively,
Dingsheng) in a prior segment of this proceeding,\13\ we have continued
to find that these companies are affiliated entities, pursuant to
sections 771(33)(E), (F), and (G) of the Act, and that they should be
treated as a single entity pursuant to 19 CFR 351.401 (f)(1)-(2). For
additional information, see the Preliminary Decision Memorandum.
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\13\ 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 continuing to treat
these companies as a collapsed entity in this review. See
Memorandum, ``Dingsheng Analysis for the Preliminary Results,''
dated concurrently with this memorandum.
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Separate Rates
We have preliminarily determined that the companies within the
Dingsheng entity demonstrated their eligibility for a separate rate. We
have also preliminarily determined that Shanghai Huafon Aluminium
Corporation (Shanghai Huafon) is ineligible for a separate rate because
it filed no response to our antidumping questionnaire.\14\ For
additional information, see the Preliminary Decision Memorandum.
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\14\ See Preliminary Decision Memorandum at 2.
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China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\15\ Because no party
requested a review of the China-wide entity, the China-wide entity is
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 105.80 percent).\16\
Because Shanghai Huafon did not demonstrate its eligibility for a
separate rate, we preliminarily determine Shanghai Huafon to be part of
the China-wide entity.
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\15\ 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).
\16\ See Order.
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Preliminary Results of Review
We are preliminarily assigning the following dumping margins to the
firms listed below for the period April 1, 2021, through March 31,
2022:
[[Page 29094]]
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Weighted-average
Exporter dumping margin
(percent)
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Dingsheng Aluminium Industries (Hong Kong) Trading 32.85
Co., Limited (Dingsheng Aluminium Industries (Hong
Kong) Trading Co., Ltd.)/Hangzhou Dingsheng Import
& Export Co., Ltd. (Hangzhou Dingsheng Import and
Export Co., Ltd.)/Hangzhou Five Star Aluminium
Co., Ltd./Hangzhou Teemful Aluminium Co., Ltd./
Inner Mongolia Liansheng New Energy Material Co./
Inner Mongolia Xinxing New Energy Material Co.,
Ltd...............................................
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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.\17\
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.\18\ 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.\19\
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\17\ See 19 CFR 351.309(c)(ii).
\18\ See 19 CFR 351.309(d).
\19\ 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.\20\ 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.\21\
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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\20\ See 19 CFR 351.310(c).
\21\ See 19 CFR 351.310(d).
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All submissions must be filed electronically using ACCESS.\22\ An
electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time on the due date.\23\ Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\24\
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\22\ See generally 19 CFR 351.303.
\23\ 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).
\24\ See 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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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.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\25\ 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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\25\ 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.\26\ 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.\27\ 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.\28\ 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.\29\
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\26\ See 19 CFR 351.212(b)(1).
\27\ See 19 CFR 351.212(b)(1).
\28\ Id.
\29\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Duty Proceedings; Final Modification, 77 FR 8101 (February 14,
2012).
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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.\30\ 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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\30\ 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.
[[Page 29095]]
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 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) \31\ 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 cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\31\ See Order.
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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 and/or countervailing 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 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: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Sections in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A of the Act
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2023-09568 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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