Notice2023-13671
Certain Aluminum Foil From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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
June 28, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty order on certain aluminum foil (aluminum foil) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels as indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 123 (Wednesday, June 28, 2023)</title>
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[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41884-41885]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13671]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the U.S.
Department of Commerce (Commerce) finds that revocation of the
countervailing duty order on certain aluminum foil (aluminum foil) from
the People's Republic of China (China) would be likely to lead to
continuation or recurrence of countervailable subsidies at the levels
as indicated in the ``Final Results of Sunset Review'' section of this
notice.
DATES: Applicable June 28, 2023.
FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck, 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) 482-7421.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2023, Commerce published the notice of initiation of
the first sunset review of the Order,\1\ pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a
notice of intent to participate from Aluminum Association Trade
Enforcement Working Group and
[[Page 41885]]
its individual members Gr[auml]nges Americas Inc.; JW Aluminum Company;
Novelis Corporation; and Reynolds Consumer Products, LLC (collectively,
domestic interested parties) within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\ Each claimed interested party status under section
771(9)(C) of the Act as domestic producers engaged in the production in
the United States of aluminum foil.
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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)
(Aluminum Foil from China Amended Final Determination and Order);
see also Certain Aluminum Foil from the People's Republic of China:
Notice of Court Decision Not in Harmony With the Amended Final
Determination in the Countervailing Duty Investigation, and Notice
of Amended Final Determination and Amended Countervailing Duty
Order, 85 FR 47730 (August 6, 2020) (Aluminum Foil from China Second
Amended Final Determination and Amended Order) (collectively, the
Order).
\2\ See Initiation of Five-Year (Sunset) Review, 88 FR 12915
(March 1, 2023).
\3\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Notice of Intent to Participate,'' dated March
9, 2023.
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Commerce received a substantive response from the domestic
interested parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\4\ We did not receive a substantive response from any
other interested party in these proceedings, and no party requested a
hearing.
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\4\ See Domestic Interested Parties' Letter, ``Domestic
Interested Parties' Substantive Response,'' dated March 31, 2023.
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On April 20, 2023, Commerce notified the U.S. International Trade
Commission that it did not receive an adequate substantive response
from respondent interested parties.\5\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted expedited (120-day) sunset reviews of the Order.
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\5\ See Commerce's Letter, ``Sunset Reviews Initiated on March
1, 2023,'' dated April 20, 2023.
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Scope of the Order
The product covered by the Order is aluminum foil. For a complete
description of the scope of this order, see the Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset Review of the Countervailing Duty Order of
Certain Aluminum Foil from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum, including the likelihood of continuation or
recurrence of countervailable subsidies and the net countervailable
subsidy likely to prevail if the Order were revoked.\7\ 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 Services 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 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>.
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\7\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to the
continuation or recurrence of countervailable subsidies at the
following rates:
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Subsidy rate
Producer/Exporter (percent ad
valorem)
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Dingsheng Aluminum Industries (Hong Kong) Trading Co., 54.35
Ltd.\8\................................................
Jiangsu Zhongji Lamination Materials Co., Ltd.\9\....... 40.71
Loften Aluminum (Hong Kong) Limited..................... 114.77
Manakin Industries, LLC \10\............................ 114.77
All Others.............................................. 47.53
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Administrative Protective Order
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\8\ See Countervailing Duty Investigation of Certain Aluminum
Foil from the People's Republic of China: Final Affirmative
Determination, 83 FR 9274 (March 5, 2018) (Aluminum Foil from China
Final Determination). In Aluminum Foil from China Final
Determination, Commerce found the following companies to be cross-
owned with Dingsheng Aluminum Industries (Hong Kong) Trading Co.,
Ltd.: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.;
Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star Aluminum
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang Longding
Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co., Ltd.;
Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK)
Trading Co., Limited. Aluminum Foil from China Amended Final
Determination and Order and Aluminum Foil from China Second Amended
Final Determination and Amended Order made no changes to Dingsheng
Aluminum Industries (Hong Kong) Trading Co., Ltd.'s cross-owned
companies as described in Aluminum Foil from China Final
Determination. The subsidy rate applies to all cross-owned
companies.
\9\ In Aluminum Foil from China Final Determination, Commerce
found the following companies to be cross-owned with Jiangsu Zhongji
Lamination Materials Co., Ltd.: Shantou Wanshun Package Material
Stock Co., Ltd.; Jiangsu Huafeng Aluminum Industry Co., Ltd.; and
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. Aluminum Foil
from China Amended Final Determination and Order and Aluminum Foil
from China Second Amended Final Determination and Amended Order made
no changes to Jiangsu Zhongji Lamination Materials Co., Ltd.'s
cross-owned companies as described in Aluminum Foil from China Final
Determination; see also 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)
(Aluminum Foil from China AR 2017-18 Final Results) and accompanying
Issue and Decision Memorandum at footnote 10. In Aluminum Foil from
China AR 2017-18 Final Results, there were changes to Jiangsu
Zhongji's cross-owned companies from Aluminum Foil from China Final
Determination, ``As discussed in the Preliminary Decision
Memorandum, Commerce has found the following companies to be cross-
owned with Jiangsu Zhongji Lamination Materials Co., Ltd.: Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK); Jiangsu
Huafeng Aluminum Industry Co. Ltd. (Jiangsu Huafeng); Shantou
Wanshun Material Stock Co., Ltd. (Shantou Wanshun); and Anhui
Maximum Aluminum Industries Company Limited (Anhui Maximum).'' The
subsidy rate applies to all cross-owned companies.
\10\ In Aluminum Foil from China Final Determination, Commerce
found that Manakin Industries, LLC and Suzhou Manakin Aluminum
Processing Technology Co., Ltd. (Suzhou Manakin), effectively
function by joint operation as a trading company. Therefore, the
subsidy rate for Manakin Industries, LLC also applies to Suzhou
Manakin. Aluminum Foil from China Amended Final Determination and
Order and Aluminum Foil from China Second Amended Final
Determination and Amended Order made no changes to the determination
that Manakin Industries, LLC and Suzhou Manakin effectively operate
as a joint operation as a trading company, and therefore should
receive the same rate, as described in Aluminum Foil from China
Final Determination.
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This notice serves as the only 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). Timely written notification
of the 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 this notice in accordance with
sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218.
Dated: June 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
IX. Appendix: Calculation of Net Countervailable Subsidy Rates
Likely to Prevail
[FR Doc. 2023-13671 Filed 6-27-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 28, 2023.
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