Notice2023-21653
Certain Aluminum Foil From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Primary source
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Published
October 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain aluminum foil (aluminum foil) from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 189 (Monday, October 2, 2023)</title>
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[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Notices]
[Page 67728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21653]
[[Page 67728]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053, C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on certain aluminum foil (aluminum foil) from the People's
Republic of China (China) would likely lead to the continuation or
recurrence of dumping and countervailable subsidies, and material
injury to an industry in the United States, Commerce is publishing a
notice of continuation of these AD and CVD orders.
DATES: Applicable September 22, 2023.
FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck or Erin Kearney, 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, or (202)
482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2018, Commerce published in the Federal Register the
AD and CVD orders on aluminum foil from China.\1\ On March 1, 2023, the
ITC instituted,\2\ and Commerce initiated,\3\ the first sunset review
of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act). As a result of its reviews, Commerce determined that
revocation of the Orders would likely lead to the continuation or
recurrence of dumping and countervailable subsidies, and therefore,
notified the ITC of the magnitude of the margins of dumping and subsidy
rates likely to prevail should the Orders be revoked.\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); see also
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); and 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) (collectively, the Orders).
\2\ See Aluminum Foil from China; Institution of Five-Year
Reviews, 88 FR 12990 (March 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 12915
(March 1, 2023).
\4\ See Certain Aluminum Foil from the People's Republic of
China: Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 88 FR 42292 (June 30, 2023), and
accompanying Issues and Decision Memorandum (IDM); see also Certain
Aluminum Foil from the People's Republic of China: Final Results of
the Expedited First Sunset Review of the Countervailing Duty Order,
88 FR 42884 (June 28, 2023), and accompanying IDM.
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On September 22, 2023, the ITC published its determination,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\5\
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\5\ See Aluminum Foil from China; Determinations, 88 FR 65405
(September 22, 2023) (ITC Final Determination).
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Scope of the Orders
The merchandise covered by these Orders is aluminum foil having a
thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless
of width. Aluminum foil is made from an aluminum alloy that contains
more than 92 percent aluminum. Aluminum foil may be made to ASTM
specification ASTM B479, but can also be made to other specifications.
Regardless of specification, however, all aluminum foil meeting the
scope description is included in the scope, including aluminum foil to
which lubricant has been applied to one or both sides of the foil.
Excluded from the scope of these Orders is aluminum foil that is
backed with paper, paperboard, plastics, or similar backing materials
on one side or both sides of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut to shape.
Where the nominal and actual measurements vary, a product is within
the scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set forth
above. The products under the Orders are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000. Further, merchandise that falls within the scope of
these Orders may also be entered into the United States under HTSUS
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055,
7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090,
and 7606.92.6080.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of these Orders
is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders. U.S. Customs and Border Protection will continue to collect AD
and CVD cash deposits at the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation of the Orders will be
September 22, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\6\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an 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
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: September 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-21653 Filed 9-29-23; 8:45 am]
BILLING CODE 3510-DS-P
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