Notice2023-24253
Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 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
November 2, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain exporters/producers of certain aluminum foil (aluminum foil) from the People's Republic of China (China) during the period of review (POR) January 1, 2021, through December 31, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75267-75269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China: Final
Results of Countervailing Duty Administrative; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
[[Page 75268]]
countervailable subsidies were provided to certain exporters/producers
of certain aluminum foil (aluminum foil) from the People's Republic of
China (China) during the period of review (POR) January 1, 2021,
through December 31, 2021.
DATES: Applicable November 2, 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 May 4, 2023, Commerce published the Preliminary Results of this
administrative review in the Federal Register.\1\ For a complete
description of the events that occurred since the Preliminary Results,
see the Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Countervailing Duty Administrative
Review and Rescission of Review, in Part; 2021, 88 FR 28496 (May 4,
2023) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------
\3\ 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); 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) (collectively, Order).
---------------------------------------------------------------------------
The product covered by the scope of the Order is aluminum foil from
China. A full description of the scope of the Order is contained in the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the interested parties in their case and
rebuttal briefs are addressed in the Issues and Decision Memorandum. A
list of topics discussed in the Issues and Decision Memorandum is
provided in the appendix to this notice. 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 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 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>.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we revised the calculation of the net
countervailable subsidy rates for Jiangsu Zhongji Lamination Materials
Co., Ltd. (f/k/a Jiangsu Zhongji Lamination Materials Stock Co., Ltd.)
(Zhongji). For a discussion of these changes, see the Issues and
Decision Memorandum.
Methodology
Commerce conducted this administrative review in accordance with
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act).
For each of the subsidy programs found to be countervailable, we find
that there is a subsidy, i.e., a government-provided financial
contribution that gives rise to a benefit to the recipient, and that
the subsidy is specific.\4\ For a complete description of the
methodology underlying all of Commerce's conclusions, including our
reliance, in part, on facts otherwise available, including adverse
facts available, pursuant to sections 776(a) and (b) of the Act, see
the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\4\ 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.
---------------------------------------------------------------------------
Companies Not Selected for Individual Review
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act
instructs Commerce, as a general rule, to calculate the all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and producers individually investigated,
excluding any zero or de minimis countervailable subsidy rates, and any
rates determined entirely on the basis of facts available.
There are 10 companies for which a review was requested and not
rescinded, and which were not selected as mandatory respondents or
found to be cross-owned with Zhongji, the mandatory respondent. For
these non-selected companies, because the rate calculated for the only
participating mandatory respondent in this review, Zhongji, was above
de minimis and not based entirely on facts available, we are applying
Zhongji's subsidy rate to the 10 non-selected companies.
This is the same methodology Commerce applied in the Preliminary
Results for determining a rate for companies not selected for
individual examination. However, due to changes in the calculation for
Zhongji, we revised the non-selected rate accordingly. Consequently,
for the 10 non-selected companies for which a review was requested and
not rescinded, we are applying an ad valorem subsidy rate of 25.32
percent.\5\
---------------------------------------------------------------------------
\5\ This reflects the net countervailable ad valorem subsidy
rate without the entered value adjustment (EVA). See Issues and
Decision Memorandum at 4.
---------------------------------------------------------------------------
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2021, through December 31, 2021:
---------------------------------------------------------------------------
\6\ 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 (i.e., the
Aluminum Association Trade Enforcement Working Group and its
individual members: JW Aluminum Company, Novelis Corporation, and
Reynolds Consumer Products, LLC) 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 have
not rescinded the review with respect to these companies.
\7\ This net countervailable ad valorem subsidy rate reflects an
EVA. See Issues and Decision Memorandum at 4.
\8\ The rates reflect the ad valorem net countervailable subsidy
rate without the entered value adjustment EVA. See Issues and
Decision Memorandum at 4.
[[Page 75269]]
------------------------------------------------------------------------
Subsidy rate
Producer or exporter (percent ad
valorem)
------------------------------------------------------------------------
Anhui Zhongji Battery Foil Science & Technology Co., \7\ 24.49
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.) \6\..
------------------------------------------------------------------------
Review-Specific Rate Applicable to the Following
Companies \8\
------------------------------------------------------------------------
Dingsheng Aluminum Industries (Hong Kong) Trading Co., 25.32
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 Aluminum Co., Ltd.; and Walson (HK) Trading
Co., Limited \9\.......................................
Luoyang Longding Aluminium Industries Co., Ltd.......... 25.32
Shanghai Shenyan Packaging Materials Co., Ltd........... 25.32
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\9\ 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 Aluminum Co., Ltd.; and Walson (HK) Trading
Co., Limited. The subsidy rate applies to all cross-owned companies.
See Order.
---------------------------------------------------------------------------
Commerce intends to disclose calculations and analysis performed
for the final results of review within five days after the date of
publication of this notice in the Federal Register in accordance with
19 CFR 351.224(b).
Cash Deposit Requirements
In accordance with section 751(a)(1) of the Act, Commerce also
intends to instruct U.S. Customs and Border Protection (CBP) to collect
cash deposits of estimated countervailing duties in the amounts shown
above for the above-listed companies with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of these final results
of review. For all non-reviewed firms, we will instruct CBP to continue
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the
company, as appropriate. These cash deposit requirements, effective
upon publication of these final results, shall remain in effect until
further notice.
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and CBP shall assess,
countervailing duties on all appropriate entries covered by this
review, for the above-listed companies at the applicable ad valorem
assessment rates listed. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after 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).
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an 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 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 sanctionable
violation.
Notification to Interested Parties
The final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: October 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether Commerce Should Make an Adverse Inference to
Find that Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a/
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.) (Zhongji)
Benefited from the Export Buyer's Credit (EBC) Program
Comment 2: Whether Commerce Should Grant Zhongji an Entered
Value Adjustment (EVA)
Comment 3: Whether Commerce Should Revise Zhongji's Total Sales
Denominators
Comment 4: Whether the Provision of Electricity for Less Than
Adequate Remuneration (LTAR) Is Countervailable
Comment 5: Whether Commerce Should Revise the Benefit
Calculation for the Provision of Electricity for LTAR
Comment 6: Whether Commerce Should Find that the Input Producers
Are Government Authorities
Comment 7: Whether Commerce Should Continue to Make an Adverse
Inference to Find Distortion in the Primary Aluminum and Aluminum
Plate and/or Sheet and Strip Markets
Comment 8: Whether Commerce Should Modify the Benchmark for
Aluminum Plate and/or Sheet and Strip
Comment 9: Whether Warehousing Fees Should Be Included in the
Benchmark for Primary Aluminum
Comment 10: Whether Commerce Should Adjust the Inland Freight
Benchmark for the Provision of Primary Aluminum and Aluminum Plate
and/or Sheet and Strip for LTAR Programs
Comment 11: Whether Commerce Should Revise the Benchmark for the
Provision of Land for LTAR
Comment 12: Whether Commerce Should Revise the Benefit
Calculations for the Provision of Land for LTAR and the Import
Tariff and Value-Added Tax (VAT) Exemptions on Imported Equipment in
Encouraged Industries Program
Comment 13: Whether Commerce Should Apply Adverse Facts
Available (AFA) to Self-Reported ``Other Subsidies''
Comment 14: Whether Commerce Should Select Hangzhou Five Star
Aluminium Co., Ltd., and Its Affiliates, as an Additional Mandatory
Respondent
IX. Recommendation
[FR Doc. 2023-24253 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 2, 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.