Notice2023-24599
Certain Aluminum Foil From People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final 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
November 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain companies under review sold certain aluminum foil (aluminum foil) from the People's Republic of China (China) at less than normal value during the period of review (POR) April 1, 2021, through March 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76734-76736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24599]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain companies under review sold certain aluminum foil (aluminum
foil) from the People's Republic of China (China) at less than normal
value during the period of review (POR) April 1, 2021, through March
31, 2022.
DATES: Applicable November 7, 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 May 5, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On August 28, 2023, we
extended the deadline for these final results until November 1,
2023.\2\ For a full summary of the events that occurred since Commerce
published the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Antidumping Administrative Review, and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 29092
(May 5, 2023) (Preliminary Results) and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021-2022 Antidumping Duty Administrative Review,'' dated August 28,
2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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
(Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The merchandise covered by the Order is certain aluminum foil from
China. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum and are listed in the appendix to
this notice.\5\ 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 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 appendix.
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Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we made certain changes to the margin calculations for Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd.; 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., Ltd.; and Inner
Mongolia Xinxing New Energy Material Co., Ltd. (collectively,
Dingsheng).\6\ For a discussion of these changes, see the Issues and
Decision Memorandum.
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\6\ In the Preliminary Results we inadvertently omitted
identifying Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. as
part of the Dingsheng entity, which we have corrected for these
final results. See Preliminary Results, 88 FR at 29092-93.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Shanghai Shenyan Packaging Materials Joint-Stock Co., Ltd. (Shanghai
Shenyan) had no shipments of subject merchandise during the POR. We
received no information to contradict this determination.\7\ Therefore,
we continue to find that Shanghai Shenyan had no shipments of subject
merchandise during the POR and will issue appropriate liquidation
instructions that are consistent with our ``automatic assessment''
clarification for these final results.\8\
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\7\ Id., 88 FR at 29093.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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Separate Rates
In the Preliminary Results, we determined that the Dingsheng single
entity \9\ was eligible for a separate rate,
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and that Shanghai Huafon Aluminum Corporation (Shanghai Huafon) is
ineligible for a separate rate because it did not file a response to
our antidumping duty questionnaire.\10\ No interested parties submitted
comments on Commerce's preliminary separate-rate determinations. For
these final results, we continue to determine that the Dingsheng single
entity is eligible for a separate rate, and that Shanghai Huafon is
ineligible for a separate rate.
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\9\ Consistent with a prior segment of this proceeding, we have
continued to find that Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd.; 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. 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).
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 PDM 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).
\10\ See Preliminary Results, 88 FR at 29093; see also
Preliminary Results PDM at 6-9.
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The 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.\11\ Because no party
requested a review of the China-wide entity, and Commerce did not self-
initiate a review of the entity, the China-wide entity is not under
review, and the weighted-average dumping margin for the China-wide
entity (i.e., 105.80 percent) is not subject to change.\12\ Because
Shanghai Huafon did not demonstrate its eligibility for a separate
rate, we determine Shanghai Huafon to be part of the China-wide entity.
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\11\ 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, 65969-70 (November
4, 2013).
\12\ See Order, 84 FR at 2814.
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Final Results of Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period April 1, 2021, through March 31, 2022:
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Weighted-average
Exporter dumping margin
(percent)
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Jiangsu Dingsheng New Materials Joint-Stock Co., 32.81
Ltd.; 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., Ltd./Inner Mongolia Xinxing
New Energy Material Co., Ltd......................
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Disclosure
Pursuant to 19 CFR 351.224(b), we intend to disclose to parties in
this proceeding the calculations performed for Dingsheng within five
days of the publication of this notice in the Federal Register.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). We intend to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of these final
results 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).
Where Dingsheng reported reliable entered values, we calculated
importer- (or customer-) specific ad valorem rates by aggregating the
dumping margins calculated for all U.S. sales to each importer (or
customer) and dividing this amount by the total entered value of the
sales to each importer (or customer).\13\ Where Commerce calculated a
weighted-average dumping margin by dividing the total amount of dumping
for reviewed sales to that party by the total sales quantity associated
with those transactions, Commerce will direct CBP to assess importer-
(or customer-) specific assessment rates based on the resulting per-
unit rates.\14\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is greater than de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect the appropriate duties at the
time of liquidation.\15\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\16\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ Id.
\16\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as the final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Importers
This notice serves as a final 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 review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
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duties 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, 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 final results of review are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 1, 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. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Financial Ratios
Comment 3: Double Remedies Adjustment
Comment 4: Differential Pricing
VI. Recommendation
[FR Doc. 2023-24599 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2023.
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