Notice2024-26168
Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 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 12, 2024
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, 2022, through December 31, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 218 (Tuesday, November 12, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88957-88959]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26168]
-----------------------------------------------------------------------
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; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: 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, 2022,
through December 31, 2022.
DATES: Applicable November 12, 2024.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or 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) 482-1240 or (202)
482-7421, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2024, Commerce published the Preliminary Results of this
administrative review in the Federal Register and invited comments from
interested parties.\1\ On July 22, 2024, Commerce tolled certain
deadlines in this administrative proceeding by seven days.\2\ On July
26, 2024, Commerce extended the deadline for issuing these final
results to November 5, 2024.\3\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\4\
---------------------------------------------------------------------------
\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; 2022, 89 FR 35790 (May 2,
2024) (Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ Commerce extended the time period for the final results to
180 days after the publication date of the Preliminary Results
(i.e., October 29, 2024). However, because Commerce tolled certain
deadlines in this administrative review by seven days, the deadline
is now November 5, 2024. See Memorandum, ``Extension of Deadline for
Final Results of Countervailing Duty Administrative Review, 2022,''
dated July 26, 2024.
\4\ 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; 2022,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>5</SUP>
---------------------------------------------------------------------------
\5\ 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 Appendix I 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 Hangzhou Five Star
[[Page 88958]]
Aluminium Co., Ltd. (Five Star) and Jiangsu Zhongji Lamination
Materials Co., (HK) Limited (Zhongji HK). In addition, we have also
revised the rate applicable to companies not selected for individual
review. 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.\6\ 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.
---------------------------------------------------------------------------
\6\ 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 directly address the
establishment of rates to be applied to companies not selected for
individual examination where 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 an all-others rate
equal to the weighted average of the countervailable subsidy rates
established for exporters and/or producers individually examined,
excluding any rates that are zero, de minimis, or based entirely on
facts available.
There are 18 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 a mandatory respondent. In this review,
the preliminary rates calculated for Five Star and Zhongji HK are above
de minimis and not based entirely on facts available. Therefore, we are
applying to the non-selected companies the simple average of the net
subsidy rates calculated for Five Star and Zhongji HK.\7\
---------------------------------------------------------------------------
\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly-ranged U.S.
sale quantities for the merchandise under consideration. Commerce
then compares (B) and (C) to (A) and selects the rate closest to (A)
as the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2022, through December 31, 2022:
---------------------------------------------------------------------------
\8\ Commerce finds the following companies to be to be cross-
owned with Five Star: Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd. (Jiangsu Dingsheng), Dingsheng Aluminium Industries (Hong
Kong) Trading Co., Limited or Dingsheng Aluminium Industries (Hong
Kong) Trading Co., Ltd. (Dingsheng HK), Hangzhou Dingsheng Import &
Export Co., Ltd. or Hangzhou Dingsheng Import and Export Co., Ltd.
(Dingsheng IE), Hangzhou Teemful Aluminium Co., Ltd. (Teemful),
Inner Mongolia Liansheng New Energy Material Co., Ltd. or Inner
Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd.
(Liansheng), Inner Mongolia Liansheng New Energy Material Co., Ltd.
or Inner Mongolia Xinxing New Material Co., Ltd. (Xinxing), Hangzou
Dingsheng Industrial Group Co., Ltd. (Dingsheng Group), Hangzhou
Dingcheng Aluminum Co., Ltd. (Dingcheng); Luoyang Longding Aluminium
Co., Ltd. (Longding); Walson (HK) Trading Co., Limited (Walson HK);
Dingheng New Materials Co., Ltd. (Dingheng) and Thai Ding Li New
Materials Co., Ltd. (Ding Li), (collectively, Dingsheng
Respondents). Longding, Walson HK, Dingheng and Ding Li were listed
separately in the Initiation Notice. See Dingsheng Respondents'
Letter, ``Hangzhou Five Star Affiliation Response,'' dated August
25, 2023 (Dingsheng Respondents AQR) at Exhibit A.1.
\9\ As discussed in the Preliminary Results, Commerce finds the
following companies to be to be cross-owned with Zhongji HK: Jiangsu
Zhongji Lamination Materials Co., Ltd. (Zhongji) (FKA Jiangsu
Zhongji Lamination Materials Co., Ltd.); Jiangsu Huafeng Aluminium
Industry Co., Ltd. (Jiangsu Huafeng); Shantou Wanshun New Material
Group Co., Ltd. (Shantou Wanshun) (FKA Shantou Wanshun Package
Material Stock Co., Ltd.); Anhui Zhongji Battery Foil Sci&Tech Co.,
Ltd. (Anhui Zhongji) (FKA Anhui Maximum Aluminium Industries Company
Limited); and Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd.
(Sichuan Wanshun). Anhui Zhongji, Anhui Maximum Aluminium Industries
Company Limited, Jiangsu Huafeng, Zhongji, and Shantou Wanshun
Package Material Stock Co., Ltd. were listed separately in the
Initiation Notice.
\10\ This net countervailable ad valorem subsidy rate reflects
an EVA. See Issues and Decision Memorandum at Comment 3.
\11\ See Appendix II for a list of the non-selected companies
under review.
\12\ The non-selected company rate reflects Five Star's ad
valorem net countervailable subsidy rate and Zhongji HK's ad valorem
net countervailable subsidy rate without the EVA. See Issues and
Decision Memorandum at 4 and Comment 3.
------------------------------------------------------------------------
Subsidy rate (percent
Company ad valorem)
------------------------------------------------------------------------
Hangzhou Five Star Aluminium Co., Ltd.\8\...... 29.90
Jiangsu Zhongji Lamination Materials Co., (HK) \10\ 22.35
Limited \9\...................................
Non-Selected Companies Under Review \11\....... \12\ 27.50
------------------------------------------------------------------------
Disclosure
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
[[Page 88959]]
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: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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 Continue to Make an Adverse
Inference to Find that the Mandatory Respondents Benefited from the
Export Buyer's Credit Program (EBCP)
Comment 2: Whether Commerce Should Revise its Application of the
Trading Company Methodology for Jiangsu Zhongji Lamination Materials
Co., (HK) Ltd. (Zhongji HK)
Comment 3: Whether Commerce Should Grant Jiangsu Zhongji
Lamination Materials Co., Ltd. (Zhongji) an Entered Value Adjustment
(EVA)
Comment 4: Whether Commerce Should Include Non-Production Income
and Commission Expenses in Zhongji's Total Sales Denominator
Comment 5: Whether Commerce Should Adjust the Aluminum Plate
and/or Sheet and Strip Benchmark for the Zhongji Respondents \13\
---------------------------------------------------------------------------
\13\ The Zhongji Respondents include Zhongji HK, Zhongji,
Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng),
Shantou Wanshun New Material Group Co., Ltd. (Shantou Wanshun),
Anhui Zhongji Battery Foil Sci&Tech Co., Ltd. (Anhui Zhongji), and
Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd. (Sichuan
Wanshun).
---------------------------------------------------------------------------
Comment 6: Whether Commerce Should Include Warehouse Storage
Fees in the Benchmark for the Government Provision of Primary
Aluminum for Less Than Adequate Remuneration (LTAR)
Comment 7: Whether Commerce Should Adjust the Calculation of the
Zhongji Respondents' Inland Freight Used in the Primary Aluminum
Benchmark
Comment 8: Whether Commerce Should Include Certain Purchases
Disclosed at Verification to calculate Anhui Zhongji's Benefit from
the Government Provision of Primary Aluminum for LTAR
Comment 9: Whether Commerce Should Revise the Dingsheng
Respondents' Intercompany Sales
Comment 10: Whether Commerce Should Adjust the Primary Aluminum,
Aluminum Sheet and Coal Benchmarks for the Dingsheng Respondents
Comment 11: Whether Commerce Should Include London Metal
Exchange (LME) Data in the Calculation of the Primary Aluminum
Benchmarks for the Dingsheng Respondents
Comment 12: Whether Commerce Should Adjust the Ocean Freight
Benchmarks for the Dingsheng Respondents
Comment 13: Whether Commerce Should Revise the Dingsheng
Respondents' Benefit Calculations for Income Tax Deductions for
Research and Development (R&D) Expenses Under the Enterprise Income
Tax Law (EITL)
Comment 14: Whether Commerce Should Adjust Dingsheng
Respondents' Benefit Calculation for the Government Provision of
Electricity for LTAR
Comment 15: Whether Commerce Should Revise Inner Mongolia
Liansheng New Energy Material Joint-Stock Co., Ltd.'s (Liansheng's)
Benefit Calculation for Certain Government Grants
IX. Recommendation
Appendix II
Non-Selected Companies Under Review
1. Alcha International Holdings Limited
2. Baotou Alcha Aluminum Co., Ltd.
3. Gr[auml]nges Aluminum (Shanghai) Co., Ltd.
4. Guangxi Baise Xinghe Aluminum Industry Co., Ltd.
5. Hunan Suntown Marketing Limited
6. Jiangyin Dolphin Pack Ltd. Co.
7. Luoyang Longding Aluminium Industries Co., Ltd.
8. Shandong Yuanrui Metal Material Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd.
11. Shanghai Shenyan Packaging Materials Co., Ltd.
12. SNTO International Trade Limited
13. Suntown Technology Group Corporation Limited
14. Xiamen Xiashun Aluminium Foil Co. Ltd.
15. Yangtai Jintai International Trade Co., Ltd.
16. Yantai Donghai Aluminum Co., Ltd.
17. Yinbang Clad Material Co., Ltd.
18. Zhejiang Zhongjin Aluminum Industry Co., Ltd.
[FR Doc. 2024-26168 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on November 12, 2024.
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.