Notice2025-15129
Certain Aluminum Foil From the People's Republic of China: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2023
Primary source
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Published
August 8, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China). The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, with respect to 18 companies. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 151 (Friday, August 8, 2025)</title>
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[Federal Register Volume 90, Number 151 (Friday, August 8, 2025)]
[Notices]
[Pages 38442-38445]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15129]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results and Rescission, in Part, of Countervailing Duty
Administrative Review; 2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that countervailable subsidies were provided to producers
and exporters of certain aluminum foil (aluminum foil) from the
People's Republic of China (China). The period of review (POR) is
January 1, 2023, through December 31, 2023. In addition, Commerce is
rescinding this review, in part, with respect to 18 companies.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable August 8, 2025.
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 June 12, 2024, based on timely requests for review, Commerce
initiated this administrative review of the countervailing duty (CVD)
order on
[[Page 38443]]
aluminum foil from China.\1\ On August 8, 2024, Commerce selected
Dingheng New Materials Co., Ltd. (Dingheng) and Shanghai Shenyan
Packaging Materials Co., Ltd. (Shenyan) for individual examination as
the mandatory respondents in this administrative review.\2\ On August
22, 2024, Shenyan withdrew its request for administrative review of
itself and notified Commerce that it would not participate in this
review.\3\ On September 10, 2024, the petitioners \4\ withdrew their
request for review with respect to Dingheng; the petitioners were the
only party to request a review of Dingheng in this administrative
review.\5\ Subsequently, on October 4, 2024, Commerce selected Jiangsu
Zhongji Lamination Materials Co., Ltd. (f/k/a Jiangsu Zhongji
Lamination Materials Stock Co., Ltd.) (Zhongji), the Chinese exporter
with the next largest volume of entries of subject merchandise during
the POR, as an additional mandatory respondent.\6\ On July 22, and
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days and 90 days, respectively.\7\
On November 6, 2024, Commerce extended the deadline for these
preliminary results by 120 days.\8\ The deadline for these preliminary
results is now August 5, 2025.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 49844, 49854 (June 12, 2024)
(Initiation Notice); 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); 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).
\2\ See Memorandum, ``Respondent Selection,'' dated August 8,
2024.
\3\ See Shenyan's Letters, ``Withdrawal of Request for
Administrative Review'' and ``Notice of Intent Not to Participate,''
both dated August 22, 2024.
\4\ The petitioners are the Aluminum Association Trade
Enforcement Working Group and its individual members: JW Aluminum
Company, Novelis Corporation, and Reynolds Consumer Products LLC.
\5\ See Petitioners' Letter, ``Petitioners' Partial Withdrawal
of Requests for Administrative Reviews,'' dated September 10, 2024
(Petitioners' Partial Withdrawal Request).
\6\ See Memorandum, ``Selection of Additional Mandatory
Respondent for Individual Examination,'' dated October 4, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024; see also
Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Countervailing Duty Administrative Review; 2023,'' dated
November 6, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\9\
A list of topics discussed in the Preliminary Decision Memorandum is
included as Appendix I to this notice. The Preliminary 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 Preliminary 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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of Countervailing Duty Order on
Certain Aluminum Foil from the People's Republic of China; 2023,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
The product covered by the Order is aluminum foil from China. For a
complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraw the request within 90 days of the
publication date of the notice of initiation of the requested review.
Commerce received timely-filed withdrawal requests with respect to 17
companies, pursuant to 19 CFR 351.213(d)(1). Because the withdrawal
requests were timely filed, and no other parties requested a review of
these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to these companies.
For a list of these companies with timely-filed withdrawal of review
requests, see Appendix II.
Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an
administrative review when there are no reviewable suspended entries.
Based on our analysis of U.S. Customs and Border Protection (CBP)
information, we preliminarily determine that 26 companies had no
entries of subject merchandise during the POR. On October 24, 2024, we
notified parties that we intended to rescind this administrative review
with respect to the companies that have no reviewable suspended
entries.\10\ Certain interested parties commented on this notification
of intent to rescind the review, in part.\11\ We are now rescinding the
administrative review of one company that had no reviewable suspended
entries, Prosvic Sales, Inc. See Appendix II. For further information,
see the Preliminary Decision Memorandum the at the ``Rescission of
Administrative Review, in Part'' section.
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\10\ See Memorandum, ``Notice of Intent to Rescind Review, In
Part,'' dated October 24, 2024 (Notice of Intent to Partially
Rescind Review). This memorandum inadvertently included the
following companies that were either examined cross-owned affiliates
of mandatory respondent Zhongij or former business names of Zhongji
and its cross-owned affiliates: (1) Anhui Maximum Aluminium
Industries Co., Ltd.; (2) Anhui Zhongji Battery Foil Sci & Tech Co.,
Ltd.; (3) Jiangsu Huafeng Aluminium Industry Co., Ltd.; (4) Jiangsu
Zhongji Lamination Materials Stock Co., Ltd.; (5) Shantou Wanshun
New Material Group Co., Ltd.; and (6) Shantou Wanshun Package
Material Stock Co., Ltd. Appropriately, we have examined Zhongji's
cross-owned affiliates and have not rescinded the administrative
review for these companies.
\11\ See Petitioners' Letter, ``Comments Regarding the
Department's Notice of Intent to Partially Rescind Administrative
Review,'' dated October 31, 2024; see also Zhongji's Letter,
``Comments on Notice of Intent to Rescind Review,'' dated October
31, 2024; and Petitioners' Letter, ``Petitioners' Rebuttal Comments
Concerning Zhongji's Comments on Department's Notice of Intent to
Rescind Review,'' dated November 7, 2024.
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Rate for Non-Selected Companies Under Review
The Act and Commerce's regulations do not address the establishment
of a rate to apply to companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(e)(2) of the Tariff Act of 1930, as amended.
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 instructions for calculating the
all-others rate in an investigation. Section 777A(e)(2) of the Act
provides that ``the individual countervailable subsidy rates determined
under subparagraph (A) shall be used to determine the all-others rate
under section 705(c)(5) {of the Act{time} .'' Section 705(c)(5)(A) of
the Act states that for companies not investigated, in general, we will
determine an all-others rate by weight averaging the countervailable
subsidy rates established for each of the companies individually
investigated, excluding zero and de minimis rates or any rates based
entirely on facts available.
Accordingly, to determine the rate for companies not selected for
individual
[[Page 38444]]
examination, Commerce's practice is to weight-average the net subsidy
rates for the selected mandatory respondents, excluding rates that are
zero, de minimis, or based entirely on facts available.\12\ In this
administrative review, Commerce preliminarily assigned a rate based
entirely on facts available to Shenyan. Therefore, the only rate that
is not zero, de minimis, or based entirely on facts otherwise available
is the rate calculated for Zhongji. Consequently, the rate calculated
for Zhongji is also assigned as the rate for the companies under review
that were not selected for individual examination.
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\12\ See, e.g., Certain Pasta from Italy: Final Results of the
13th (2008) Countervailing Duty Administrative Review, 75 FR 37386,
37387 (June 29, 2010).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Act. For each of the subsidy programs found to be
countervailable, we preliminarily determine that there is a subsidy,
i.e. , a financial contribution by an ``authority'' that gives rise to
a benefit to the recipient, and that the subsidy is specific.\13\ For a
full description of the methodology underlying our conclusions,
including our reliance, in part, on facts otherwise available with
adverse inferences pursuant to sections 776(a) and (b) of the Act, see
the accompanying Preliminary Decision Memorandum.
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\13\ 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.
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Preliminary Results of Review
As a result of this review, we preliminarily determine the
following net countervailable subsidy rates exist for the POR, January
1, 2023, through December 31, 2023:
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Subsidy rate
Company \14\ (percent
ad valorem)
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Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a 25.25
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.)
\15\...................................................
Shanghai Shenyan Packaging Materials Co., Ltd........... 540.55
Non-Selected Companies Under Review \16\................ 27.45
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Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
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\14\ Zhongji's subsidy rate reflects the net countervailable ad
valorem subsidy rate with the entered value adjustment (EVA). The
rate for Non-Selected Companies Under Review reflects Zhongji's net
countervailable ad valorem subsidy rate without the EVA. See
Preliminary Decision Memorandum at 5-6.
\15\ As discussed in the Preliminary Decision Memorandum,
Commerce finds the following companies to be cross-owned with
Zhongji: Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu
Huafeng); Shantou Wanshun New Material Group Co., Ltd. (f/k/a
Shantou Wanshun Package Material Stock Co., Ltd.) (Shantou Wanshun);
Anhui Zhongji Battery Foil Sci&Tech Co., Ltd. (aka Anhui Zhongii
Battery Foil Science & Technology Co., Ltd.) (f/k/a Anhui Maximum
Aluminium Industries Company Limited) (Anhui Zhongji); Sichuan
Wanshun Zhongji Aluminium Industry Co., Ltd.; and Anhui Maximum
Aluminum Co., Ltd. (Zhongji HK). Zhongji also reported for its
wholly-owned trading company Jiangsu Zhongji Lamination Materials
Co., (HK) Limited. Anhui Zhongji, Jiangsu Huafeng, Zhongji HK, and
Shantou Wanshun were listed separately in the Initiation Notice.
\16\ See Appendix III for a list of the non-selected companies
under review.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance.\17\ Pursuant to 19
CFR 351.309(c)(1)(ii), we have modified the deadline for interested
parties to submit case briefs to Commerce no later than 21 days after
the date of the publication of this notice. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\18\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\19\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\17\ See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 (for
general filing requirements).
\18\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\19\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the issues and decision memorandum that will
accompany the final results in this administrative review. We request
that interested parties include footnotes for relevant citations in the
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\21\
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS by 5:00 p.m. Eastern Time within 30
days after the date of publication of this notice. Requests should
contain: (1) the party's name, address, and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to those raised in the
briefs. If a request for a hearing is made, Commerce will inform
parties of the scheduled date for the hearing.\22\
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\22\ See 19 CFR 351.310(d).
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Assessment Rates
Consistent with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), upon issuance of the final results, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this
review.
[[Page 38445]]
For the companies listed in Appendix II for which the review is
being rescinded, Commerce will instruct CBP to assess countervailing
duties on all appropriate entries at a rate equal to the cash deposit
of estimated countervailing duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the period January
1, 2023, through December 31, 2023, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue rescission instructions to
CBP no earlier than 35 days after the date of publication of this
rescission in the Federal Register.
For the companies remaining in the review, Commerce will instruct
CBP to assess countervailing duties on all appropriate entries at the
subsidy rates calculated in the final results of this review. Commerce
intends to issue assessment instructions to CBP no earlier than 35 days
after the date of 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).
Cash Deposit Requirements
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Final Results
Unless the deadline is extended, we intend to issue the final
results of this administrative review, which will include the results
of our analysis of the issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: August 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, and Benchmarks For
Measuring the Adequacy of Remuneration
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation
Appendix II
Companies Rescinded From the Review
A. Withdrawal of Request for Review <SUP>23</SUP>
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\23\ See Petitioners'' Partial Withdrawal Request; see also
Notice of Intent to Partially Rescind Review.
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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. SNTO International Trade Limited
12. Suntown Technology Group Corporation Limited
13. Xiamen Xiashun Aluminum Foil Co., Ltd.
14. Yantai Donghai Aluminum Co., Ltd.
15. Yantai Jintai International Trade Co., Ltd.
16. Yinbang Clad Material Co., Ltd.
17. Zhejiang Zhongjin Aluminum Industry Co., Ltd.
B. No Suspended Entries during the POR <SUP>24</SUP>
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\24\ See Notice of Intent to Partially Rescind Review.
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1. Prosvic Sales, Inc.
Appendix III
Non-Selected Companies Under Review
1. Dingheng New Materials Co., Ltd.
2. Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.
3. Hangzhou DingCheng Aluminum Co., Ltd.
4. Hangzhou Dingsheng Import & Export Co., Ltd.
5. Hangzhou Dingsheng Industrial Group Co. Ltd.
6. Hangzhou Five Star Aluminium Co., Ltd.
7. Hangzhou Teemful Aluminium Co., Ltd.
8. Inner Mongolia Liansheng New Energy Material Co., Ltd.
9. Inner Mongolia Liansheng New Energy Material Joint-Stock Co.,
Ltd.
10. Inner Mongolia Xinxing New Energy Material Co., Ltd.
11. Inner Mongolia Xinxing New Material Co., Ltd.
12. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.;
13. Thai Ding Li New Materials Co., Ltd.
14. Walson (HK) Trading Co., Limited.
[FR Doc. 2025-15129 Filed 8-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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