Notice2026-03205
Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2023
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
February 18, 2026
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, 2023, through December 31, 2023.
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7437-7439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03205]
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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 Review; 2023
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, 2023,
through December 31, 2023.
DATES: Applicable February 18, 2026.
FOR FURTHER INFORMATION CONTACT: Natasia Byrd, 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 August 8, 2025, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited comments
from interested parties.\1\ Due to the lapse in appropriations and
Federal Government shutdown, on November 14, 2025, Commerce tolled all
deadlines in administrative proceedings by 47 days.\2\ Additionally,
due to a backlog of documents that were electronically filed via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) during the Federal
Government shutdown, on November 24, 2025, Commerce tolled all
deadlines in administrative proceedings by an additional 21 days.\3\
Accordingly, the deadline for these final results is now February 12,
2026.
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results and Rescission, in Part, of
Countervailing Duty Administrative Review; 2023, 90 FR 38442 (August
8, 2025) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum, ``Deadlines Affected by the Shutdown of the
Federal Government,'' dated November 14, 2025.
\3\ See Memorandum, ``Tolling of all Case Deadlines,'' dated
November 24, 2025.
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For a complete description of the events that occurred since the
Preliminary Results, see the Issues and Decision Memorandum.\4\ 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>.
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\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; 2023,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\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).
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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.
Changes Since the Preliminary Results
Based on our analysis of comments from interested parties and the
evidence on the record, we made certain changes from the Preliminary
Results to the countervailable subsidy calculations for Jiangsu Zhongji
Lamination Materials Co., Ltd. (Zhongji). As a result, we have also
revised the rate applicable to companies not selected for individual
review. In addition, we have made certain changes to the selection
methodology of the adverse facts available (AFA) rates used in the
Preliminary Results. For a discussion of these changes, see the Issues
and Decision Memorandum.
[[Page 7438]]
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.
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\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.
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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 14 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 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.
Rate for Non-Responsive Company
As explained in the Preliminary Results, Shanghai Shenyan Packaging
Materials Co., Ltd. (Shenyan) was selected as a mandatory respondent in
this review; however, Shenyan elected not to participate in this review
and did not respond to Commerce's countervailing duty (CVD)
questionnaire. We continue to find that by not responding to Commerce's
request for information, Shenyan withheld requested information and
significantly impeded this proceeding. Thus, in reaching our final
results, pursuant to sections 776(a)(2)(A) and (C) of the Act, we
continue to base the CVD subsidy rates for this non-responsive company
on facts otherwise available.
Further, we continue to determine that an adverse inference is
warranted, pursuant to section 776(b) of the Act. By failing to submit
a response to Commerce's CVD questionnaire, Shenyan failed to cooperate
by not acting to the best of its ability to comply with a request for
information in this review. Accordingly, we continue to find that an
adverse inference is warranted to ensure that the non-responsive
company will not obtain a more favorable result than if it had fully
complied with Commerce's request for information. Commerce did not make
any changes to its determination to rely on facts otherwise available
with adverse inferences from the Preliminary Results for Shenyan.
However, Commerce has made certain revisions to the total AFA rate
applicable to Shenyan since the Preliminary Results. For a discussion
of these changes, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Issues and Decision Memorandum.
Final Results of Review
We determine the following net countervailable subsidy rates exist
for the period January 1, 2023, through December 31, 2023:
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\7\ Zhongji's net countervailable ad valorem subsidy rate
reflects Zhongji's rate after an entered value adjustment (EVA). The
non-selected company rate reflects Zhongji's ad valorem net
countervailable subsidy rate without the EVA.
\8\ As discussed in the Preliminary Results, Commerce finds the
following companies to be to be cross-owned with Zhongji: (1)
Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng), (2)
Shantou Wanshun New Material Group Co., Ltd. (f/k/a Shantou Wanshun
Package Material Stock Co., Ltd.), (3) 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), (4) Sichuan Wanshun Zhongji Aluminium Industry
Co., Ltd., and (5) Anhui Maximum Aluminum Co., Ltd. Furthermore,
Commerce finds that Zhongji wholly owns trading company Jiangsu
Zhongji Lamination Materials Co., (HK) Limited. Zhongji's trading
company and cross-owned affiliates were listed separately in the
Initiation Notice.
\9\ See Appendix II for a list of the non-selected companies
under review.
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Subsidy rate \7\
Company (percent ad valorem)
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Jiangsu Zhongji Lamination Materials Co., Ltd. 22.10
(f/k/a Jiangsu Zhongji Lamination Materials
Stock Co., Ltd.) \8\..........................
Shanghai Shenyan Packaging Materials Co., Ltd.. 120.81
Non-Selected Companies Under Review \9\........ 24.02
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these final 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).
Assessment Requirements
In accordance with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review, for the above-listed companies at the applicable ad
valorem assessment rates. We intend to issue assessment instructions to
CBP no earlier than 35 days after the date of publication of these
final results of 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
In accordance with section 751(a)(2)(C) of the Act, Commerce also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for each of
[[Page 7439]]
the respective companies listed above on shipments of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of this
administrative review. For all non-reviewed firms subject to the Order,
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.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the destruction 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
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: February 12, 2026.
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 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 Include Warehouse Storage
Fees in the Benchmark for the Government Provision of Primary
Aluminum for Less Than Adequate Remuneration (LTAR)
Comment 2: Whether Commerce Should Adjust the Benchmark for the
Government Provision of Aluminum Plate and/or Sheet and Strip for
LTAR
IX. Recommendation
Appendix II
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. 2026-03205 Filed 2-17-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 18, 2026.
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