[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50858-50861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


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

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain aluminum foil

[[Page 50859]]

(aluminum foil) from the People's Republic of China (PRC) is being, or 
is likely to be, sold in the United States at less-than-fair value 
(LTFV). The period of investigation is July 1, 2016, through December 
31, 2016. The estimated weighted-average dumping margins are shown in 
the ``Preliminary Determination'' section of this notice. We invite 
interested parties to comment on this preliminary determination.

DATES: Applicable November 2, 2017.

FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or 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) 482-2057 and (202) 
482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this LTFV 
investigation on March 30, 2017.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum that is dated concurrently with this 
determination and is hereby adopted by this notice.\2\ A list of topics 
included 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 https://access.trade.gov, and to all parties in the Central Records Unit, Room 
B8024 of the main Department of Commerce building. In addition, a 
complete version of the Preliminary Decision Memorandum can be found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and electronic version of Preliminary Decision Memorandum 
are identical in content.
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 82 FR 15691 
(March 30, 2017) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is aluminum foil from the 
PRC. For a complete description of the scope of this investigation, see 
Appendix II.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., ``scope'').\4\ We received 
comments from three interested parties on April 18, 2017,\5\ as well as 
rebuttal scope comments filed by The Aluminum Association Trade 
Enforcement Working Group (the petitioner) on April 28, 2017.\6\ We 
received no other comments on scope since publication of the Initiation 
Notice. The Department has decided preliminarily to not modify the 
scope language as it appeared in the Initiation Notice.\7\
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    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notice, 82 FR at 15692.
    \5\ See Letter from MAHLE Behr Troy Inc., ``Comments on Scope of 
the Investigation: Certain Aluminum Foil from the People's Republic 
of China,'' dated April 18, 2017; see also Letter from Valeo North 
America, Inc., ``Aluminum Foil from the People's Republic of China: 
Request for Confirmation of Scope Exclusion for Automotive Fin 
Stock,'' dated April 18, 2017, and Letter from Jiangsu Zhongji 
Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination 
Materials Co., Ltd., and Jiangsu Zhongji Lamination Materials Stock 
Co., Ltd., ``Certain Aluminum Foil from the People's Republic of 
China: Request that Aluminum Foil of a Thickness Below .0003'' Be 
Excluded from the Scope or Treated as a Separate Class or Kind of 
Merchandise,'' dated April 18, 2017.
    \6\ See Letter from the Petitioner, ``Certain Foil from the 
People's Republic of China Petitioners' Scope Rebuttal Comments,'' 
dated April 28, 2017.
    \7\ See Memorandum to James Maeder, ``Certain Aluminum Foil from 
the People's Republic of China: Scope Comments Decision Memorandum 
for the Preliminary Determinations,'' dated October 26, 2017.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices in accordance with section 772 of the Act. 
Because the PRC is a non-market economy within the meaning of section 
771(18) of the Act, we calculated normal value (NV) in accordance with 
section 773(c) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\8\ Policy Bulletin 05.1 describes 
this practice.\9\
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    \8\ See Initiation Notice, 82 FR at 15695.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The preliminary weighted-average antidumping margins are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-     Cash deposit
                                                                                      average      adjusted for
                   Producer                                 Exporter                  margin      subsidy offset
                                                                                     (percent)       (percent)
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Jiangsu Dingsheng New Materials Joint-Stock     Jiangsu Dingsheng New Materials           162.24          149.64
 Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./  Joint-Stock Co., Ltd./Hangzhou
 Inner Mongolia Liansheng New Energy Material    Teemful Aluminum Co., Ltd./
 Joint-Stock Co., Ltd./Hangzhou Five Star        Inner Mongolia Liansheng New
 Aluminum Co., Ltd./Dingsheng Aluminum           Energy Material Joint-Stock
 Industries (Hong Kong) Trading Co. Ltd./        Co., Ltd./Hangzhou Five Star
 Walson (HK) Trading Co., Limited/Hangzhou       Aluminum Co., Ltd./Dingsheng
 Dingsheng Import & Export Co., Ltd.\10\         Aluminum Industries (Hong Kong)
                                                 Trading Co. Ltd./Walson (HK)
                                                 Trading Co., Limited/Hangzhou
                                                 Dingsheng Import & Export Co.,
                                                 Ltd.
Jiangsu Zhongji Lamination Materials Stock      Jiangsu Zhongji Lamination                 96.81           86.27
 Co., Ltd./Jiangsu Huafeng Aluminium Industry    Materials Co., (HK) Ltd.
 Co., Ltd.\11\
Jiangsu Alcha Aluminum Co., Ltd...............  Alcha International Holdings              138.16          126.59
                                                 Limited.
Baotou Alcha Aluminum Co., Ltd................  Alcha International Holdings              138.16          126.59
                                                 Limited.
Jiangyin Dolphin Pack Ltd. Co.................  Jiangyin Dolphin Pack Ltd. Co...          138.16          126.59
Granges Aluminum (Shanghai) Co., Ltd..........  Granges Aluminum (Shanghai) Co.,          138.16          126.59
                                                 Ltd.

[[Page 50860]]

 
Huafon Nikkei Aluminium Corporation...........  Huafon Nikkei Aluminium                   138.16          126.59
                                                 Corporation.
Suntown Technology Group Limited..............  Hunan Suntown Marketing Limited.          138.16          126.59
Luoyang Longding Aluminium Industries Co., Ltd  Luoyang Longding Aluminium                138.16          126.59
                                                 Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd......  Shandong Yuanrui Metal Material           138.16          126.59
                                                 Co., Ltd.
Suntown Technology Group Limited..............  SNTO International Trade Limited          138.16          126.59
North China Aluminum Co., Ltd., Hunan Suntown   Suzhou Manakin Aluminum                   138.16          126.59
 Marketing Limited, and Guangxi Baise Xinghe     Processing Technology Co., Ltd.
 Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd.........  Xiamen Xiashun Aluminium Foil             138.16          126.59
                                                 Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd.........  Yantai Jintai International               138.16          126.59
                                                 Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................  Yinbang Clad Material Co., Ltd..          138.16          126.59
Zhejiang Zhongjin Aluminum Industry Co., Ltd..  Zhejiang Zhongjin Aluminum                138.16          126.59
                                                 Industry Co., Ltd.
PRC-Wide Entity...............................  ................................          162.24          151.70
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of aluminum foil from the PRC as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. The suspension of liquidation will remain in effect 
until further notice.
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    \10\ The Department preliminarily determines that Jiangsu 
Dingsheng New Materials Joint-Stock Co., Ltd., Hangzhou Teemful 
Aluminium Co., Ltd., Hangzhou Five Star Aluminium Co., Ltd., Inner 
Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd., 
Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd., Walson 
(HK) Trading Co., Limited, and Hangzhou Dingsheng Import & Export 
Co., Ltd. are a single entity (collectively, Dingsheng). See 
Preliminary Decision Memorandum.
    \11\ The Department preliminarily determines that Jiangsu 
Zhongji Lamination Materials Stock Co., Ltd. and Jiangsu Huafeng 
Aluminium Industry Co., Ltd. are a single entity (collectively, 
Zhongji). See Preliminary Decision Memorandum.
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Disclosure and Public Comment

    We will disclose to interested parties the calculations performed 
in this proceeding within five days of the date of announcement of this 
preliminary determination in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments on the preliminary determination 
described above may be submitted to the Assistant Secretary for 
Enforcement and Compliance no later than seven days after the date on 
which the last verification report is issued in this proceeding.\12\ 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\13\
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    \12\ See 19 CFR 351.309 (b)(2)(c)(i).
    \13\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general 
filing requirements).
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    Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\14\ This summary should be limited to five pages total, 
including footnotes.
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    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Interested parties who wish to request a hearing must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.\15\ Requests should contain the 
party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230, at a date, time, and location to be determined. 
Parties will be notified of the date, time, and location of any 
hearing.
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    \15\ See 19 CFR 351.310(c).
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    Parties must file their case and rebuttal briefs, and any requests 
for a hearing, electronically using ACCESS.\16\ Electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due dates established above.\17\
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    \16\ See 19 CFR 351.303(b)(2)(i).
    \17\ See 19 CFR 351.303(b)(1).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of the Department's regulations 
requires that requests by respondents for postponement of a final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    Respondents Dingsheng and Zhongji requested that, in the event of 
an affirmative preliminary determination in this investigation, the 
Department postpone its final determination, i.e., issue its final 
determination no later than 135 days after the publication of the 
preliminary determination in the Federal Register, and that the 
Department extend the application of the provisional measures 
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), 
from a four-month period to a period not to exceed six months.\18\
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    \18\ See Letter from Dingsheng, ``Dingsheng's Request to Extend 
the Final Determination in the Antidumping Duty Investigation of 
Aluminum Foil from the People's Republic of China, A-570-053,'' 
dated September 6, 2017; see also Letter from Zhongji, ``Certain 
Aluminum Foil from the People's Republic of China: Request to 
Postpone Final Determination,'' dated September 6, 2017.
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    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) Our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination 
until no later than February 22, 2018, and are extending the 
provisional measures from a four-month period to a period not greater 
than six months.\19\
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    \19\ See 19 CFR 351.210(b)(2) and (e).
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International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
International

[[Page 50861]]

Trade Commission (ITC) of our preliminary determination of sales at 
LTFV. If our final determination is affirmative, the ITC will determine 
before the later of 120 days after the date of this preliminary 
determination or 45 days after our final determination whether these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry.

Determination of Non-Market Economy Status

    As part of this investigation, the Department initiated an inquiry 
into whether the PRC should continue to be treated as a nonmarket 
economy (NME) country under the antidumping and countervailing duty 
laws. The Department provided an opportunity for the public to comment 
and submit information with respect to the PRC on the six factors 
enumerated by section 771(18)(B) of the Act, which the Department must 
take into account in making a market/nonmarket economy determination. 
The Department has completed its inquiry and concludes that the PRC is 
a NME country because it does not operate sufficiently on market 
principles to permit the use of prices and costs in that country for 
purposes of the Department's antidumping analysis.\20\ Having already 
solicited and considered comments from the public, the Department will 
not revisit its analysis or consider further comments from interested 
parties on its conclusion that the PRC is a NME country in the final 
determination.
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    \20\ See Memorandum to Gary Taverman, ``China's Status as a Non-
Market Economy,'' dated October 26, 2017.
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    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c).

    Dated: October 26, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Postponement of Final Determination and Extension of Provisional 
Measures
VII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Values
    C. Separate Rates
    D. Combination Rates
    E. Collapsing and Affiliation
    F. The PRC-Wide Entity
    G. Application of Facts Available and Adverse Inferences
    H. Date of Sale
    I. Comparisons to Fair Value
    J. Normal Value
    K. Factor Valuation Methodology
    L. Determination of the Comparison Method
VII. Currency Conversion
VIII. Adjustment under Section 777A(F) of the Act
IX. Adjustment for Countervailable Subsidies
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion

Appendix II

Scope of the Investigation

    The merchandise covered by this investigation is aluminum foil 
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, 
regardless of width. Aluminum foil is made from an aluminum alloy 
that contains more than 92 percent aluminum. Aluminum foil may be 
made to ASTM specification ASTM B479, but can also be made to other 
specifications. Regardless of specification, however, all aluminum 
foil meeting the scope description is included in the scope.
    Excluded from the scope of this investigation is aluminum foil 
that is backed with paper, paperboard, plastics, or similar backing 
materials on only one side of the aluminum foil, as well as etched 
capacitor foil and aluminum foil that is cut to shape.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above. The products under investigation are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 
7607.11.9060, 7607.11.9090, and 760.19.6000. Further, merchandise 
that falls within the scope of this proceeding may also be entered 
into the United States under HTSUS subheadings 7606.11.3060, 
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 
7606.92.6080. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this proceeding is dispositive.

[FR Doc. 2017-23866 Filed 11-1-17; 8:45 am]
 BILLING CODE 3510-DS-P