[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17362-17364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08115]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (the ITC), 
Commerce is issuing an antidumping duty (AD) order on certain aluminum 
foil from the People's Republic of China (China). In addition, Commerce 
is amending its final determination of sales at less than fair value 
(LTFV) from China as a result of a ministerial error.

DATES: Applicable April 19, 2018.

FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or Michael J. Heaney, 
AD/CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2057 or (202) 482-4475, 
respectively.

SUPPLEMENTARY INFORMATION: 
    Period of Investigation: The period of investigation (POI) is July 
1, 2016, through December 31, 2016.

Background

    On March 5, 2018, Commerce published in the Federal Register the 
Final Determination that aluminum foil from China is being, or is 
likely to be, sold in the United States at LTFV, as provided in section 
735 of the Tariff Act of 1930, as amended (Act).\1\ On March 12, 2018, 
Hangzhou Dingsheng Import & Export Co. Ltd., Jiangsu Dingsheng New 
Materials Joint-Stock Co., Ltd., Hangzhou Teemful Aluminum Co., Ltd., 
Hangzhou Five Star Aluminum Co., Ltd., Dingsheng Aluminum Industries 
(Hong Kong) Trading Co. Ltd., Inner Mongolia Liansheng New Energy 
Material Joint-Stock Co., Ltd. and Walson (HK) Trading Co., Ltd. 
(collectively, Dingsheng), and Jiangsu Zhongji Lamination Materials 
Co., (HK) Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., 
and Jiangsu Huafeng Aluminium Industry Co., Ltd. (collectively, 
Zhongji) submitted ministerial error allegations concerning the Final 
Determination.\2\ On March 19, 2018, the Aluminum Association Trade 
Enforcement Working Group submitted comments to address these 
allegations.\3\ On April 9, 2018, the ITC notified Commerce of its 
affirmative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of LTFV imports of aluminum foil from China.\4\
---------------------------------------------------------------------------

    \1\ See 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) (Final Determination), and accompanying Issues 
and Decision Memorandum.
    \2\ See Letter, ``Dingsheng Final Determination Ministerial 
Error Comments in the Antidumping Duty Investigation of Aluminum 
Foil from the People's Republic of China,'' dated March 12, 2018; 
see also Letter, ``Certain Aluminum Foil from the People's Republic 
of China: Ministerial Memorandum Comments,'' dated March 12, 2018.
    \3\ See Letter, ``Certain Aluminum Foil from the People's 
Republic of China--Petitioners' Rebuttal of Jiangsu Zhongji's 
Clerical Error Allegation,'' dated March 19, 2018.
    \4\ See Letter from the ITC, dated April 9, 2018; see also 
Aluminum Foil from China (Investigation Nos. 701-TA-570 and 731-TA-
1346 (Final), USITC Publication 4771, April 2018).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by this order is aluminum foil from China. 
For a complete description of the scope of the order, see the Appendix 
to this notice.

Amendment to the Final Determination

    After considering parties' comments and reviewing the record, 
pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f), 
Commerce is amending the Final Determination to reflect the correction 
of a ministerial error it made in calculating the final margin assigned 
to Dingsheng.\5\ In addition, because the rates for the companies 
receiving a separate rate and the rate of the China-wide entity are 
based on the margins for Dingsheng and Zhongji, we are also revising 
these rates.\6\
---------------------------------------------------------------------------

    \5\ For a detailed discussion of the ministerial error 
allegations, see Memorandum, ``Antidumping Duty Investigation of 
Certain Aluminum Foil from People's Republic of China: Ministerial 
Error Memorandum,'' dated concurrently with this notice (Amended 
Final Memorandum).
    \6\ Id.
---------------------------------------------------------------------------

    As a result of this amended final determination, we have revised 
the estimated weighted average dumping margins as follows:

[[Page 17363]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash deposit
                                                                                     Weighted-     adjusted for
                   Producer                                 Exporter              average margin  subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Hangzhou Dingsheng Import & Export Co. Ltd./    Hangzhou Dingsheng Import &               105.80           94.44
 Jiangsu Dingsheng New Materials Joint-Stock     Export Co. Ltd./Jiangsu
 Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./  Dingsheng New Materials Joint-
 Hangzhou Five Star Aluminum Co., Ltd./          Stock Co., Ltd./Hangzhou
 Dingsheng Aluminum Industries (Hong Kong)       Teemful Aluminum Co., Ltd./
 Trading Co. Ltd./Walson (HK) Trading Co.,       Hangzhou Five Star Aluminum
 Ltd./Inner Mongolia Liansheng New Energy        Co., Ltd./Dingsheng Aluminum
 Material Joint-Stock Co., Ltd.                  Industries (Hong Kong) Trading
                                                 Co. Ltd./Walson (HK) Trading
                                                 Co., Ltd./Inner Mongolia
                                                 Liansheng New Energy Material
                                                 Joint-Stock Co., Ltd.
Jiangsu Zhongji Lamination Materials Stock      Jiangsu Zhongji Lamination                 48.64           37.99
 Co., Ltd/Jiangsu Zhongji Lamination Materials   Materials Co., (HK) Ltd.
 Co., Ltd./Jiangsu Huafeng Aluminium Industry
 Co., Ltd.
Jiangsu Alcha Aluminum Co., Ltd...............  Alcha International Holdings               84.76           73.66
                                                 Limited.
Baotou Alcha Aluminum Co., Ltd................  Alcha International Holdings               84.76           73.66
                                                 Limited.
Jiangyin Dolphin Pack Ltd. Co.................  Jiangyin Dolphin Pack Ltd. Co...           84.76           73.66
Granges Aluminum (Shanghai) Co., Ltd..........  Granges Aluminum (Shanghai) Co.,           84.76           73.66
                                                 Ltd.
Huafon Nikkei Aluminium Corporation...........  Huafon Nikkei Aluminium                    84.76           73.66
                                                 Corporation.
Suntown Technology Group Limited..............  Hunan Suntown Marketing Limited.           84.76           73.66
Luoyang Longding Aluminium Industries Co., Ltd  Luoyang Longding Aluminium                 84.76           73.66
                                                 Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd......  Shandong Yuanrui Metal Material            84.76           73.66
                                                 Co., Ltd.
Suntown Technology Group Limited..............  SNTO International Trade Limited           84.76           73.66
North China Aluminum Co., Ltd., Hunan Suntown   Suzhou Manakin Aluminum                    84.76           73.66
 Marketing Limited, and Guangxi Baise Xinghe     Processing Technology Co., Ltd.
 Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd.........  Xiamen Xiashun Aluminium Foil              84.76           73.66
                                                 Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd.........  Yantai Jintai International                84.76           73.66
                                                 Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................  Yinbang Clad Material Co., Ltd..           84.76           73.66
Zhejiang Zhongjin Aluminum Industry Co., Ltd..  Zhejiang Zhongjin Aluminum                 84.76           73.66
                                                 Industry Co., Ltd.
---------------------------------------------------------------------------------
                                CHINA-WIDE ENTITY                                         105.80           95.15
----------------------------------------------------------------------------------------------------------------

Antidumping Duty Order

    In accordance with section 735(d) of the Act, the ITC has notified 
Commerce of its final determination in this investigation, in which it 
found that an industry in the United States is materially injured 
within the meaning of section 735(b)(1)(A)(i) of the Act. Therefore, in 
accordance with section 735(c)(2) of the Act, we are publishing this AD 
order.
    Because the ITC determined that imports of aluminum foil from China 
are materially injuring a U.S. industry, unliquidated entries of such 
merchandise from China entered or withdrawn from warehouse for 
consumption, are subject to the assessment of antidumping duties. In 
accordance with section 736(a)(1) of the Act, Commerce will direct 
United States Customs and Border Protection (CBP) to assess, upon 
further instruction by Commerce, antidumping duties equal to the amount 
by which the normal value of the merchandise exceeds the export price 
(or constructed export price) of the merchandise, for all relevant 
entries of aluminum foil from China. Antidumping duties will be 
assessed on unliquidated entries of aluminum foil from China entered, 
or withdrawn from warehouse, for consumption on or after November 2, 
2017, the date of publication of the Preliminary Determination.\7\
---------------------------------------------------------------------------

    \7\ 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, 82 FR 50858 (November 2, 2017) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of aluminum foil from China. These instructions suspending liquidation 
will remain in effect until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value (NV) exceeds U.S. price as follows: (1) 
The cash deposit rate for the exporter/producer combination listed in 
the table above will be the rate identified for that combination in the 
table; (2) for all combinations of Chinese exporters/producers of 
subject merchandise that have not received their own separate rate 
above, the cash deposit rate will be the cash deposit rate established 
for the China-wide entity; and (3) for all non-Chinese exporters of the 
subject merchandise which have not received their own separate rate 
above, the cash deposit rate will be the cash deposit rate applicable 
to the Chinese exporter/producer combination that supplied that non-
Chinese exporter.
    We normally adjust AD cash deposit rates by the amount of export 
subsidies, where appropriate. In the companion countervailing duty 
(CVD) investigation, we have found that both Dingsheng and Zhongji 
received export subsidies.\8\ With respect to Dingsheng and Zhongji, 
because their CVD rates in the companion investigation included an 
amount for export subsidies, an offset of 11.36 percent and 10.65 
percent, respectively, will be made to their cash deposit rates. With 
respect to the separate-rate companies, we find that an export subsidy 
adjustment of 11.10 percent to the cash deposit rate is warranted 
because this amount represents a weighted-average of the subsidy 
offsets received by Dingsheng and Zhongji. For the China-wide entity, 
which continues to receive a rate based on adverse facts available 
(AFA) in this amended final determination, as an extension of the 
adverse inference found necessary pursuant to section 776(b) of the 
Act, Commerce has adjusted the China-wide entity's AD cash deposit

[[Page 17364]]

rate by the lowest export subsidy rate determined for any party in the 
companion CVD proceeding, which was 10.65 percent.
---------------------------------------------------------------------------

    \8\ See Countervailing Duty Investigation of Certain Aluminum 
Foil from the People's Republic of China: Final Affirmative 
Determination, 83 FR 9274 (March 5, 2018).
---------------------------------------------------------------------------

    Pursuant to section 777A(f) of the Act, we normally adjust AD cash 
deposit rates for estimated domestic subsidy pass-through, where 
appropriate. However, in this case there is no basis to grant a 
domestic subsidy pass-through adjustment.\9\
---------------------------------------------------------------------------

    \9\ See Final Determination and accompanying Issues and Decision 
Memorandum.
---------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
Commerce to extend that four-month period to no more than six months.
    At the request of exporters that account for a significant 
proportion of aluminum foil from China, we extended the four-month 
period to no more than six months in this case.\10\ In the underlying 
investigation, Commerce published the Preliminary Determination on 
November 2, 2017. Therefore, the extended period beginning on the date 
of publication of the Preliminary Determination ends May 2, 2018. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
---------------------------------------------------------------------------

    \10\ See Preliminary Determination and accompanying Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    Therefore, because the publication of the ITC's final injury 
determination occurred before the expiration of the extended 
provisional measures, suspension of liquidation continues through the 
issuance of the AD order.

Notification to Interested Parties

    This notice constitutes the AD order with respect to aluminum foil 
from China pursuant to section 736(a) of the Act. Interested parties 
can find a list of AD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order and amended final determination are published in 
accordance with sections 736(a) and 735(e) of the Act and 19 CFR 
351.211 and 351.224(e).

    Dated: April 12, 2018.
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--Scope of the Order

    The merchandise covered by this order 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, 
including aluminum foil to which lubricant has been applied to one 
or both sides of the foil.
    Excluded from the scope of this order is aluminum foil that is 
backed with paper, paperboard, plastics, or similar backing 
materials on one side or both sides 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 the order 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 7607.19.6000. 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 order 
is dispositive.

[FR Doc. 2018-08115 Filed 4-18-18; 8:45 am]
 BILLING CODE 3510-DS-P