[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08116]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Amended Final Affirmative Countervailing Duty Determination and 
Countervailing 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 a countervailing duty (CVD) order on certain 
aluminum foil (aluminum foil) from the People's Republic of China 
(China). In addition, Commerce is amending its final CVD determination 
with respect to aluminum foil from China, to correct ministerial 
errors.

DATES: Applicable April 19, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3813.

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

Background

    In accordance with sections 705(a), 705(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on 
March 5, 2018, Commerce published in the Federal Register an 
affirmative final determination in the CVD investigation of aluminum 
foil from China.\1\ Interested parties submitted timely filed 
allegations that Commerce made certain ministerial errors in the final 
CVD determination of aluminum foil from China. Section 705(e) of the 
Act and 19 CFR 351.224(f) define ministerial errors as errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the administering authority 
considers ministerial. We reviewed the allegations and determined that 
we made certain

[[Page 17361]]

ministerial errors. See ``Amendment to the Final Determination'' 
section below for further discussion.
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    \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 (Final Decision Memorandum).
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    On April 9, 2018, the ITC notified Commerce of its affirmative 
determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of 
the Act, that an industry in the United States is materially injured by 
reason of subsidized imports of aluminum foil from China.\2\
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    \2\ See Letter from the ITC to Commerce, 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).
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Scope of the Order

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

Amendment to the Final Determination

    On March 5, 2018, the petitioners \3\ and Dingsheng Aluminum 
Industries (Hong Kong) Trading Co., Ltd. (Dingsheng HK) timely alleged 
that the Final Determination contained certain ministerial errors, and 
requested that Commerce correct such errors. No rebuttal comments were 
submitted.
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    \3\ The petitioners to this investigation are the Aluminum 
Association Trade Enforcement Working Group (the petitioners).
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    Commerce reviewed the record and, on April 3, 2018, agreed that the 
errors referenced in the petitioners' and Dingsheng HK's allegations 
constitute ministerial errors within the meaning of 705(e) of the Act 
and 19 CFR 351.224(f).\4\ Commerce found that it made errors in 
calculating Dingsheng HK's benefit under the Policy Lending for 
Aluminum Foil and Government Provision of Primary Aluminum for Less 
Than Adequate Remuneration programs, and these errors were contrary to 
our methodological intention.\5\ Pursuant to 19 CFR 351.224(e), 
Commerce is amending the Final Determination to reflect the correction 
of the ministerial errors described above. Based on our correction of 
the ministerial errors in Dingsheng HK's calculation, the subsidy rate 
for Dingsheng HK increased from 19.98 percent ad valorem to 20.10 
percent ad valorem.\6\ Because the ``all-others'' rate is based, in 
part, on Dingsheng HK's ad valorem subsidy rate, the correction noted 
above also increases the ``all-others'' rate determined in the Final 
Determination from 18.56 percent ad valorem to 18.62 percent ad 
valorem.\7\ Because the rates for Loften Aluminum (Hong Kong) Limited 
and Manakin Industries, LLC, were derived in part from the rates from 
Dingsheng HK, the correction also changes the rate for these companies 
from 80.97 percent ad valorem to 80.52 percent ad valorem.
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    \4\ See Memorandum ``Ministerial Error Allegations Concerning 
Final Affirmative Countervailing Duty Determination,'' dated April 
3, 2018.
    \5\ Id.
    \6\ Id.
    \7\ Id.
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Countervailing Duty Orders

    In accordance with section 705(b)(1)(A)(i) and 705(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 by reason of subsidized imports of aluminum foil 
from China. Therefore, in accordance with section 705(c)(2) of the Act, 
we are issuing this CVD 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 countervailing duties.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, Commerce will direct United States Customs 
and Border Protection (CBP) to assess, upon further instruction by 
Commerce, countervailing duties equal to the net countervailable 
subsidy rates, for all relevant entries of aluminum foil from China. 
Upon further instruction by Commerce, countervailing duties will be 
assessed on unliquidated entries of aluminum foil from China entered, 
or withdrawn from warehouse, for consumption on or after August 14, 
2017, the date of publication of the Preliminary Determination.\8\
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    \8\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 82 
FR 37844 (August 14, 2017) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum (Preliminary Decision 
Memorandum). However, as described further below, entries that 
occurred after the expiration of the provisional measures period, 
and prior to publication of the ITC's final injury determination, 
are not subject to countervailing duties.
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Amended Cash Deposits and Suspension of Liquidation

    In accordance with section 706 of the Act, we will instruct CBP to 
suspend liquidation on all relevant entries of aluminum foil from 
China, as further described below. These instructions suspending 
liquidation will remain in effect until further notice. Commerce will 
also instruct CBP to require cash deposits equal to the amounts as 
indicated below. Accordingly, effective on the date of publication of 
the ITC's final affirmative injury determination, CBP will require, at 
the same time as importers would normally deposit estimated duties on 
this subject merchandise, a cash deposit equal to the subsidy rates 
listed below.\9\ The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
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    \9\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
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Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd         20.10
 \10\.......................................................
Jiangsu Zhongji Lamination Materials Co., Ltd \11\..........       17.14
Loften Aluminum (Hong Kong) Limited.........................       80.52
Manakin Industries, LLC \12\................................       80.52
All-Others..................................................       18.62
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Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary CVD determination may not remain 
in effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on August 14, 2017. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on December 12, 
2017. Furthermore, section 707(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination. Therefore, in accordance with section 703(d) of 
the Act and our practice, we instructed CBP to terminate the suspension 
of liquidation and to liquidate, without regard to duties,

[[Page 17362]]

unliquidated entries of aluminum foil from China made on or after 
December 12, 2017. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.
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    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Dingsheng HK: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; 
Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star Aluminum 
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang Longding 
Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co., Ltd.; 
Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK) 
Trading Co., Limited.
    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with 
Zhongji: Shantou Wanshun Package Material Stock Co., Ltd.; Jiangsu 
Huafeng Aluminum Industry Co., Ltd.; and Jiangsu Zhongji Lamination 
Materials Co., (HK) Ltd.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce finds that Manakin Industries and Suzhou Manakin Aluminum 
Processing Technology Co., Ltd., effectively function by joint 
operation as a trading company. Therefore, the rate for Manakin 
Industries also applies to Suzhou Manakin Aluminum Processing 
Technology Co., Ltd. For additional information, see Preliminary 
Decision Memorandum and Final Decision Memorandum.
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Notification to Interested Parties

    This notice constitutes the CVD order with respect to aluminum foil 
from China pursuant to section 706(a) of the Act. Interested parties 
can find a list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order and amended final determination are published in 
accordance with section 706(a) and 19 CFR 351.211(b).

    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. 2018-08116 Filed 4-18-18; 8:45 am]
 BILLING CODE 3510-DS-P