[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48909-48911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20082]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053, A-570-073, C-570-054, C-570-074]
Certain Aluminum Foil and Common Alloy Aluminum Sheet From the
People's Republic of China: Notice of Initiation and Preliminary
Determination of Antidumping Duty and Countervailing Duty Changed
Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating changed
circumstances reviews (CCRs) and preliminarily determines that Shanghai
Huafon Aluminium Corporation (Shanghai Huafon) is the successor-in-
interest to Huafon Nikkei Aluminium Corporation (Huafon Nikkei) and,
accordingly, that Shanghai Huafon should be assigned the cash deposit
rates established for Huafon Nikkei for purposes of the antidumping
duty (AD) and countervailing duty (CVD) orders on certain aluminum foil
(aluminum foil) and common alloy aluminum sheet
[[Page 48910]]
(aluminum sheet) from the People's Republic of China (China).
DATES: Applicable September 17, 2019.
FOR FURTHER INFORMATION CONTACT: Joshua A. DeMoss, 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) 482-3362.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2018, Commerce published in the Federal Register the
AD and CVD orders on aluminum foil from China, which included Huafon
Nikkei.\1\ Pursuant to the Aluminum Foil Orders, Commerce assigned
Huafon Nikkei an AD cash deposit rate, adjusted for subsidy offset, of
73.66 percent, based on the non-selected respondent rate,\2\ and the
all-others subsidy rate of 18.62 percent.\3\
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Aluminum
Foil AD Order); 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) (Aluminum Foil CVD Order) (collectively, Aluminum Foil
Orders).
\2\ See Aluminum Foil AD Order, 83 FR at 17363.
\3\ See Aluminum Foil CVD Order, 83 FR at 17361.
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Commerce published in the Federal Register the AD and CVD orders on
aluminum sheet from China on February 8, 2019 and February 6, 2019,
respectively.\4\ Pursuant to the Aluminum Sheet Orders, Commerce
assigned Huafon Nikkei an AD cash deposit rate, adjusted for a subsidy
offset, of 49.85 percent, based on the non-selected respondent rate,\5\
and the all-others subsidy rate of 50.75 percent.\6\
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\4\ See Common Alloy Aluminum Sheet from the People's Republic
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019)
(Aluminum Sheet AD Order); see also Common Alloy Aluminum Sheet from
the People's Republic of China: Countervailing Duty Order, 84 FR
2157 (February 6, 2019) (Aluminum Sheet CVD Order) (collectively,
Aluminum Sheet Orders).
\5\ See Aluminum Sheet AD Order, 84 FR at 2814.
\6\ See Aluminum Sheet CVD Order, 84 FR at 2158.
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On June 12, 2019, Shanghai Huafon informed Commerce that, as of
September 25, 2018, Huafon Nikkei changed its name to ``Shanghai Huafon
Aluminium Corporation.'' \7\ Shanghai Huafon stated the change was in
name only; all other former business operations remain unchanged.\8\
Shanghai Huafon requested that Commerce conduct CCRs and find that
Shanghai Huafon is the successor-in-interest to Huafon Nikkei, and that
it be subject to Huafon Nikkei's AD margins and CVD subsidy rates for
aluminum foil and aluminum sheet, pursuant to section 751(b) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\9\
After finding Shanghai Huafon did not address the good cause
requirement in its initial request pursuant to 19 CFR 351.216(c),
Commerce issued a letter to Shanghai Huafon requesting it demonstrate
good cause.\10\ On July 8, 2019, Shanghai Huafon filed its response
demonstrating good cause.\11\ On July 17, 2019, Commerce extended the
time period for determining whether to initiate and/or issue
simultaneous preliminary determinations by 45 days, until September 10,
2019.\12\ We did not receive comments from other interested parties
concerning these requests.
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\7\ See Shanghai Huafon's Letter, ``Aluminum Foil from the
People's Republic of China: Request for Changed Circumstances
Review,'' dated June 12, 2019; see also Shanghai Huafon's Letter,
``Common Alloy Aluminum Sheet from the People's Republic of China:
Request for Changed Circumstances Review,'' dated June 12, 2019.
\8\ See CCRs Requests at 2-3.
\9\ Id.
\10\ See Commerce's Letter, ``Antidumping/Countervailing Duty
Investigations of Aluminum Foil and Sheet from China: Request for
Changed Circumstances Review,'' dated July 1, 2019.
\11\ See Shanghai Huafon's Letter, ``Aluminum Foil from the
People's Republic of China and Common Alloy Aluminum Sheet from the
People's Republic of China: Response to Request for Additional
Information--Good Cause,'' dated July 8, 2019.
\12\ See Commerce's Letter, ``Changed Circumstances Reviews:
Extension of Initiation Deadline,'' dated July 17, 2019.
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Scope of the Orders
Aluminum Foil Orders
The merchandise covered by these orders is aluminum foil having a
thickness of 0.2 mm or less, in reels exceeding 25 pounds, regardless
of width. For a complete description of the scope, see the Preliminary
Decision Memorandum.\13\
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\13\ See Memorandum, ``Initiation and Preliminary Determination
of the Changed Circumstances Reviews Regarding Successor-In-Interest
Analysis: Aluminum Foil/Common Alloy Aluminum Sheet from the
People's Republic of China'' dated concurrently with this notice
(Preliminary Decision Memorandum).
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Aluminum Sheet Orders
The merchandise covered by these orders is aluminum common alloy
sheet (common alloy sheet), which is a flat-rolled aluminum product
having a thickness of 6.3 mm or less, but greater than 0.2 mm, in coils
or cut-to-length, regardless of width. or a complete description of the
scope, see the Preliminary Decision Memorandum.
Initiation and Preliminary Determination of Changed Circumstances
Reviews
Pursuant to section 751(b)(1)(A) of the Act and 19 CFR 351.216(d),
Commerce will conduct a CCR upon receipt of a request from an
interested party for a review of an AD or CVD order which shows changed
circumstances sufficient to warrant a review of the order. In the past,
Commerce has used CCRs to address the applicability of cash deposit
rates after there have been changes in the name or structure of a
respondent, such as a merger or spinoff (successor-in-interest or
successorship determinations).\14\ The information submitted by
Shanghai Huafon supporting its claim that it is the successor-in-
interest to Huafon Nikkei demonstrates changed circumstances sufficient
to warrant such a review.\15\ Therefore, in accordance with
751(b)(1)(A) of the Act and 19 CFR 351.216(d) and (e), we are
initiating CCRs based on the information contained in Shanghai Huafon's
submission.
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\14\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Initiation and Preliminary Results of
Antidumping Duty Changed Circumstances Review, 82 FR 51605, 51606
(November 7, 2017), unchanged in Diamond Sawblades and Parts Thereof
from the People's Republic of China: Final Results of Antidumping
Duty Changed Circumstances Review, 82 FR 60177 (December 19, 2017).
\15\ See 19 CFR 351.216(d).
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Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary determination if Commerce concludes that expedited action
is warranted.\16\ In the instant case, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and notice of preliminary determination. For a full
description of the methodology underlying our analysis, see the
Preliminary Decision Memorandum.
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\16\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480-41 (June 12, 2015),
unchanged in Certain Pasta from Italy: Final Results of Changed
Circumstances Review, 80 FR 48807 (August 14, 2015).
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In accordance with 19 CFR 351.216, we preliminarily determine that
Shanghai Huafon is the successor-in-interest to Huafon Nikkei. Record
evidence, as submitted by Shanghai Huafon, indicates that, based on the
totality of the circumstances under Commerce's successor-in-interest
criteria, Shanghai Huafon's management
[[Page 48911]]
and business relations are virtually identical to those of Huafon
Nikkei before the name change with respect to the merchandise under
review. Moreover, we preliminarily find that Shanghai Huafon's
production facilities, supplier relationships, and customer base, with
regard to the merchandise under review, are substantially the same as
Huafon Nikkei before the name change. For the complete successor-in-
interest analysis, see the Preliminary Decision Memorandum.
Therefore, based on record evidence, we preliminarily determine
that Shanghai Huafon is the successor-in-interest to Huafon Nikkei and
the AD margins and CVD subsidy rates assigned to Huafon Nikkei should
be the rates for Shanghai Huafon as a result of our successor-in-
interest finding.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice in the Federal
Register. In accordance with 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs not later than 30 days after the date of
publication of this notice. Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later than five days after the case
briefs, in accordance with 19 CFR 351.309(d). Parties who submit case
or rebuttal briefs 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. All comments are to be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties. ACCESS is available to registered users at
http://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day on which it is
due.\17\
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\17\ See 19 CFR 351.303(b).
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Consistent with 19 CFR 351.216(e), we intend to issue the final
determination of this changed circumstances review no later than 270
days after the date on which this review was initiated, or within 45
days if all parties agree to our preliminary finding.
Notification to Interested Parties
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216(b), 351.221(b) and
351.221(c)(3).
Dated: September 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Good Cause
V. Successor-In-Interest Determination
VI. Recommendation
[FR Doc. 2019-20082 Filed 9-16-19; 8:45 am]
BILLING CODE 3510-DS-P