[Federal Register Volume 85, Number 100 (Friday, May 22, 2020)]
[Notices]
[Pages 31144-31145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11113]


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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: Final Results of Antidumping Duty Changed 
Circumstances Reviews and Rescission of Countervailing Duty Changed 
Circumstances Reviews

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Shanghai Huafon Aluminium Corporation (Shanghai Huafon) is the 
successor-in-interest to Huafon Nikkei Aluminium Corporation (Huafon 
Nikkei) for purposes of determining antidumping duty cash deposits and 
liabilities on certain aluminum foil (aluminum foil) and common alloy 
aluminum sheet (aluminum sheet) from the People's Republic of China 
(China). Additionally, Commerce is rescinding the countervailing duty 
changed circumstance reviews (CCRs) of aluminum foil and aluminum sheet 
from China based on the lack of necessary information on the record.

DATES: Applicable May 22, 2020.

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 September 17, 2019, Commerce published the Initiation and 
Preliminary Results, finding Shanghai Huafon to be the successor-in-
interest to Huafon Nikkei for purposes of the antidumping duty and 
countervailing duty orders.\1\ In the Initiation and Preliminary 
Results, interested parties were provided an opportunity to comment and 
request a public hearing regarding our preliminary results. We received 
no comments from interested parties nor was a public hearing requested.
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    \1\ See 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, 84 FR 48909 (September 17, 2019) 
(Initiation and Preliminary Results).
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    On October 7, 2019, Commerce determined it lacked certain 
information with respect to the final determination in the 
countervailing duty CCRs and requested additional information from 
Shanghai Huafon.\2\ Shanghai Huafon did not respond to Commerce's 
request for additional information. Rather, it withdrew its request for 
the countervailing duty CCRs.\3\
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    \2\ See Commerce's Letter, ``Antidumping/Countervailing Duty 
Changed Circumstances Reviews of Aluminum Foil and Sheet from 
China,'' dated October 7, 2019.
    \3\ See Shanghai Huafon's Letter, ``Aluminum Foil from the 
People's Republic of China: Withdraw Request for Changed 
Circumstances Review,'' dated October 11, 2019.
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Scope of the Orders

Certain Aluminum Foil

    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. 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.

Common Alloy Aluminum Sheet

    The merchandise covered by this order 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. Common alloy sheet within the 
scope of this order includes both not clad aluminum sheet, as well as 
multi-alloy, clad aluminum sheet. With respect to not clad aluminum 
sheet, common alloy sheet is manufactured from a 1XXX-, 3XXX-, or 5XXX-
series alloy as designated by the Aluminum Association. With respect to 
multi-alloy, clad aluminum sheet, common alloy sheet is produced from a 
3XXX-series core, to which cladding layers are applied to either one or 
both sides of the core.
    Common alloy sheet may be made to ASTM specification B209-14, but 
can also be made to other specifications. Regardless of specification, 
however, all common alloy sheet meeting the scope

[[Page 31145]]

description is included in the scope. Subject merchandise includes 
common alloy sheet that has been further processed in a third country, 
including but not limited to annealing, tempering, painting, 
varnishing, trimming, cutting, punching, and/or slitting, or any other 
processing that would not otherwise remove the merchandise from the 
scope of the order if performed in the country of manufacture of the 
common alloy sheet.
    Excluded from the scope of this order is aluminum can stock, which 
is suitable for use in the manufacture of aluminum beverage cans, lids 
of such cans, or tabs used to open such cans. Aluminum can stock is 
produced to gauges that range from 0.200 mm to 0.292 mm, and has an H-
19, H-41, H-48, or H-391 temper. In addition, aluminum can stock has a 
lubricant applied to the flat surfaces of the can stock to facilitate 
its movement through machines used in the manufacture of beverage cans. 
Aluminum can stock is properly classified under Harmonized Tariff 
Schedule of the United States (HTSUS) subheadings 7606.12.3045 and 
7606.12.3055.
    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 for the 
above.
    Common alloy sheet is currently classifiable under HTSUS 
subheadings 7606.11.3060, 7606.11.6000, 7606.12.3090, 7606.12.6000, 
7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Further, 
merchandise that falls within the scope of this order may also be 
entered into the United States under HTSUS subheadings 7606.11.3030, 
7606.12.3030, 7606.91.3060, 7606.91.6040, 7606.92.3060, 7606.92.6040, 
7607.11.9090. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.
    The description of carbon-quality is intended to identify carbon-
quality products within the scope. The welded carbon-quality 
rectangular pipe and tube subject to this order is currently classified 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7306.61.50.00 and 7306.61.70.60. While HTSUS subheadings 
are provided for convenience and customs purposes, our written 
description of the scope of this order is dispositive.

Rescission of Countervailing Duty Changed Circumstances Reviews

    As noted above, Commerce does not have all necessary information on 
the record to make a final determination in the countervailing duty 
CCRs of aluminum foil and aluminum sheet. For the countervailing duty 
CCRs, Commerce requires, among other things, a longer and well-defined 
time span for the ``look-back'' period and additional documents, such 
as financial statements, pursuant to Turkey Pasta CCR 2009.\4\ Commerce 
requires this information to make a successor-in-interest finding for 
countervailing duty orders because we need to review the operations, 
ownership, corporate or legal structure during the relevant period that 
could have affected the nature and extent of the respondent's subsidy 
levels. As Turkey Pasta CCR 2009 states, in a countervailing duty CCR, 
our focus is government subsidization and whether any changes in the 
company might affect the nature and extent of that subsidization, while 
in an antidumping CCR we are concerned, instead, with price 
discrimination, i.e., the pricing behavior of the company.\5\ Thus, 
some of the information we request and need for purposes of our 
analysis are distinct. In this case, because the respondent did not 
reply to our request for information in the countervailing duty CCRs, 
we do not have all the necessary information we need to make a 
determination with respect to the countervailing duty CCRs. 
Accordingly, we are rescinding the countervailing duty CCRs of aluminum 
foil and aluminum sheet from China in their entirety.
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    \4\ See Certain Pasta from Turkey: Preliminary Results of 
Countervailing Duty Changed Circumstances Review, 74 FR 47225, 47227 
(September 15, 2009) (Turkey Pasta CCR 2009), unchanged in Certain 
Pasta From Turkey: Final Results of Countervailing Duty Changed 
Circumstances Review, 74 FR 54022 (October 21, 2009).
    \5\ See Turkey Pasta CCR 2009, 74 FR at 47227.
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Final Results of the Antidumping Duty Changed Circumstances Reviews

    For the reasons stated in the Initiation and Preliminary Results, 
and because we received no comments from interested parties, Commerce 
continues to find that Shanghai Huafon is the successor-in-interest to 
Huafon Nikkei for antidumping duty purposes. As a result of this 
determination, we determine that Shanghai Huafon should receive the 
antidumping cash deposit rates applicable to Huafon Nikkei. 
Consequently, Commerce will instruct U.S. Customs and Border Protection 
to suspend liquidation of all shipments of subject merchandise produced 
or exported by Shanghai Huafon and entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
notice in the Federal Register at 73.66 percent for aluminum foil, 
which is the current antidumping duty cash-deposit rate of aluminum 
foil for Huafon Nikkei,\6\ and at 49.85 percent for aluminum sheet, 
which is the current antidumping cash deposit rate of aluminum sheet 
for Huafon Nikkei.\7\ This cash deposit requirement shall remain in 
effect until further notice.
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    \6\ 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); 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) 
(collectively, Aluminum Foil Orders).
    \7\ See Common Alloy Aluminum Sheet From the People's Republic 
of China: Antidumping Duty Order, 84 FR 2813 (February 8, 2019); see 
also Common Alloy Aluminum Sheet From the People's Republic of 
China: Countervailing Duty Order, 84 FR 2157 (February 6, 2019) 
(collectively, Aluminum Sheet Orders).
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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: May 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-11113 Filed 5-21-20; 8:45 am]
 BILLING CODE 3510-DS-P