[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47730-47731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17167]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil from the People's Republic of China: Notice 
of Court Decision Not in Harmony With the Amended Final Determination 
in the Countervailing Duty Investigation, and Notice of Amended Final 
Determination and Amended Countervailing Duty Order

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

SUMMARY: On March 24, 2020, the United States Court of International 
Trade (CIT) issued its final judgment in Jiangsu Zhongji Lamination 
Materials Co., Ltd. v. United States, Court No. 18-00089, sustaining 
the Department of Commerce (Commerce)'s remand redetermination 
concerning the final determination in the countervailing duty (CVD) 
investigation of certain aluminum foil (aluminum foil) from the 
People's Republic of China (China), covering the period of 
investigation (POI) January 1, 2016 through December 31, 2016. Commerce 
is notifying the public that the CIT's final judgment is not in harmony 
with the Amended Final Determination and Order of the investigation and 
that Commerce is amending the Amended Final Determination and Order 
with respect to the CVD cash deposit rate assigned to Jiangsu Zhongji 
Lamination Materials Co., Ltd., Shantou Wanshun Package Material Stock 
Co., Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd., and Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd. (collectively, Zhongji) and 
all other companies.

DATES: Applicable April 3, 2020.

FOR FURTHER INFORMATION CONTACT: John McGowan, 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) 482-3019.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2018, Commerce published the Final Determination, 
finding, inter alia, that Zhongji used the Export Buyer's Credit 
Program and failed to meet the criteria for an entered value 
adjustment.\1\ Commerce published an Amended Final Determination and 
Order resulting from the investigation on April 19, 2018.\2\ Zhongji 
challenged the Amended Final Determination and Order before the CIT. On 
September 18, 2019, the CIT remanded Commerce's determination for 
further analysis, instructing the parties to contemplate a solution to 
the impasse and to confer for the Export Buyer's Credit Program, and 
instructing Commerce to identify the information that Commerce 
uncovered at verification that caused Commerce to find unsupported 
Zhongji's request for an entered value adjustment (EVA).\3\ Commerce 
issued a redetermination on remand, under protest, explaining 
Commerce's position that Commerce cannot accurately verify use of the 
Export Buyer's Credit Program without the cooperation of the Government 
of China, but nevertheless finding that Zhongji did not use the Export 
Buyer's Credit Program, in light of the CIT's remands on the issue.\4\ 
Additionally, in its redetermination, Commerce addressed how 
information discovered at verification supported its finding that 
Zhongji's request for an EVA is unsupported, however, because Zhongji 
was not provided notice that Commerce intended to reconsider its EVA 
methodology for the Final Determination, Commerce determined it 
appropriate to grant Zhongji's EVA request. On March 24, 2020, the 
Court sustained the Remand Results.\5\
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    \1\ See Countervailing Duty Investigation of Certain Aluminum 
Foil from the People's Republic of China: Final Affirmative 
Determination, 83 FR 9274 (March 5, 2018) (Final Determination), and 
accompanying Issues and Decision Memorandum.
    \2\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Amended 
Final Determination and Order).
    \3\ See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, Slip Op. 19-122 (CIT September 18, 
2019).
    \4\ See Final Results of Redetermination Pursuant to Court 
Order, Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, dated January 27, 2020 (Remand Results).
    \5\ See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, Slip Op. 20-39 (CIT March 24, 2020).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's March 24, 2020, judgment in this case constitutes a final 
decision of the court that is not in harmony with Commerce's Amended 
Final Determination and Order. This notice is published in fulfillment 
of the publication requirements of Timken.
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    \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination and Order

    Because there is now a final court decision, Commerce is amending 
its Amended Final Determination and Order. Commerce finds that the 
revised countervailable subsidy rate for Zhongji is 6.46 percent. We 
have also re-calculated the all-others rate to 13.28 percent.

[[Page 47731]]

Cash Deposit Requirements

    Because Zhongji and all other companies do not have superseding 
cash deposit rates, i.e., there have been no final results published in 
subsequent administrative reviews for Zhongji and all other companies, 
Commerce will issue revised cash deposit instructions to Customs and 
Border Protection.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: July 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17167 Filed 8-5-20; 8:45 am]
BILLING CODE 3510-DS-P