[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11499-11501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03838]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; Final Determination
of No Shipments; 2017-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has analyzed the case
and rebuttal briefs submitted by interested parties and finds that
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) November
2, 2017, through March 31, 2019.
DATES: Applicable February 25, 2021.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or Michael J.
Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: at (202) 482-
1979 or (202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review of the antidumping duty order on June 24, 2020.\1\ The
administrative review covers two mandatory respondents: (1) Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji Lamination
Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination Materials Co.,
Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd. (collectively,
Zhongji),\2\ and (2) Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun).
The administrative review also covers ten other companies that were not
selected for individual examination.
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Preliminary Determination of No Shipments, and Partial
Rescission; 2017-2019, 85 FR 37829 (June 24, 2020) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ In the less-than-fair-value (LTFV) investigation, we
collapsed Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.;
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; Jiangsu
Zhongji Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum
Industry Co., Ltd. as a single entity. 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), and accompanying Preliminary Decision Memorandum
at 16-18, unchanged in 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). We find that record evidence in
this administrative review supports continuing to treat these
companies as a single entity.
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On July 21, 2020, Commerce tolled all deadlines for administrative
reviews by 60 days.\3\ On December 15, 2020, Commerce extended the
deadline for the final results of this administrative review by 60
days.\4\ The deadline for the final results of this review is now
February 19, 2021. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 15, 2020.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order 6
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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) (Order).
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The merchandise covered by this administrative review is aluminum
foil from China. For a full description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the Appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. The signed and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
In the Preliminary Results, we found no evidence calling into
question the no-shipment claims of Jiangsu Dingsheng New Materials
Joint-Stock Co., Ltd. No parties commented on this preliminary
decision. For the final results of this review, we continue to find
that Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. had no
shipments of subject merchandise to the United States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, Commerce has made two changes to the Preliminary
Results. First, for Zhongji, we have revised our calculation of ash/
dross to account for the metal content of the ash/dross. Second, we
have revised our calculation of an adverse inference with regard to
Xiashun. For a more detailed discussion of these changes, see the Final
Analysis Memoranda for Zhongji and Xiashun.\7\
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\7\ See Memorandum, ``Final Analysis Memorandum for Zhongji,''
dated concurrently with this memorandum; see also Memorandum,
``Final Analysis Memorandum for Xiashun,'' dated concurrently with
this memorandum.
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Separate Rate
In the Preliminary Results, we found that information placed on the
record by Zhongji; Xiashun; Alcha International Holdings Limited;
Dingsheng Aluminum Industries Hong Kong Trading Co.; Granges Aluminum
(Shanghai) Co., Ltd; Hangzhou Dingsheng Import & Export Co., Ltd.;
Hunan Suntown Marketing Limited; Jiangsu Alcha Aluminum Co., Ltd.;
Shanghai Shenyan Packaging Materials
[[Page 11500]]
Co.; SNTO International Trade Limited; and Suzhou Manakin Aluminum
Processing Technology Co., Ltd. demonstrates that these entities are
entitled to separate rate status.\8\ We received no comments or
arguments since the issuance of the Preliminary Results that provide a
basis for reconsideration of these determinations. Therefore, for these
final results, we continue to find that the companies listed in the
table for the ``final results of the review'' section of this notice
are eligible for a separate rate. For a more detailed discussion of
this issue, see Issues and Decision Memorandum.
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\8\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 7-10.
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Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period November 2, 2017, through March 31, 2019:
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Weighted-
Exporter average margin
(percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 23.62
Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
Jiangsu Zhongji Lamination Materials Co., Ltd./
Jiangsu Huafeng Aluminum Industry Co., Ltd...........
Xiamen Xiashun Aluminum Foil Co., Ltd................. 47.57
Alcha International Holdings Limited.................. 35.60
Dingsheng Aluminum Industries Hong Kong Trading Co.... 35.60
Granges Aluminum (Shanghai) Co., Ltd.................. 35.60
Hangzhou Dingsheng Import & Export Co., Ltd........... 35.60
Hunan Suntown Marketing Limited....................... 35.60
Jiangsu Alcha Aluminum Co., Ltd....................... 35.60
Shanghai Shenyan Packaging Materials Co............... 35.60
SNTO International Trade Limited...................... 35.60
Suzhou Manakin Aluminum Processing Technology Co., Ltd 35.60
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For the respondents which are eligible for a separate rate, but
were not selected for individual examination in this administrative
review, we have assigned a margin based on the average of the weighted
average dumping margins calculated for Zhongji and Xiashun, consistent
with section 735(c)(3)(A) of the Act.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity in this review,
the entity is not under review and the entity's rate (i.e., 105.80
percent) is not subject to change.\10\
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\9\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\10\ See Order, 83 FR at 17363.
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific assessment rates for merchandise subject
to this review. We calculated importer (or customer)-specific
assessment rates for merchandise subject to this review on a per-unit
(i.e., per-kilogram) basis. Specifically, we calculated a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and divided this amount by the
total quantity sold to that importer (or customer) during the POR. To
determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculate importer- (or customer-) specific ad valorem ratios based on
the estimated entered value. If an importer (or customer)-specific
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce
will instruct CBP to liquidate that importer's (or customer's) entries
of subject merchandise without regard to antidumping duties.
Consistent with its recent notice,\11\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Xiashun and
Zhongji and for each of the 10 companies identified above as eligible
for a separate rate, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review; (2) for previously investigated or reviewed Chinese and
non-Chinese exporters not listed above that have received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific cash deposit rate
published for the completed segment of the most recent period; (3) for
all Chinese exporters of subject merchandise that have not been found
to be entitled to a separate rate, the cash deposit rate will be the
rate for the China-wide entity; and (4) for all non-Chinese exporters
of subject merchandise which have not received their own separate rate,
the cash deposit rate will be the rate applicable to the Chinese
exporter that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
[[Page 11501]]
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: February 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Proper Sources for Certain Zhongji Surrogate Values
Comment 2: Allocation of Factory Overhead Expenses
Comment 3: Modification of Liquidation Instructions for Certain
Zhongji Sales
Comment 4: Zhongji Double Remedies Adjustment
Comment 5: Application of an Adverse Inference to Xiashun for 14
Non-Metal Inputs
Comment 6: Xiashun Run-Around Scrap
Comment 7: Xiashun Market Economy Inputs
Comment 8: Separate Rate Assigned to Non-Examined Companies
VI. Recommendation
[FR Doc. 2021-03838 Filed 2-24-21; 8:45 am]
BILLING CODE 3510-DS-P