[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73249-73251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28043]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of certain aluminum foil (aluminum foil) from the People's Republic of 
China (China). The period of review (POR) is January 1, 2019, through 
December 31, 2019.

DATES: Applicable December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on July 
7, 2021, and invited comments from interested parties.\1\ On August 13, 
2021, we received timely filed case briefs from the following 
interested parties: Jiangsu Zhongji Lamination Materials Co., Ltd. 
(Zhongji); Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun); and the 
Government of China (GOC).\2\ On August 24, 2021, we received a timely 
filed rebuttal brief from the Aluminum Association Trade Enforcement 
Working Group (the petitioners).\3\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2019, 86 FR 35735 (July 7, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Zhongji's Case Brief, ``Certain Aluminum Foil from the 
People's Republic of China: Case Brief,'' dated August 13, 2021 
(Zhonji's Case Brief); Xiashun's Case Brief, ``Certain Aluminum Foil 
from The People's Republic of China--Case Brief,'' dated August 13, 
2021 (Xiashun's Case Brief); and GOC's Case Brief, ``Certain 
Aluminum Foil from the People's Republic of China: Case Brief,'' 
dated August 13, 2021 (GOC's Case Brief).
    \3\ See Petitioner's Rebuttal Brief, ``Certain Aluminum Foil 
from The People's Republic Of China . . . Petitioners' Rebuttal 
Brief,'' dated August 24, 2021 (the Petitioner's Rebuttal Brief). 
Individual Members of the Aluminum Association Trade Enforcement 
Working Group include: JW Aluminum Company, Novelis Corporation, and 
Reynolds consumer Products LLC.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is aluminum foil from China.\4\ 
For a complete description of the scope of this order, see the Issues 
and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \4\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 76 FR 17360 (April 19, 2018) (Order).
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2019 Administrative Review of the Countervailing Duty Order 
on Certain Aluminum Foil from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum. A list of the issues raised by 
parties to which Commerce responded in the Issues and Decision 
Memorandum is provided in Appendix I 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 https://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received and record evidence, we made certain 
changes from the Preliminary Results with respect to the net 
countervailable subsidy rate calculated for Xiashun and assigned to 
companies not selected for individual examination in this review. These 
changes are explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient,

[[Page 73250]]

and that the subsidy is specific.\6\ For a full description of the 
methodology underlying all of Commerce's conclusions, including any 
determination that relied upon the use of adverse facts available 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

Companies Not Selected for Individual Examination

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated a 
countervailable subsidy rate for mandatory respondent Xiashun. Because 
the rate calculated for Xiashun, the only cooperating mandatory 
respondent, is above de minimis and not based entirely on facts 
available, we assigned this rate to other companies subject to this 
administrative review but not selected for individual examination. This 
is consistent with the methodology that we use in an investigation to 
establish the all-others rate, pursuant to section 705(c)(5)(A) of the 
Act.

Final Results of Administrative Review

    We determine that, for the period January 1, 2019, through December 
31, 2019, the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                             Net countervailable subsidy
                  Company                     rate (percent ad valorem)
------------------------------------------------------------------------
Alcha International Holdings Limited......                         14.20
Anhui Maximum Aluminum Industries Company                          14.20
 Ltd.; Jiangsu Huafeng Aluminum Industry
 Co., Ltd.; Jiangsu Zhongji Lamination
 Materials Co., Ltd.; Jiangsu Zhongji
 Lamination Materials Co., (HK) Limited;
 and Shantou Wanshun Package Material
 Stock Co., Ltd.\7\.......................
Dingsheng Aluminum Industries (Hong Kong)                          14.20
 Trading Co., Ltd.; Hangzhou DingCheng
 Aluminum Co., Ltd.; Hangzhou Dingsheng
 Import & Export Co. Ltd.; Hangzhou
 Dingsheng Industrial Group Co. Ltd.;
 Hangzhou Five Star Aluminum Co., Ltd.;
 Hangzhou Teemful Aluminum Co., Ltd.;
 Jiangsu Dingsheng New Materials Joint
 Stock Co., Ltd.; Luoyang Longding
 Aluminium Industries Co., Ltd.; and
 Walson (HK) Trading Co., Limited.\8\.....
Hunan Suntown Marketing Limited...........                         14.20
Jiangsu Alcha Aluminum Co., Ltd...........                        305.07
SNTO International Trade Limited..........                         14.20
Suntown Technology Group Corporation                               14.20
 Limited..................................
Xiamen Xiashun Aluminium Foil Co. Ltd.....                         14.20
Yinbang Clad Material Co., Ltd............                         14.20
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).
---------------------------------------------------------------------------

    \7\ In the first administrative review of the Order, Commerce 
found the following companies to be cross-owned: Anhui Maximum 
Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry 
Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun 
Material Stock Co., Ltd.; and Anhui Maximum Aluminum Industries 
Company Limited. The subsidy rate applies to all cross-owned 
companies. See Certain Aluminum Foil from the People's Republic of 
China: Final Results of the Countervailing Duty Administrative 
Review; 2017-2018, 86 FR 12171 (March 2, 2021).
    \8\ In the investigation, Commerce found the following companies 
to be cross-owned: Dingsheng Aluminum Industries (Hong Kong) Trading 
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou Dingsheng 
Import & Export Co. Ltd.; Hangzhou Dingsheng Industrial Group Co. 
Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful 
Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials Joint-Stock Co., 
Ltd.; Luoyang Longding Aluminum Co., Ltd.; and Walson (HK) Trading 
Co., Limited. The subsidy rate applies to all cross-owned companies. 
See Order.
---------------------------------------------------------------------------

Assessment Rate

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Consistent with its 
recent notice,\9\ 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).
---------------------------------------------------------------------------

    \9\ 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).
---------------------------------------------------------------------------

Cash Deposit Rates

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above. For 
all non-reviewed firms, we will instruct CBP to continue to collect 
cash deposits of estimated countervailing duties at the most recent 
company-specific or all-others rate applicable to the company, as 
appropriate. These cash deposits, when imposed, shall remain in effect 
until further notice.

Administrative Protective Order

    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). Timely 
written notification of the return/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 sanctionable 
violation.

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).


[[Page 73251]]


    Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
    Comment 1: Whether Commerce Should Continue to Find that Xiamen 
Xiashun Aluminum Foil Co., Ltd. (Xiashun) Received Countervailable 
Benefits Under the Policy Loans to Aluminum Foil Producers Program
    Comment 2: Whether Commerce Should Include Benefits from Bank 
Acceptances in the Calculation of Benefits Under the Policy Loans to 
Aluminum Foil Producers Program
    Comment 3: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that Xiashun Benefited from the Export Buyers 
Credit Program
    Comment 4: Whether Commerce Should Continue to Make Adverse 
Inferences to Find Financial Contribution and Specificity and to 
Calculate Benefits Under the Electricity for Less Than Adequate 
Remuneration (LTAR) Program
    Comment 5: Whether Commerce Should Modify the Benchmarks Used to 
Value Electricity
    Comment 6: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that Primary Aluminum Producers are Authorities
    Comment 7: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that the Primary Aluminum Market in China is 
Distorted
    Comment 8: Whether Commerce Should Modify the Benchmark Used to 
Value Primary Aluminum
    Comment 9: Whether Commerce Should Modify the Ocean Freight 
Benchmark
XI. Recommendation

[FR Doc. 2021-28043 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P