[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Notices]
[Pages 9035-9037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03409]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review, 2019-
2020

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

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty order on 
certain aluminum foil from the People's Republic of China (China) to 
correct ministerial errors. The period of review (POR) is April 1, 
2019, through March 31, 2020.

DATES: Applicable February 17, 2022.

FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin 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: (202) 482-4275 or (202) 
482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 7, 2022, Commerce disclosed its calculations for the 
Final Results \1\ to interested parties.\2\ On January 12, 2022, the 
petitioners \3\ and 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) submitted allegations of 
ministerial errors in the Final Results.\4\ On January 19, 2022, 
Zhongji filed rebuttal ministerial error comments.\5\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review and 
Final Determination of No Shipments; 2019-2020, 87 FR 935 (January 
7, 2022) (Final Results), and accompanying Issues and Decision 
Memorandum.
    \2\ See Memoranda, ``2019-2020 Antidumping Administrative Review 
of Certain Aluminum Foil from the People's Republic of China--
Zhongji Analysis for the Final Results,'' dated December 30, 2021 
(Zhongji Final Analysis Memorandum); and ``Antidumping Duty 
Administrative Review of Certain Aluminum Foil from the People's 
Republic of China: Final Surrogate Value Memorandum,'' dated 
December 30, 2021 (Final Surrogate Value Memorandum). Commerce 
released both the Zhongji Final Analysis Memorandum and the Final 
Surrogate Value Memorandum to interested parties on January 7, 2022.
    \3\ The petitioners are the Aluminum Association Trade 
Enforcement Working Group and its individual members.
    \4\ See Petitioners' Letter, ``2nd Administrative Review of the 
Antidumping Order on Certain Aluminum Foil from the People's 
Republic of China--Petitioners' Comments Identifying Ministerial 
Errors in Final Results,'' dated January 12, 2022; see also 
Zhongji's Letter, ``Administrative Review of the Antidumping Duty 
Order on Certain Aluminum Foil from the People's Republic of China: 
Ministerial Error Comments,'' dated January 12, 2022.
    \5\ See Zhongji's Letter, ``Administrative Review of the 
Antidumping Duty Order on Certain Aluminum Foil from the People's 
Republic of China: Rebuttal Ministerial Error Comments,'' dated 
January 19, 2022.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . .''

Ministerial Error

    Commerce agrees with the petitioners that Commerce made 
inadvertent, unintentional errors in the Final Results within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to its calculation of financial ratios from the financial statement of 
Alcomet A.B. used in the calculation of normal value for respondent, 
Zhongji. Accordingly, Commerce determines that, in accordance with 
section 751(h) of the Act and 19 CFR 351.224(f), it made ministerial 
errors in the Final Results. However, Commerce determines that it did 
not make a ministerial error with respect to one of the alleged errors 
and that correction of the other alleged ministerial error has no 
effect on the margin.
    For a complete discussion of each of the ministerial error 
allegations, as well as Commerce's analysis, see the accompanying 
Ministerial Error Memorandum.\6\ The Ministerial Error Memorandum is a 
public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).

[[Page 9036]]

ACCESS is available to registered users at https://access.trade.gov.
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    \6\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain Aluminum Foil from the People's Republic of 
China: Ministerial Error Allegation in the Final Results,'' dated 
concurrently with this notice (Ministerial Error Memorandum).
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    Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Results to reflect the correction of a ministerial error in the 
calculation of the weighted-average dumping margin assigned to Zhongji 
in the Final Results, which changes from 62.02 percent to 63.52 
percent. Furthermore, we are revising the review-specific, weighted-
average dumping margin applicable to the companies not selected for 
individual examination in this administrative review, which is based 
entirely on Zhongji's weighted-average dumping margin.\7\
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    \7\ See Final Results, 86 FR at 936, 937.
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Amended Final Results

    As a result of correcting the ministerial errors, Commerce 
determines that the following weighted-average dumping margins exist 
for the period April 1, 2019, through March 31, 2020:

------------------------------------------------------------------------
                                                  Final weighted-average
                    Exporter                          dumping margin
                                                        (percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK)                     63.52
 Ltd./Jiangsu Zhongji Lamination Materials
 Stock Co., Ltd./Jiangsu Zhongji Lamination
 Materials Co., Ltd./Jiangsu Huafeng Aluminum
 Industry Co., Ltd.............................
------------------------------------------------------------------------
       Review-Specific Rate Applicable to the Following Companies
------------------------------------------------------------------------
Alcha International Holdings Limited...........                    63.52
Dingsheng Aluminium Industries (Hong Kong)                         63.52
 Trading Co., Limited (a.k.a. Dingsheng
 Aluminium Industries (Hong Kong) Trading Co.,
 Ltd.).........................................
Hangzhou Dingsheng Import & Export Co., Ltd.                       63.52
 (a.k.a. Hangzhou Dingsheng Import and Export
 Co., Ltd.)....................................
Hunan Suntown Marketing Limited................                    63.52
Suntown Technology Group Corporation Limited                       63.52
 (a.k.a. Suntown Technology Group Co., Ltd.)...
Xiamen Xiashun Aluminum Foil Co., Ltd..........                    63.52
Yinbang Clad Materials Co., Ltd................                    63.52
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after publication of these amended final 
results in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with these amended final results of review. 
We intend to issue assessment instructions to CBP no earlier than 35 
days after the date of publication of these amended final results. 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).
    Where Zhongji reported reliable entered values, we calculated 
importer- (or customer-) specific ad valorem rates by aggregating the 
dumping margins calculated for all U.S. sales to each importer (or 
customer) and dividing this amount by the total entered value of the 
sales to each importer (or customer).\8\ Where Commerce calculated a 
weighted-average dumping margin by dividing the total amount of dumping 
for reviewed sales to that party by the total sales quantity associated 
with those transactions, Commerce will direct CBP to assess importer- 
(or customer-) specific assessment rates based on the resulting per-
unit rates.\9\ Where an importer- (or customer-) specific ad valorem or 
per-unit rate is greater than de minimis (i.e., 0.50 percent), Commerce 
will instruct CBP to collect the appropriate duties at the time of 
liquidation.\10\ Where an importer- (or customer-) specific ad valorem 
or per-unit rate is zero or de minimis, Commerce will instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\11\
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    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
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    For the non-selected respondents that received a separate rate,\12\ 
we will instruct CBP to apply an antidumping duty assessment rate of 
63.52 percent to all entries of subject merchandise that entered the 
United States during the POR. For the companies that we determined had 
no reviewable entries of the subject merchandise in this review period, 
any suspended entries that entered under those exporters' case numbers 
(i.e., at the exporters' rates) will be liquidated at the China-wide 
rate.\13\ For all other companies, we will instruct CBP to apply the 
antidumping duty assessment rate of the China-wide entity to all 
entries of subject merchandise exported by these companies.\14\
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    \12\ These companies are: Alcha International Holdings Limited; 
Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited 
(a.k.a. Dingsheng Aluminium Industries (Hong Kong) Trading Co., 
Ltd.); Hangzhou Dingsheng Import & Export Co., Ltd. (a.k.a. Hangzhou 
Dingsheng Import and Export Co., Ltd.); Hunan Suntown Marketing 
Limited; Suntown Technology Group Corporation Limited (a.k.a. 
Suntown Technology Group Co., Ltd.); Xiamen Xiashun Aluminum Foil 
Co., Ltd.; and Yinbang Clad Material Co., Ltd.
    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
    \14\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 19730, 19731 (April 8, 2020) (``All 
firms listed below that wish to qualify for separate rate status in 
the administrative reviews involving NME countries must complete, as 
appropriate, either a separate rate application or certification, as 
described below.'').

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[[Page 9037]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 subject merchandise exported 
by the companies listed above that have separate rates, the cash 
deposit rate will be the rate established in these final results of 
review for each exporter as listed above; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, except for the companies which lost their separate rate 
eligibility in this review, the cash deposit rate will continue to be 
the existing exporter-specific rate; (3) for all Chinese exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, or lost their separate rate eligibility in this review, 
the cash deposit rate will be that for the China-wide entity; \15\ and 
(4) for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
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    \15\ In this proceeding, the China-wide cash deposit rate of 
95.15 percent reflects the dumping margin of 105.80 percent adjusted 
for subsidy offset. See Certain Aluminum Foil from the People's 
Republic of China: Amended Final Affirmative Countervailing Duty 
Determination and Countervailing Duty Order, 83 FR 17362, 17363 
(April 19, 2018).
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Notification to Importers

    This notice also serves as a final reminder to importers of their 
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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: February 10, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-03409 Filed 2-16-22; 8:45 am]
BILLING CODE 3510-DS-P