[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28496-28498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09426]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review and 
Rescission of Review, in Part; 2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and exporters of certain aluminum foil (aluminum foil) 
from the People's Republic of China (China) received countervailable 
subsidies during the period of review (POR), January 1, 2021, through 
December 31, 2021.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison, 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) 482-1240.

SUPPLEMENTARY INFORMATION:

Background

    On June 9, 2022, Commerce published a notice of initiation of an 
administrative review of the order,\1\ covering the requested 
companies.\2\ As explained below, on September 7, 2022, the Aluminum 
Association Trade Enforcement Working Group (the petitioners) withdrew 
their review requests with respect to certain companies.\3\ On December 
8, 2022, Commerce extended the deadline for completion of these 
preliminary results until no later than April 28, 2023.\4\
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    \1\ See 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation 
Notice).
    \3\ See Petitioners' Letter, ``Petitioners' Partial Withdrawal 
of Requests for Administrative Reviews,'' dated September 7, 2022 
(Petitioners' Withdrawal of Review Requests).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Countervailing Duty Administrative Review; 2021,'' dated 
December 8, 2022.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included appendix I to this notice. The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Certain 
Aluminum Foil from the People's Republic of China; 2021,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the Order is aluminum foil from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a financial contribution by an 
``authority'' that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\6\ For a full description of the methodology 
underlying our conclusions, see the accompanying Preliminary Decision 
Memorandum.
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    \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.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of China 
did not act to the best of its ability to respond to Commerce's 
requests for certain information, it drew an adverse inference, where 
appropriate, in selecting from among the facts otherwise available. For 
further information, see the Preliminary Decision Memorandum at ``Use 
of Facts Otherwise Available and Adverse Inferences.''
    The subsidy rate calculated in these preliminary results for the 
mandatory respondent reflects an entered value adjustment.\7\
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    \7\ See Preliminary Decision Memorandum at ``Entered Value 
Adjustment,'' for a discussion of the methodology.
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Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an

[[Page 28497]]

administrative review, in whole or in part, if the party or parties 
that requested a review withdraw the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above the petitioners timely withdrew their requests for 
review of certain companies.\8\
    Because no other party requested a review of these 15 companies, 
and in accordance with 19 CFR 351.213(d)(1), we are rescinding the 
review with respect to these companies (see appendix II).

Preliminary Results of Review

    Commerce preliminarily determines that, during the POR, the 
following countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy  rate
                         Company                            (percent ad
                                                             valorem)
------------------------------------------------------------------------
Anhui Zhongji Battery Foil Science & Technology Co.,          \10\ 24.37
 Ltd. (aka Anhui Zhongji Battery Foil Sci&Tech Co.,
 Ltd.); Jiangsu Huafeng Aluminum Industry Co., Ltd.;
 Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a
 Jiangsu Zhongji Lamination Materials Stock Co., Ltd.);
 Jiangsu Zhongji Lamination Materials Co., (HK) Limited;
 and Shantou Wanshun New Material Group Co., Ltd. (f/k/a
 Shantou Wanshun Package Material Stock Co., Ltd.) \9\..
Dingsheng Aluminum Industries (Hong Kong) Trading Co.,        \12\ 25.20
 Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou
 Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
 Industrial Group Co. Ltd.; Hangzhou Five Star Aluminium
 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.\11\.........................
Shanghai Shenyan Packaging Materials Co., Ltd...........      \13\ 25.20
------------------------------------------------------------------------

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend 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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    \8\ See Petitioners' Withdrawal of Review Requests. The 
petitioners also withdrew their request for review for three 
companies which were found to be cross-owned with Jiangsu Zhongji 
Lamination Materials Stock Co., Ltd. in a prior segment of this 
proceeding. These companies are: Anhui Maximum Aluminium Industries 
Company Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd. and 
Shantou Wanshun Package Material Stock Co., Ltd. See Petitioners' 
Withdrawal of Review Requests at 3-4. During the course of this 
review, we determined that Anhui Maximum Aluminium Industries 
Company Ltd. and Shantou Wanshun Package Material Stock Co., Ltd. 
changed their names to Anhui Zhongji Battery Foil Science & 
Technology Co., Ltd. (aka Anhui Zhongji Battery Foil Sci&Tech Co., 
Ltd.) and Shantou Wanshun New Material Group Co., Ltd. (f/k/a 
Shantou Wanshun Package Material Stock Co., Ltd.), respectively. 
Thus, these three companies are included in the ``Preliminary 
Results of Review'' section below under their updated company names, 
as applicable, and preliminarily determined to be cross-owned with 
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.
    \9\ In the first administrative review of the Order, Commerce 
found the following companies to be cross-owned: Anhui Maximum 
Aluminium Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry 
Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a 
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.); Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun Package 
Material Stock Co., Ltd.; and Anhui Maximum Aluminium Industries 
Company Ltd. 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). While the petitioners withdrew their 
review requests for Anhui Maximum Aluminium Industries Company Ltd., 
Jiangsu Huafeng Aluminum Industry Co., Ltd., and Shantou Wanshun 
Package Material Stock Co., Ltd., because these companies were 
previously found to be cross-owned with a company which is subject 
to this review, we preliminarily intend not to rescind the review 
with respect to these companies.
    \10\ This net countervailable ad valorem subsidy rate reflects 
an entered value adjustment (EVA). See Preliminary Decision 
Memorandum at 8-9.
    \11\ 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 Aluminium Co., Ltd.; 
Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials 
Joint-Stock Co., Ltd.; Luoyang Longding Aluminium Co., Ltd.; and 
Walson (HK) Trading Co., Limited. The subsidy rate applies to all 
cross-owned companies. See Order.
    \12\ This reflects the net countervailable ad valorem subsidy 
rate without the EVA. See Preliminary Decision Memorandum at 8-9.
    \13\ This reflects the net countervailable ad valorem subsidy 
rate without the EVA. See Preliminary Decision Memorandum at 8-9.
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    For the companies for which this review is rescinded with these 
preliminary results, Commerce will instruct CBP to assess 
countervailing duties on all appropriate entries at a rate equal to the 
cash deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2021, through December 31, 2021, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP no later than 35 days after publication of 
this notice in the Federal Register.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, upon issuance of the 
final results, Commerce intends to instruct CBP to collect cash 
deposits of estimated countervailing duties for each of the companies 
listed above on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review, except where the rate 
calculated in the final results is zero or de minimis, no cash deposit 
will be required. 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 deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results. Interested parties 
may submit written comments (case briefs) within 30 days of publication 
of the preliminary results and rebuttal comments (rebuttal briefs) 
within seven days after the time limit for filing case briefs.\14\ 
Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to 
issues raised in the case briefs.\15\ Parties who submit arguments are 
requested to submit with the

[[Page 28498]]

argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\16\ Note that Commerce has 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\17\
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    \14\ See 19 CFR 224(b).
    \15\ See 19 CFR 351.309(c)(1)(ii) and (d)(1); see also Temporary 
Rule Modifying AD/CVD Service Requirements Due to COVID-19; 
Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice.\18\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. Issues 
addressed during the hearing will be limited to those raised in the 
briefs.\19\ If a request for a hearing is made, Commerce will inform 
parties of the scheduled date of the hearing.\20\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310.
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    Parties are reminded that all briefs and hearing requests are to be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring the Adequacy of Remuneration
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation

Appendix II

Companies Rescinded From Review

    (1) Alcha International Holdings Limited;
    (2) Baotou Alcha Aluminum Co., Ltd.
    (3) Granges Aluminum (Shanghai) Co., Ltd.;
    (4) Guangxi Baise Xinghe Aluminum Industry Co., Ltd.;
    (5) Hunan Suntown Marketing Limited;
    (6) Jiangyin Dolphin Pack Ltd. Co.;
    (7) Shandong Yuanrui Metal Material Co., Ltd.;
    (8) Shanghai Huafon Aluminium Corporation;
    (9) SNTO International Trade Limited;
    (10) Suntown Technology Group Corporation Limited;
    (11) Xiamen Xiashun Aluminum Foil Co., Ltd.;
    (12) Yantai Donghai Aluminum Co., Ltd.;
    (13) Yantai Jintai International Trade Co., Ltd.;
    (14) Yinbang Clad Material Co., Ltd.;
    (15) Zhejiang Zhongjin Aluminum Industry Co., Ltd.

 [FR Doc. 2023-09426 Filed 5-3-23; 8:45 am]
 BILLING CODE 3510-DS-P