[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29092-29095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09568]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Rescission of Antidumping Duty Administrative Review, and Preliminary 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain companies under review sold subject merchandise 
at less than normal value during the period of review (POR), April 1, 
2021, through March 31, 2022. Additionally, Commerce is rescinding this 
administrative review with respect to certain companies. Interested 
parties are invited to comment on these preliminary results of this 
review.

DATES: Applicable May 5, 2023.

FOR FURTHER INFORMATION CONTACT: 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) 482-4475.

SUPPLEMENTARY INFORMATION: 

Background

    On June 9, 2022, in response to review requests from multiple 
parties, Commerce published the notice of initiation of an 
administrative review of the antidumping duty order \1\ on certain 
aluminum foil from the People's Republic of China (China).\2\ On 
September 7, 2022, all requests for review were withdrawn for certain 
companies.\3\ On December 2, 2022, we extended the deadline for these 
preliminary results of review, until April 28, 2023.\4\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
    \3\ See Petitioners' Letter, ``Petitioners Partial Withdrawal of 
Review Requests,'' dated September 7, 2022.
    \4\ See Memorandum, ``Extension of Time Limit for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
2, 2022.
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    For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\5\ A 
list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public 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 Preliminary Decision Memorandum can be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review of 
Certain Aluminum Foil from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

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

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). In determining the dumping margins in this review, we calculated 
export prices in accordance with section 772 of the Act. Because 
Commerce has determined that China is a non-market economy country,\6\ 
within the meaning of section

[[Page 29093]]

771(18) of the Act, Commerce calculated normal value in accordance with 
section 773(c) of the Act. For a full description of the methodology 
underlying the preliminary results of this review, see the Preliminary 
Decision Memorandum.
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    \6\ 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, 50861 (November 2, 2017) (citing 
Memorandum, ``China's Status as a Non-Market Economy,'' dated 
October 26, 2017), 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).
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Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties that 
requested a review withdraw their requests within 90 days of the 
publication date of the notice of initiation of the requested review. 
On September 7, 2022, the petitioners \7\ withdrew their request for 
review of the following companies: (1) Anhui Maximum Aluminum 
Industries Company Ltd.; (2) Alcha International Holdings Limited; (3) 
Granges Aluminum (Shanghai) Co., Ltd.; (4) Hunan Suntown Marketing 
Limited; (5) Jiangsu Huafeng Aluminum Industry Co., Ltd.; (6) Jiangsu 
Zhongji Lamination Materials Co., Ltd.; (7) Jiangsu Zhongji Lamination 
Materials Co., (HK) Ltd.; (8) Suntown Technology Group Corporation 
Limited; (9) Xiamen Xiashun Aluminum Foil Co., Ltd.; (10) Yinbang Clad 
Materials Co., Ltd.; and (11) Walson (HK) Trading Co., Limited.\8\
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    \7\ The petitioners are the Aluminum Trade Enforcement Working 
Group and its individual members, i.e., JW Aluminum Company, Novelis 
Corporation, and Reynolds Consumer Products, LLC.
    \8\ See Petitioners' Letter, ``Petitioners Partial Withdrawal of 
Review Requests,'' dated September 7, 2022.
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    Because the review requests for each of the 11 companies named 
above have been timely withdrawn, and because no other party has 
requested a review of these companies, we are rescinding this review 
with respect to these 11 companies, in accordance with 19 CFR 
351.213(d)(1).

Preliminary Determination of No Shipments

    Shanghai Shenyan Packaging Materials Co., Ltd. (Shanghai Shenyan) 
reported no shipments of subject merchandise to the United States 
during the POR.\9\ We confirmed the no-shipment claims by reviewing 
information obtained from a U.S. Customs and Border Protection (CBP) 
data query \10\ and by contacting CBP to request that it provide any 
information that contradicted the no-shipment claims of these 
companies. To date, CBP has not responded to our inquiry with any 
contrary information, and we have not received any evidence that this 
company had any shipments of the subject merchandise sold to the United 
States during the POR.\11\
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    \9\ See Shanghai Shenyan's Letter, ``No Sales Certification,'' 
dated July 11, 2022 (Shanghai Shenyan No Shipment Certification).
    \10\ See Memorandum, ``U.S. Customs and Border Protection 
Data,'' dated June 24, 2022, at Attachment 1.
    \11\ CBP responds to Commerce's inquiry only when there are 
records of shipments from the company in question. See, e.g., 
Certain Hot-Rolled Flat-Rolled Carbon Quality Steel Flat Products 
from Brazil: Notice of Rescission of Antidumping Duty Administrative 
Review, 75 FR 65453, 65454 (October 25, 2010).
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    Based on its no-shipment certification, our analysis of the results 
of the CBP data queries, and the fact that CBP identified no 
information that contradicted the no-shipment claim, we preliminarily 
determine that Shanghai Shenyan did not have any shipments of subject 
merchandise to the United States during the POR. Consistent with 
Commerce's practice in non-market economy cases, we have not rescinded 
the review with respect to Shanghai Shenyan, but we will continue the 
review of this company and issue instructions to CBP based on the final 
results of the review.\12\
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    \12\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Preliminary Affiliation and Single Entity Determination

    Consistent with Commerce's treatment of Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Ltd.); Hangzhou Dingsheng 
Import&Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co., 
Ltd.); Hangzhou Five Star Aluminium Co., Ltd.; Hangzhou Teemful 
Aluminium Co., Ltd.; Inner Mongolia Liansheng New Energy Material Co.; 
and Inner Mongolia Xinxing New Energy Material Co., Ltd. (collectively, 
Dingsheng) in a prior segment of this proceeding,\13\ we have continued 
to find that these companies are affiliated entities, pursuant to 
sections 771(33)(E), (F), and (G) of the Act, and that they should be 
treated as a single entity pursuant to 19 CFR 351.401 (f)(1)-(2). For 
additional information, see the Preliminary Decision Memorandum.
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    \13\ 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 and Accompanying Preliminary Decision 
Memorandum, 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 supports continuing to treat 
these companies as a collapsed entity in this review. See 
Memorandum, ``Dingsheng Analysis for the Preliminary Results,'' 
dated concurrently with this memorandum.
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Separate Rates

    We have preliminarily determined that the companies within the 
Dingsheng entity demonstrated their eligibility for a separate rate. We 
have also preliminarily determined that Shanghai Huafon Aluminium 
Corporation (Shanghai Huafon) is ineligible for a separate rate because 
it filed no response to our antidumping questionnaire.\14\ For 
additional information, see the Preliminary Decision Memorandum.
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    \14\ See Preliminary Decision Memorandum at 2.
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China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the China-wide entity.\15\ Because no party 
requested a review of the China-wide entity, the China-wide entity is 
not under review and the weighted-average dumping margin for the China-
wide entity is not subject to change (i.e., 105.80 percent).\16\ 
Because Shanghai Huafon did not demonstrate its eligibility for a 
separate rate, we preliminarily determine Shanghai Huafon to be part of 
the China-wide entity.
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    \15\ 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).
    \16\ See Order.
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Preliminary Results of Review

    We are preliminarily assigning the following dumping margins to the 
firms listed below for the period April 1, 2021, through March 31, 
2022:

[[Page 29094]]



------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                          (percent)
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Dingsheng Aluminium Industries (Hong Kong) Trading                32.85
 Co., Limited (Dingsheng Aluminium Industries (Hong
 Kong) Trading Co., Ltd.)/Hangzhou Dingsheng Import
 & Export Co., Ltd. (Hangzhou Dingsheng Import and
 Export Co., Ltd.)/Hangzhou Five Star Aluminium
 Co., Ltd./Hangzhou Teemful Aluminium Co., Ltd./
 Inner Mongolia Liansheng New Energy Material Co./
 Inner Mongolia Xinxing New Energy Material Co.,
 Ltd...............................................
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Disclosure and Public Comment

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these preliminary 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). Interested parties may 
submit case briefs no later than 30 days after the date of publication 
of these preliminary results of review in the Federal Register.\17\ 
Rebuttal briefs may be filed no later than seven days after case briefs 
are due and may respond only to arguments raised in the case 
briefs.\18\ A table of contents, list of authorities used, and an 
executive summary of issues should accompany any briefs submitted to 
Commerce. The summary should be limited to five pages total, including 
footnotes.\19\
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    \17\ See 19 CFR 351.309(c)(ii).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2), (d)(2).
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    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 in the Federal Register.\20\ Requests 
should contain the party's name, address, and telephone number, the 
number of individuals from the requesting party's firm that will attend 
the hearing, and a list of the issues the party intends to discuss at 
the hearing. Oral arguments at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at a date and time to be determined.\21\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date of the hearing.
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    \20\ See 19 CFR 351.310(c).
    \21\ See 19 CFR 351.310(d).
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    All submissions must be filed electronically using ACCESS.\22\ An 
electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time on the due date.\23\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\24\
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    \22\ See generally 19 CFR 351.303.
    \23\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011).
    \24\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\25\ Commerce intends to issue assessment instructions to CBP no 
earlier than 35 days after 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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    \25\ See 19 CFR 351.212(b)(1).
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    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates.\26\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer/customer and dividing this amount by the total entered value 
of the merchandise sold to the importer/customer.\27\ Where the 
respondent did not report entered values, Commerce will calculate 
importer/customer-specific assessment rates by dividing the amount of 
dumping for reviewed sales to the importer/customer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\28\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer/customer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\29\
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    \26\ See 19 CFR 351.212(b)(1).
    \27\ See 19 CFR 351.212(b)(1).
    \28\ Id.
    \29\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by an exporter 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin for the 
China-wide entity.\30\ Additionally, where Commerce determines that an 
exporter under review had no shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin for the China-wide 
entity.
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    \30\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full 
discussion of this practice.
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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

[[Page 29095]]

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value exceeds U.S. price. The following cash deposit 
requirements will be effective for shipments of the subject merchandise 
from China entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this notice in the Federal Register, as 
provided by section 751(a)(2)(C) of the Act: (1) for the exporters 
listed in the table above, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review for the exporter (except, if the dumping margin is de 
minimis (i.e., less than 0.5 percent), then the cash deposit rate will 
be zero for that exporter); (2) for previously investigated or reviewed 
Chinese and non-Chinese exporters that are not listed in the table 
above but that have separate rates, the cash deposit rate will continue 
to be the exporter-specific rate established in the most recently 
completed segment of this proceeding; (3) for all Chinese exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the rate for the China-
wide entity (i.e., 105.80 percent) \31\ and (4) for all non-Chinese 
exporters of subject merchandise that have not received their own rate, 
the cash deposit rate will be the rate applicable to the China exporter 
that supplied that non-Chinese exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \31\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing duties has 
occurred, and the subsequent assessment of double antidumping duties 
and/or an increase in the amount of antidumping duties by the amount of 
the countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these results 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 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Sections in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A of the Act
VIII. Currency Conversion
IX. Recommendation

[FR Doc. 2023-09568 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DS-P