[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 41884-41885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13671]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: Final 
Results of the Expedited First Sunset Review of the Countervailing Duty 
Order

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

SUMMARY: As a result of this expedited sunset review, the U.S. 
Department of Commerce (Commerce) finds that revocation of the 
countervailing duty order on certain aluminum foil (aluminum foil) from 
the People's Republic of China (China) would be likely to lead to 
continuation or recurrence of countervailable subsidies at the levels 
as indicated in the ``Final Results of Sunset Review'' section of this 
notice.

DATES: Applicable June 28, 2023.

FOR FURTHER INFORMATION CONTACT: Harrison Tanchuck, 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) 482-7421.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2023, Commerce published the notice of initiation of 
the first sunset review of the Order,\1\ pursuant to section 751(c) of 
the Tariff Act of 1930, as amended (the Act).\2\ Commerce received a 
notice of intent to participate from Aluminum Association Trade 
Enforcement Working Group and

[[Page 41885]]

its individual members Gr[auml]nges Americas Inc.; JW Aluminum Company; 
Novelis Corporation; and Reynolds Consumer Products, LLC (collectively, 
domestic interested parties) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\ Each claimed interested party status under section 
771(9)(C) of the Act as domestic producers engaged in the production in 
the United States of aluminum foil.
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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) 
(Aluminum Foil from China Amended Final Determination and Order); 
see also Certain Aluminum Foil from the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Amended Final 
Determination in the Countervailing Duty Investigation, and Notice 
of Amended Final Determination and Amended Countervailing Duty 
Order, 85 FR 47730 (August 6, 2020) (Aluminum Foil from China Second 
Amended Final Determination and Amended Order) (collectively, the 
Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 88 FR 12915 
(March 1, 2023).
    \3\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Notice of Intent to Participate,'' dated March 
9, 2023.
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    Commerce received a substantive response from the domestic 
interested parties within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ We did not receive a substantive response from any 
other interested party in these proceedings, and no party requested a 
hearing.
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    \4\ See Domestic Interested Parties' Letter, ``Domestic 
Interested Parties' Substantive Response,'' dated March 31, 2023.
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    On April 20, 2023, Commerce notified the U.S. International Trade 
Commission that it did not receive an adequate substantive response 
from respondent interested parties.\5\ As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted expedited (120-day) sunset reviews of the Order.
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    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on March 
1, 2023,'' dated April 20, 2023.
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Scope of the Order

    The product covered by the Order is aluminum foil. For a complete 
description of the scope of this order, see the Issues and Decision 
Memorandum.\6\
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited First Sunset Review of the Countervailing Duty Order of 
Certain Aluminum Foil from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum, including the likelihood of continuation or 
recurrence of countervailable subsidies and the net countervailable 
subsidy likely to prevail if the Order were revoked.\7\ 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 Services 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.
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    \7\ Id.
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to the 
continuation or recurrence of countervailable subsidies at the 
following rates:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/Exporter                       (percent ad
                                                             valorem)
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Dingsheng Aluminum Industries (Hong Kong) Trading Co.,             54.35
 Ltd.\8\................................................
Jiangsu Zhongji Lamination Materials Co., Ltd.\9\.......           40.71
Loften Aluminum (Hong Kong) Limited.....................          114.77
Manakin Industries, LLC \10\............................          114.77
All Others..............................................           47.53
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Administrative Protective Order
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    \8\ See Countervailing Duty Investigation of Certain Aluminum 
Foil from the People's Republic of China: Final Affirmative 
Determination, 83 FR 9274 (March 5, 2018) (Aluminum Foil from China 
Final Determination). In Aluminum Foil from China Final 
Determination, Commerce found the following companies to be cross-
owned with Dingsheng Aluminum Industries (Hong Kong) Trading Co., 
Ltd.: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; 
Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star Aluminum 
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang Longding 
Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co., Ltd.; 
Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK) 
Trading Co., Limited. Aluminum Foil from China Amended Final 
Determination and Order and Aluminum Foil from China Second Amended 
Final Determination and Amended Order made no changes to Dingsheng 
Aluminum Industries (Hong Kong) Trading Co., Ltd.'s cross-owned 
companies as described in Aluminum Foil from China Final 
Determination. The subsidy rate applies to all cross-owned 
companies.
    \9\ In Aluminum Foil from China Final Determination, Commerce 
found the following companies to be cross-owned with Jiangsu Zhongji 
Lamination Materials Co., Ltd.: Shantou Wanshun Package Material 
Stock Co., Ltd.; Jiangsu Huafeng Aluminum Industry Co., Ltd.; and 
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. Aluminum Foil 
from China Amended Final Determination and Order and Aluminum Foil 
from China Second Amended Final Determination and Amended Order made 
no changes to Jiangsu Zhongji Lamination Materials Co., Ltd.'s 
cross-owned companies as described in Aluminum Foil from China Final 
Determination; see also 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) 
(Aluminum Foil from China AR 2017-18 Final Results) and accompanying 
Issue and Decision Memorandum at footnote 10. In Aluminum Foil from 
China AR 2017-18 Final Results, there were changes to Jiangsu 
Zhongji's cross-owned companies from Aluminum Foil from China Final 
Determination, ``As discussed in the Preliminary Decision 
Memorandum, Commerce has found the following companies to be cross-
owned with Jiangsu Zhongji Lamination Materials Co., Ltd.: Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK); Jiangsu 
Huafeng Aluminum Industry Co. Ltd. (Jiangsu Huafeng); Shantou 
Wanshun Material Stock Co., Ltd. (Shantou Wanshun); and Anhui 
Maximum Aluminum Industries Company Limited (Anhui Maximum).'' The 
subsidy rate applies to all cross-owned companies.
    \10\ In Aluminum Foil from China Final Determination, Commerce 
found that Manakin Industries, LLC and Suzhou Manakin Aluminum 
Processing Technology Co., Ltd. (Suzhou Manakin), effectively 
function by joint operation as a trading company. Therefore, the 
subsidy rate for Manakin Industries, LLC also applies to Suzhou 
Manakin. Aluminum Foil from China Amended Final Determination and 
Order and Aluminum Foil from China Second Amended Final 
Determination and Amended Order made no changes to the determination 
that Manakin Industries, LLC and Suzhou Manakin effectively operate 
as a joint operation as a trading company, and therefore should 
receive the same rate, as described in Aluminum Foil from China 
Final Determination.
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    This notice serves as the only 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). Timely written notification 
of the 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 this notice in accordance with 
sections 751(c), 752(b), and 777(i)(1) of the Act, and 19 CFR 351.218.

    Dated: June 21, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
IX. Appendix: Calculation of Net Countervailable Subsidy Rates 
Likely to Prevail

[FR Doc. 2023-13671 Filed 6-27-23; 8:45 am]
BILLING CODE 3510-DS-P