[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35801-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09589]
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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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers and/or exporters made sales of
certain aluminum foil (aluminum foil) at less than normal value during
the period of review (POR), April 1, 2022, through March 31, 2023.
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 2, 2024.
[[Page 35802]]
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 12, 2023, in response to review requests from multiple
parties, Commerce published the notice of initiation of an
administrative review of the antidumping duty order on certain aluminum
foil from the People's Republic of China (China),\1\ covering 45
companies.\2\ Between July 31 and September 11, 2023, all requests for
review were timely withdrawn for certain companies.\3\ On December 8,
2023, we extended the deadline for these preliminary results of review
until April 26, 2024.\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, 88 FR 38021 (June 12, 2023); see also
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 88 FR 51271 (August 3, 2023) which includes a previously
omitted company, ``Manakin Industries, LLC,'' as a respondent in
this administrative review.
\3\ See Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd.'s Letter,
``Request to Withdraw from Administrative Review,'' dated July 31,
2023; see also Glenroy Inc's Letter, ``Request to Withdraw from
Administrative Review,'' dated July 31, 2023; Tekni-Plex, Inc. and
Tri-Seal Opco, LLC (Tekni-Plex's) Letter, ``Partial Withdrawal of
Administrative Review Request,'' dated August 16, 2023; Paxxus,
Inc.'s Letter, ``Partial Withdrawal of Administrative Review
Request,'' dated August 21, 2023; Sankyu-Thai Co., Ltd.'s Letter,
``Withdrawal of Request for Administrative Review,'' dated September
11, 2023; and Fres-co System USA, Inc.'s Letter, ``Partial
Withdrawal of Administrative Review Request,'' dated September 11,
2023.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated December
8, 2023.
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For a summary of the events that occurred since the initiation of
this review and the analysis for these preliminary results, see the
Preliminary Decision Memorandum.\5\ 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
https://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. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on 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 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) (Foil
from China Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM) (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) (Foil from China Final Determination).
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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.
As noted above, the following companies timely withdrew their review
requests and no other party requested an administrative review of these
companies: Galex Inc.; Lotte Aluminium Co., Ltd.; Sama Aluminium Co
Ltd.; Korea Aluminium Co., LTD.; Kataman Metals; Prosvic Sales Inc.;
Sankyu-Thai Co., Ltd.; and Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd.
Therefore, we are rescinding this review with respect to these eight
companies, in accordance with 19 CFR 351.213(d)(1).
Preliminary Determination of No Shipments
Based on the no-shipment certifications, our analysis of the
results of the CBP data queries, and the fact that CBP identified no
information that contradicted certain no-shipment claims, we
preliminarily determine that Anhui Zhongji Battery Foil Science &
Technology Co., Ltd. (Anhui Zhongji), Anhui Maximum Aluminum Industries
Company Ltd. (Anhui Maximum), Manakin Industries, LLC (Manakin), and
Xiamen Xiashun Aluminium Foil Co., Ltd. (Xiashun) 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 Anhui Zhongji, Anhui
Maximum, Manakin, and Xiashun, but we will continue the review of these
companies and issue instructions to CBP based on the final results of
the review.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME
Practice); see also Appendix II.
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Preliminary Affiliation and Single Entity Determination
Consistent with Commerce's treatment of Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Limited; Hangzhou Dingsheng Import
& 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,\8\ 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). Consistent with Commerce's treatment of Jiangsu Zhongji Lamination
Materials Co., Ltd., Jiangsu Zhongji Lamination Materials Stock Co.,
Ltd., Jiangsu Huafeng Aluminium Industry Co., Ltd., and Jiangsu Zhongji
Lamination Materials Co., (HK) Limited, (collectively, Zhongji) in a
prior segment of this proceeding,\9\ we have continued to find
[[Page 35803]]
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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\8\ See Foil from China Preliminary Determination PDM at 16-18,
unchanged in Foil from China Final Determination. 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
notice.
\9\ In the less-than-fair-value investigation, we collapsed the
following companies as a single entity: 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. See Foil from China
Preliminary Determination PDM at 16-18, unchanged in Foil from China
Final Determination. We find that record evidence in this
administrative review supports continuing to treat these companies
as a single entity. See Memorandum, ``Zhongji Analysis for the
Preliminary Results,'' dated concurrently with this notice.
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Separate Rates
Commerce preliminarily determines that Dingsheng and Zhongji, the
two companies individually examined in this review, demonstrated their
eligibility for a separate rate.\10\ We also preliminarily determine
that Dong-IL Aluminium Co., Ltd. (Dong-IL), Dongwon Systems Corp.
(Dongwon), Eastern Valley Co., Ltd. (Eastern Valley), Granges Aluminum
(Shanghai) Co., Ltd. (Granges Aluminum), Shanghai Shenyan Packaging
Materials Co., Ltd. (Shanghai Shenyan), and Suzhou Manakin Aluminum
Processing Technology Co., Ltd. (Suzhou Manakin Aluminum), Suzhou
Manakin Trading Co., Ltd. (Suzhou Manakin Trading), companies not
individually examined in this review, demonstrated their eligibility
for a separate rate.\11\
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\10\ See Preliminary Decision Memorandum at the ``Separate Rate
Determinations'' section for more details.
\11\ On July 31, 2023, U.S. importer, Glenroy Inc withdrew its
request for review of Galex Inc., Lotte Aluminium Co., Ltd., and
Sama Aluminium Co Ltd.
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The Act and Commerce's regulations do not address the establishment
of a separate rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in an
investigation, for guidance when calculating the rate for separate-rate
respondents which Commerce did not examine individually in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins calculated for individually examined respondents,
excluding dumping margins that are zero, de minimis, or based entirely
on facts available.
For the preliminary results of this review, Commerce determined
estimated dumping margins for Dingsheng and Zhongji to be 59.52, and
75.53 percent, respectively. For the reasons explained in the
Preliminary Decision Memorandum, we are assigning the 67.53 percent
rate to the seven non-examined respondents, Dong-IL, Dongwon, Eastern
Valley, Granges Shanghai, Shanghai Shenyan, Suzhou Manakin Aluminum,
and Suzhou Manakin Trading which qualify for a separate rate in this
review, consistent with Commerce's practice and section 735(c)(5)(A) of
the Act.\12\
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\12\ See Appendix II.
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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.\13\ 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 (i.e., 105.80 percent) \14\ is not subject to change.
See the Preliminary Decision Memorandum for further discussion.
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\13\ 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).
\14\ See Order.
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Aside from the companies for which we preliminarily find no
shipments and the company for which the review is being rescinded,
Commerce considers the 16 companies for which a review was requested
and did not demonstrate separate rate eligibility to be part of the
China-wide entity. Consequently, we have assigned these 16 companies to
the China-wide entity and they will be subject to the China-wide entity
rate.\15\ For a listing of these companies, see Appendix II of this
notice.
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\15\ See Initiation Notice (``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.'');
see also Appendix II for the list of companies that are subject to
this administrative review that are considered to be part of the
China-wide entity.
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period April 1, 2022,
through March 31, 2023:
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Weighted-
average
Exporter dumping margin
(percent)
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Dingsheng Aluminium Industries (Hong Kong) Trading Co., 59.52
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...............................
Jiangsu Zhongji Lamination Materials Co., (HK) Limited/ 75.53
Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
Jiangsu Huafeng Aluminium Industry Co., Ltd./Jiangsu
Zhongji Lamination Materials Co., Ltd..................
Dong-IL Aluminium Co., Ltd.............................. 67.53
Dongwon Systems Corp.................................... 67.53
Eastern Valley Co., Ltd................................. 67.53
Granges Aluminum (Shanghai) Co., Ltd.................... 67.53
Shanghai Shenyan Packaging Materials Co., Ltd........... 67.53
Suzhou Manakin Aluminum Processing Technology Co., Ltd.. 67.53
Suzhou Manakin Trading Co., Ltd......................... 67.53
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
[[Page 35804]]
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice.\16\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed not later than five days after the date for
filing case briefs.\17\ Interested parties who submit case briefs or
rebuttal briefs in this proceeding must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\18\
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\16\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general
filing requirements).
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\18\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\19\ Further,
we request that interested parties limit their public, executive
summary of each issue to no more than 450 words, not including
citations. We intend to use the public, executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final results in this administrative
review. We request that interested parties include footnotes for
relevant citations in the public, executive summary of each issue. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\20\
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\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Procedures.
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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, filed electronically via
ACCESS. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice.
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 CBP shall assess, antidumping duties on all appropriate
entries covered by this review.\21\ 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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\21\ 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.\22\ 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.\23\ 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.\24\ 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.\25\
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\22\ See 19 CFR 351.212(b)(1).
\23\ Id.
\24\ Id.
\25\ 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.\26\ 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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\26\ See NME Practice, 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.
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
[[Page 35805]]
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); \27\ 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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\27\ 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 26, 2024.
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 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
Appendix II
Non-Selected Separate Rate Companies
1. Dong-IL Aluminium Co., Ltd.
2. Dongwon Systems Corp.
3. Eastern Valley Co., Ltd.
4. Granges Aluminum (Shanghai) Co., Ltd.
5. Shanghai Shenyan Packaging Materials Co., Ltd.
6. Suzhou Manakin Aluminum Processing Technology Co., Ltd.
7. Suzhou Manakin Trading Co., Ltd.
No Shipments
1. Anhui Maximum Aluminum Industries Company Ltd.
2. Anhui Zhongji Battery Foil Science & Technology Co., Ltd.
3. Manakin Industries, LLC
4. Xiamen Xiashun Aluminium Foil Co., Ltd.
Companies Determined To Be Part of the China-Wide Entity
1. Alcha International Holdings Limited
2. Aluminum Corporation of China Limited
3. Dingheng New Materials Co., Ltd.
4. Henan Mingtai Al. Industrial
5. Hunan Suntown Marketing Limited
6. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.
7. SAM-A Aluminum Co., Ltd.
8. Shandong Nanshan Aluminum Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd
11. Shanghai Sunho Aluminum Foil Co., Ltd.
12. SK Global America Inc.
13. Suntown Technology Group Corporation Limited (Suntown Technology
Group Co., Ltd.)
14. Walson (HK) Trading Co., Limited
15. Yinbang Clad Materials Co., Ltd.
16. Zhejiang Yongjie Aluminum Co., Ltd.
[FR Doc. 2024-09589 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P