Certain Aluminum Foil From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 37844-37846 [2017-17113]
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
a request made by the petitioner.10
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determinations for Australia, Brazil, and
Norway, which are currently scheduled
to be issued no later than December 18,
2017, unless postponed.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
The Department calculated an
individual estimated countervailable
subsidy rate for Simcoa Operations Pty.
Ltd. (Simcoa), the only individually
examined producer/exporter in this
investigation. Because the only
individually calculated rate is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average rate calculated for
Simcoa is the rate assigned to all-other
producers and exporters, pursuant to
section 705(c)(5)(A)(i) of the Act.
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above.
Disclosure
The Department intends to disclose to
interested parties its calculations and
analysis performed in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the publication date of this notice in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
sradovich on DSK3GMQ082PROD with NOTICES
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance at a date to be determined.
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.12 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
Preliminary Determination
table of authorities.
Pursuant to 19 CFR 351.310(c),
The Department preliminarily
determines that the following estimated interested parties who wish to request a
hearing, limited to issues raised in the
countervailable subsidy rates exist:
case and rebuttal briefs, must submit a
Subsidy
written request to the Assistant
Company
rate
Secretary for Enforcement and
(percent)
Compliance, U.S. Department of
Simcoa Operations Pty Ltd 11 .....
16.23 Commerce within 30 days after the date
All-Others ....................................
16.23 of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
Suspension of Liquidation
number of participants, whether any
In accordance with section
participant is a foreign national, and a
703(d)(1)(B) and (d)(2) of the Act, the
list of the issues to be discussed. If a
Department will direct U.S. Customs
request for a hearing is made, the
and Border Protection (CBP) to suspend
Department intends to hold the hearing
liquidation of entries of subject
at the U.S. Department of Commerce,
merchandise as described in the scope
1401 Constitution Avenue NW.,
of the investigation section entered, or
Washington, DC 20230, at a time and
withdrawn from warehouse, for
date to be determined. Parties should
consumption on or after the date of
confirm by telephone the date, time, and
publication of this notice in the Federal
location of the hearing two days before
the scheduled date.
10
See Letter from the petitioner, ‘‘Silicon Metal
from Australia, Brazil, and Kazakhstan;
Countervailing Duty Investigations; Request for
Alignment of Final Determinations,’’ dated July 10,
2017.
11 As discussed in the Preliminary Decision
Memorandum, the Department has found the
following companies to be cross-owned with
Simcoa: Silicon Metal Company of Australia Pty
Ltd., Microsilica Pty Ltd., and Simcoa International
Pty Ltd.
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International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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its determination. If the final
determination is affirmative, the ITC
will make its final injury determination
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The scope of these investigation covers all
forms and sizes of silicon metal, including
silicon metal powder. Silicon metal contains
at least 85.00 percent but less than 99.99
percent silicon, and less than 4.00 percent
iron, by actual weight. Semiconductor grade
silicon (merchandise containing at least
99.99 percent silicon by actual weight and
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheading 2804.61.0000) is excluded from
the scope of these investigations.
Silicon metal is currently classifiable
under subheadings 2804.69.1000 and
2804.69.5000 of the HTSUS. While HTSUS
numbers are provided for convenience and
customs purposes, the written description of
the scope remains dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Alignment
V. Injury Test
VI. Subsidies Valuation
VII. Analysis of Programs
VIII. Conclusion
[FR Doc. 2017–17116 Filed 8–11–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–054]
Certain Aluminum Foil From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
AGENCY:
E:\FR\FM\14AUN1.SGM
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
producers and exporters of certain
aluminum foil (aluminum foil) from the
People’s Republic of China (PRC). The
period of investigation is January 1,
2016, through December 31, 2016.
DATES: August 14, 2017.
FOR FURTHER INFORMATION CONTACT: John
Corrigan at (202) 482–7438, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on March 30, 2017.1 On May 17, 2017,
the Department postponed the
preliminary determination of this
investigation and the revised deadline is
now August 7, 2017.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II 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 https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
sradovich on DSK3GMQ082PROD with NOTICES
The product covered by this
investigation is aluminum foil from the
PRC. For a complete description of the
1 See Certain Aluminum Foil from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 82 FR 15688 (March 30, 2017)
(Initiation Notice).
2 See Certain Aluminum Foil from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 82 FR 22646 (May 17, 2017).
3 See Decision Memorandum for the Preliminary
Affirmative Determination: Countervailing Duty
Investigation of Certain Aluminum Foil from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
VerDate Sep<11>2014
16:45 Aug 11, 2017
Jkt 241001
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice as well as
additional language proposed by the
Department. The Department intends to
issue its preliminary decision regarding
comments concerning the scope of the
antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
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
The Department notes that, in making
these findings, it relied, in part, on facts
available and, because it finds that one
or more respondents did not act to the
best of their ability to respond to the
Department’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.7 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act. In
this investigation, the Department
preliminarily assigned rates based
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
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.
7 See sections 776(a) and (b) of the Act.
PO 00000
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Fmt 4703
Sfmt 4703
37845
entirely on facts available to Loften
Aluminum (Hong Kong) Limited (Loften
HK), as well as Manakin Industries, LLC
(Manakin Industries). Therefore, the
only rates that are not zero, de minimis,
or based entirely on facts otherwise
available, are the rates calculated for
Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd. (Dingsheng HK)
and Jiangsu Zhongji Lamination
Materials Co., Ltd. (Zhongji).
Consequently, a simple average of the
rates calculated for Dingsehng HK and
Zhongji is also assigned as the rate for
all-other producers and exporters.
Preliminary Determination
The Department preliminarily
determines that the following estimated
countervailable subsidy rates exist:
Company
Dingsheng Aluminum Industries
(Hong Kong) Trading Co.,
Ltd 8 .........................................
Jiangsu Zhongji Lamination Materials Co., Ltd 9 ......................
Loften Aluminum (Hong Kong)
Limited .....................................
Manakin Industries, LLC 10 .........
All-Others ....................................
Subsidy
rate
(percent)
28.33
16.56
80.97
80.97
22.45
Suspension of Liquidation
In accordance with section
703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise as described in the scope
of the investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
8 As discussed in the Preliminary Decision
Memorandum, the Department has found the
following companies to be cross-owned with
Dingsheng HK: 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.
9 As discussed in the Preliminary Decision
Memorandum, the Department has found the
following companies to be cross-owned with
Zhongji: Shantou Wanshun Package Material Stock
Co., Ltd.; Jiangsu Huafeng Aluminum Industry Co.,
Ltd.; and Jiangsu Zhongji Lamination Materials Co.,
(HK) Ltd.
10 As discussed in the Preliminary Decision
Memorandum, the Department preliminarily finds
that Manakin Industries and Suzhou Manakin
Aluminum Processing Technology Co., Ltd.,
effectively function by joint operation as a trading
company. Therefore, the rate for Manakin Industries
also applies to Suzhou Manakin Aluminum
Processing Technology Co., Ltd. For additional
information, see Preliminary Decision
Memorandum.
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Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
sradovich on DSK3GMQ082PROD with NOTICES
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.11
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, 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. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
11 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
VerDate Sep<11>2014
16:45 Aug 11, 2017
Jkt 241001
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of this preliminary
determination or 45 days after the final
determination.
VIII. Benchamrks and Interest Rates
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
[FR Doc. 2017–17113 Filed 8–11–17; 8:45 am]
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
International Trade Administration
Appendix I
AGENCY:
Scope of the Investigation
The merchandise covered by this
investigation is aluminum foil having a
thickness of 0.2 mm or less, in reels
exceeding 25 pounds, regardless of width.
Aluminum foil is made from an aluminum
alloy that contains more than 92 percent
aluminum. Aluminum foil may be made to
ASTM specification ASTM B479, but can
also be made to other specifications.
Regardless of specification, however, all
aluminum foil meeting the scope description
is included in the scope.
Excluded from the scope of this
investigation is aluminum foil that is backed
with paper, paperboard, plastics, or similar
backing materials on only one side of the
aluminum foil, as well as etched capacitor
foil and aluminum foil that is cut to shape.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above. The products under investigation are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7607.11.3000, 7607.11.6000,
7607.11.9030, 7607.11.9060, 7607.11.9090,
and 7607.19.6000. Further, merchandise that
falls within the scope of this proceeding may
also be entered into the United States under
HTSUS subheadings 7606.11.3060,
7606.11.6000, 7606.12.3045, 7606.12.3055,
7606.12.3090, 7606.12.6000, 7606.91.3090,
7606.91.6080, 7606.92.3090, and
7606.92.6080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports
From the PRC
VII. Subsidies Valuation
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Marcia E. Short, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, telephone: (202) 482–1560.
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2017, the Department of
Commerce (the Department) published
the June Initiation Notice 1 in which the
Department inadvertently initiated an
antidumping duty administrative review
of Polyester Staple Fiber from Taiwan
(A–583–833) covering the period May 1,
2016, through April 30, 2017. The
Department did not intend to initiate a
review with respect to this order.
Instead, the Department intended to
correct the May Initiation Notice 2 in
which the Department inadvertently
included TFM North America, Inc. in
the initiation notice with respect to the
antidumping duty administrative review
of Certain Stillbenic Optical Brightening
Agents (A–583–848) covering the period
May 1, 2016 through April 30, 2017.
The Department only intended to
initiate a review with respect to Teh
Fong Min International Co. Ltd. In
addition, in the June Initiation Notice
the Department misspelt Teh Fong Min
International Co. Ltd. as The Fong Min
International Co. Ltd.3 This notice
serves as a correction to the June
Initiation Notice.
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews; 82 FR
35749 (August 2, 2017) (June Initiation Notice).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews; 82 FR
31292 (June 6, 2016) (May Initiation Notice).
3 See June Initiation Notice, 82 FR at 35749.
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]]>Agencies
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37844-37846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17113]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
[[Page 37845]]
producers and exporters of certain aluminum foil (aluminum foil) from
the People's Republic of China (PRC). The period of investigation is
January 1, 2016, through December 31, 2016.
DATES: August 14, 2017.
FOR FURTHER INFORMATION CONTACT: John Corrigan at (202) 482-7438, AD/
CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on March 30,
2017.\1\ On May 17, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
August 7, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II 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 https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Initiation of Countervailing Duty Investigation, 82 FR 15688
(March 30, 2017) (Initiation Notice).
\2\ See Certain Aluminum Foil from the People's Republic of
China: Postponement of Preliminary Determination in the
Countervailing Duty Investigation, 82 FR 22646 (May 17, 2017).
\3\ See Decision Memorandum for the Preliminary Affirmative
Determination: Countervailing Duty Investigation of Certain Aluminum
Foil from the People's Republic of China,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum foil from the
PRC. For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice as well as additional language proposed by the
Department. The Department intends to issue its preliminary decision
regarding comments concerning the scope of the antidumping duty (AD)
and countervailing duty (CVD) investigations in the preliminary
determination of the companion AD investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
The Department notes that, in making these findings, it relied, in
part, on facts available and, because it finds that one or more
respondents did not act to the best of their ability to respond to the
Department's requests for information, it drew an adverse inference
where appropriate in selecting from among the facts otherwise
available.\7\ For further information, see ``Use of Facts Otherwise
Available and Adverse Inferences'' in the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\7\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act. In this investigation, the Department
preliminarily assigned rates based entirely on facts available to
Loften Aluminum (Hong Kong) Limited (Loften HK), as well as Manakin
Industries, LLC (Manakin Industries). Therefore, the only rates that
are not zero, de minimis, or based entirely on facts otherwise
available, are the rates calculated for Dingsheng Aluminum Industries
(Hong Kong) Trading Co., Ltd. (Dingsheng HK) and Jiangsu Zhongji
Lamination Materials Co., Ltd. (Zhongji). Consequently, a simple
average of the rates calculated for Dingsehng HK and Zhongji is also
assigned as the rate for all-other producers and exporters.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd 28.33
\8\........................................................
Jiangsu Zhongji Lamination Materials Co., Ltd \9\........... 16.56
Loften Aluminum (Hong Kong) Limited......................... 80.97
Manakin Industries, LLC \10\................................ 80.97
All-Others.................................................. 22.45
------------------------------------------------------------------------
Suspension of Liquidation
---------------------------------------------------------------------------
\8\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Dingsheng HK: 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.
\9\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Zhongji: Shantou Wanshun Package Material Stock Co., Ltd.; Jiangsu
Huafeng Aluminum Industry Co., Ltd.; and Jiangsu Zhongji Lamination
Materials Co., (HK) Ltd.
\10\ As discussed in the Preliminary Decision Memorandum, the
Department preliminarily finds that Manakin Industries and Suzhou
Manakin Aluminum Processing Technology Co., Ltd., effectively
function by joint operation as a trading company. Therefore, the
rate for Manakin Industries also applies to Suzhou Manakin Aluminum
Processing Technology Co., Ltd. For additional information, see
Preliminary Decision Memorandum.
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In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal
[[Page 37846]]
Register. Further, pursuant to 19 CFR 351.205(d), the Department will
instruct CBP to require a cash deposit equal to the rates indicated
above.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.
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\11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, 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. Requests should contain
the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the final determination is affirmative, the ITC will determine
before the later of 120 days after the date of this preliminary
determination or 45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is aluminum foil
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds,
regardless of width. Aluminum foil is made from an aluminum alloy
that contains more than 92 percent aluminum. Aluminum foil may be
made to ASTM specification ASTM B479, but can also be made to other
specifications. Regardless of specification, however, all aluminum
foil meeting the scope description is included in the scope.
Excluded from the scope of this investigation is aluminum foil
that is backed with paper, paperboard, plastics, or similar backing
materials on only one side of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut to shape.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above. The products under investigation are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030,
7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise
that falls within the scope of this proceeding may also be entered
into the United States under HTSUS subheadings 7606.11.3060,
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090,
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and
7606.92.6080. Although the HTSUS subheadings are provided for
convenience and customs purposes, the written description of the
scope of this proceeding is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From the PRC
VII. Subsidies Valuation
VIII. Benchamrks and Interest Rates
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[FR Doc. 2017-17113 Filed 8-11-17; 8:45 am]
BILLING CODE 3510-DS-P
