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, 50858-50861 [2017-23866]

Download as PDF 50858 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices Estimated average number of hours per response Respondent type Estimated number respondent Responses annually per respondent Total annual responses (col. bxc) Subtotal for State, Local, or Tribal Government. ....................................................................... .................... .................... 200,000 .................... 25,300 Total Reporting Burden ................... ....................................................................... 122,664 .................... 245,328 .................... 32,847.11 Affected public Dated: October 23, 2017. Brandon Lipps, Administrator, Food and Nutrition Service. [FR Doc. 2017–23879 Filed 11–1–17; 8:45 am] BILLING CODE 3410–30–P DEPARTMENT OF COMMERCE asabaliauskas on DSKBBXCHB2PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce (DOC) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Agency: Economic Development Administration (EDA or Agency). Title: Revolving Loan Fund Reporting and Compliance Requirements. OMB Control Number: 0610–0095. Form Number(s): ED–209 and ED– 209I. Type of Review: Regular submission (extension of a currently approved information collection). Number of Respondents: 1,328. Average Hours per Response: ED–209, 3 hours; ED–209I, 1 hour. Burden Hours: 3,796 hours. Needs and Uses: The EDA Revolving Loan Fund (RLF) Program, authorized under section 209 of the Public Works and Economic Development Act of 1965, as amended (42 U.S.C. 3149), has been part of EDA investment programs since the establishment of the RLF Program in 1975. The purpose of the RLF Program is to provide regions with a flexible and continuing source of capital, to be used with other economic development tools, for creating and retaining jobs and inducing private investment that will contribute to longterm economic stability and growth. EDA provides RLF grants to eligible recipients, which include State and local governments, Indian tribes, and non-profit organizations, to operate a lending program that offers loans with flexible repayment terms, primarily to small businesses in distressed communities that are unable to obtain traditional bank financing. These loans enable small businesses to expand and VerDate Sep<11>2014 22:28 Nov 01, 2017 Jkt 244001 lead to new employment opportunities that pay competitive wages and benefits. A unique feature of the RLF Program is that, by law, EDA must exercise fiduciary responsibility over its RLF portfolio in perpetuity. EDA RLF regulations therefore require RLF recipients to submit Form ED–209, Revolving Loan Fund Financial Report, every six months for each RLF they operate (13 CFR 307.14(a)). In addition, RLF recipients must submit Form ED– 209I, RLF Income and Expense Statement, every six months if either of the following conditions apply to their RLF: Administrative expenses for the reporting period exceeded $100,000, or RLF administrative expenses for the reporting period exceeded 50 percent of RLF income earned during the reporting period (13 CFR 307.14(c)). EDA requires that both of these reports be completed using an authorized and EDA-provided fillable PDF (Portable Document Format) Form. Affected Public: EDA RLF recipients: State, local and tribal governments; community organizations; not-for-profit organizations. Frequency: ED–209, Semiannual; ED– 209I, on occasion, as explained above. Respondent’s Obligation: Mandatory. This information collection request may be viewed at reginfo.gov. Follow the instructions to view DOC collections currently under review by OMB. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or faxed to (202) 395–5806. Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer. [FR Doc. 2017–23818 Filed 11–1–17; 8:45 am] BILLING CODE 3510–24–P PO 00000 Estimated total hours (col. dxe) DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–38–2017] Foreign-Trade Zone (FTZ) 68—El Paso, Texas; Authorization of Production Activity; PGTEX USA, Inc.; (Fiber Glass Fabrics); El Paso, Texas On May 19, 2017, PGTEX USA, Inc. (PGTEX) submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 68— Site 3, in El Paso, Texas. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (82 FR 27797–27798, June 19, 2017). On September 18, 2017, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14, and further subject to a restriction requiring that foreign-status glass fiber rovings be admitted to the subzone in privileged foreign status (19 CFR 146.41). Dated: October 30, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–23870 Filed 11–1–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–053] 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 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain aluminum foil AGENCY: Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1 50859 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices (aluminum foil) from the People’s Republic of China (PRC) is being, or is likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is July 1, 2016, through December 31, 2016. The estimated weighted-average dumping margins are shown in the ‘‘Preliminary Determination’’ section of this notice. We invite interested parties to comment on this preliminary determination. DATES: Applicable November 2, 2017. FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or 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) 482–2057 and (202) 482–4475, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this LTFV investigation on March 30, 2017.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum that is dated concurrently with this determination and is hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and 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 found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic version of Preliminary Decision Memorandum are identical in content. 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 II. Scope Comments In accordance with the preamble to the Department’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ‘‘scope’’).4 We received comments from three interested parties on April 18, 2017,5 as well as rebuttal scope comments filed by The Aluminum Association Trade Enforcement Working Group (the petitioner) on April 28, 2017.6 We received no other comments on scope since publication of the Initiation Notice. The Department has decided preliminarily to not modify the scope language as it appeared in the Initiation Notice.7 Methodology The Department is conducting this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). We calculated export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, we calculated normal value (NV) in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.8 Policy Bulletin 05.1 describes this practice.9 Preliminary Determination The preliminary weighted-average antidumping margins are as follows: Weightedaverage margin (percent) Cash deposit adjusted for subsidy offset (percent) Exporter Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./Inner Mongolia Liansheng New Energy Material JointStock Co., Ltd./Hangzhou Five Star Aluminum Co., Ltd./Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd./Walson (HK) Trading Co., Limited/ Hangzhou Dingsheng Import & Export Co., Ltd.10 Jiangsu Zhongji Lamination Materials Stock Co., Ltd./ Jiangsu Huafeng Aluminium Industry Co., Ltd.11 Jiangsu Alcha Aluminum Co., Ltd ................................ Baotou Alcha Aluminum Co., Ltd ................................. Jiangyin Dolphin Pack Ltd. Co ..................................... Granges Aluminum (Shanghai) Co., Ltd ...................... asabaliauskas on DSKBBXCHB2PROD with NOTICES Producer Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./Inner Mongolia Liansheng New Energy Material JointStock Co., Ltd./Hangzhou Five Star Aluminum Co., Ltd./Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd./Walson (HK) Trading Co., Limited/ Hangzhou Dingsheng Import & Export Co., Ltd. Jiangsu Zhongji Lamination Materials Co., (HK) Ltd ... 162.24 149.64 96.81 86.27 Alcha International Holdings Limited ............................ Alcha International Holdings Limited ............................ Jiangyin Dolphin Pack Ltd. Co ..................................... Granges Aluminum (Shanghai) Co., Ltd ...................... 138.16 138.16 138.16 138.16 126.59 126.59 126.59 126.59 1 See Certain Aluminum Foil from the People’s Republic of China: Initiation of Less-Than-FairValue Investigation, 82 FR 15691 (March 30, 2017) (Initiation Notice). 2 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of China,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 4 See Initiation Notice, 82 FR at 15692. 5 See Letter from MAHLE Behr Troy Inc., ‘‘Comments on Scope of the Investigation: Certain Aluminum Foil from the People’s Republic of VerDate Sep<11>2014 22:28 Nov 01, 2017 Jkt 244001 China,’’ dated April 18, 2017; see also Letter from Valeo North America, Inc., ‘‘Aluminum Foil from the People’s Republic of China: Request for Confirmation of Scope Exclusion for Automotive Fin Stock,’’ dated April 18, 2017, and Letter from Jiangsu Zhongji Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination Materials Co., Ltd., and Jiangsu Zhongji Lamination Materials Stock Co., Ltd., ‘‘Certain Aluminum Foil from the People’s Republic of China: Request that Aluminum Foil of a Thickness Below .0003’’ Be Excluded from the Scope or Treated as a Separate Class or Kind of Merchandise,’’ dated April 18, 2017. 6 See Letter from the Petitioner, ‘‘Certain Foil from the People’s Republic of China Petitioners’ Scope Rebuttal Comments,’’ dated April 28, 2017. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 7 See Memorandum to James Maeder, ‘‘Certain Aluminum Foil from the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated October 26, 2017. 8 See Initiation Notice, 82 FR at 15695. 9 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. E:\FR\FM\02NON1.SGM 02NON1 50860 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices Weightedaverage margin (percent) Cash deposit adjusted for subsidy offset (percent) Producer Exporter Huafon Nikkei Aluminium Corporation ......................... Suntown Technology Group Limited ............................ Luoyang Longding Aluminium Industries Co., Ltd ....... Shandong Yuanrui Metal Material Co., Ltd .................. Suntown Technology Group Limited ............................ North China Aluminum Co., Ltd., Hunan Suntown Marketing Limited, and Guangxi Baise Xinghe Aluminum Industry Co., Ltd. Xiamen Xiashun Aluminium Foil Co. Ltd ..................... Yantai Donghai Aluminum Foil Co., Ltd ....................... Yinbang Clad Material Co., Ltd .................................... Zhejiang Zhongjin Aluminum Industry Co., Ltd ............ PRC–Wide Entity .......................................................... Huafon Nikkei Aluminium Corporation ......................... Hunan Suntown Marketing Limited .............................. Luoyang Longding Aluminium Industries Co., Ltd ....... Shandong Yuanrui Metal Material Co., Ltd .................. SNTO International Trade Limited ............................... Suzhou Manakin Aluminum Processing Technology Co., Ltd. 138.16 138.16 138.16 138.16 138.16 138.16 126.59 126.59 126.59 126.59 126.59 126.59 Xiamen Xiashun Aluminium Foil Co. Ltd ..................... Yantai Jintai International Trade Co., Ltd .................... Yinbang Clad Material Co., Ltd .................................... Zhejiang Zhongjin Aluminum Industry Co., Ltd ............ ....................................................................................... 138.16 138.16 138.16 138.16 162.24 126.59 126.59 126.59 126.59 151.70 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of aluminum foil from the PRC 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 Register. The suspension of liquidation will remain in effect until further notice. asabaliauskas on DSKBBXCHB2PROD with NOTICES Disclosure and Public Comment We will disclose to interested parties the calculations performed in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments on the preliminary determination described above 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 proceeding.12 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each 10 The Department preliminarily determines that Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd., Hangzhou Teemful Aluminium Co., Ltd., Hangzhou Five Star Aluminium Co., Ltd., Inner Mongolia Liansheng New Energy Material JointStock Co., Ltd., Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd., Walson (HK) Trading Co., Limited, and Hangzhou Dingsheng Import & Export Co., Ltd. are a single entity (collectively, Dingsheng). See Preliminary Decision Memorandum. 11 The Department preliminarily determines that Jiangsu Zhongji Lamination Materials Stock Co., Ltd. and Jiangsu Huafeng Aluminium Industry Co., Ltd. are a single entity (collectively, Zhongji). See Preliminary Decision Memorandum. 12 See 19 CFR 351.309 (b)(2)(c)(i). 13 See 19 CFR 351.309, see also 19 CFR 351.303 (for general filing requirements). VerDate Sep<11>2014 22:28 Nov 01, 2017 Jkt 244001 argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.14 This summary should be limited to five pages total, including footnotes. Interested parties who wish to request a hearing must do so in writing within 30 days after the publication of this preliminary determination in the Federal Register.15 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 date, time, and location to be determined. Parties will be notified of the date, time, and location of any hearing. Parties must file their case and rebuttal briefs, and any requests for a hearing, electronically using ACCESS.16 Electronically filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due dates established above.17 Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the 14 See 19 CFR 351.309(c)(2) and (d)(2). 19 CFR 351.310(c). 16 See 19 CFR 351.303(b)(2)(i). 17 See 19 CFR 351.303(b)(1). 15 See PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Department’s regulations requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. Respondents Dingsheng and Zhongji requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination, i.e., issue its final determination no later than 135 days after the publication of the preliminary determination in the Federal Register, and that the Department extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.18 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) Our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than February 22, 2018, and are extending the provisional measures from a fourmonth period to a period not greater than six months.19 International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the International 18 See Letter from Dingsheng, ‘‘Dingsheng’s Request to Extend the Final Determination in the Antidumping Duty Investigation of Aluminum Foil from the People’s Republic of China, A–570–053,’’ dated September 6, 2017; see also Letter from Zhongji, ‘‘Certain Aluminum Foil from the People’s Republic of China: Request to Postpone Final Determination,’’ dated September 6, 2017. 19 See 19 CFR 351.210(b)(2) and (e). E:\FR\FM\02NON1.SGM 02NON1 Federal Register / Vol. 82, No. 211 / Thursday, November 2, 2017 / Notices Trade Commission (ITC) of our preliminary determination of sales at LTFV. If our 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 our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. Determination of Non-Market Economy Status As part of this investigation, the Department initiated an inquiry into whether the PRC should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. The Department provided an opportunity for the public to comment and submit information with respect to the PRC on the six factors enumerated by section 771(18)(B) of the Act, which the Department must take into account in making a market/nonmarket economy determination. The Department has completed its inquiry and concludes that the PRC is a NME country because it does not operate sufficiently on market principles to permit the use of prices and costs in that country for purposes of the Department’s antidumping analysis.20 Having already solicited and considered comments from the public, the Department will not revisit its analysis or consider further comments from interested parties on its conclusion that the PRC is a NME country in the final determination. This determination is issued and published in accordance with sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c). Dated: October 26, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSKBBXCHB2PROD with NOTICES Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Postponement of Final Determination and Extension of Provisional Measures VII. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Values C. Separate Rates D. Combination Rates E. Collapsing and Affiliation F. The PRC-Wide Entity G. Application of Facts Available and Adverse Inferences H. Date of Sale I. Comparisons to Fair Value J. Normal Value K. Factor Valuation Methodology L. Determination of the Comparison Method VII. Currency Conversion VIII. Adjustment under Section 777A(F) of the Act IX. Adjustment for Countervailable Subsidies X. Disclosure and Public Comment XI. Verification XII. Conclusion Appendix II 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 760.19.6000. 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. [FR Doc. 2017–23866 Filed 11–1–17; 8:45 am] BILLING CODE 3510–DS–P 20 See Memorandum to Gary Taverman, ‘‘China’s Status as a Non-Market Economy,’’ dated October 26, 2017. VerDate Sep<11>2014 22:28 Nov 01, 2017 Jkt 244001 PO 00000 50861 DEPARTMENT OF COMMERCE National Institute of Standards and Technology Proposed Information Collection; Comment Request; Organization of Scientific Area Committees for Forensic Science (OSAC) Membership Application National Institute of Standards and Technology (NIST), Commerce. ACTION: Notice. Agency Information Collection Activities, Proposals, Submissions and Approvals. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before January 2, 2018. ADDRESSES: Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at PRAcomments@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to John Paul Jones II, Program Manager, Office of Special Programs, NIST, 100 Bureau Drive, Mailstop 8102, Gaithersburg, MD 20899; 301–975–2782; john.jones@nist.gov SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract NIST established the Organization of Scientific Area Committees for Forensic Science (OSAC) to enable a coordinated U.S. approach to standards for the forensic science disciplines. NIST seeks broad participation from forensic science practitioners, researchers, metrologists, statisticians, accreditation bodes, defense, and prosecution. NIST solicits self-nominations from these communities, using the OSAC Membership Application, to identify individuals interested and qualified to contribute. II. Method of Collection The OSAC Membership Application may be completed and submitted only via web-based application. III. Data OMB Control Number: 0693–0070. Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\02NON1.SGM 02NON1

Agencies

[Federal Register Volume 82, Number 211 (Thursday, November 2, 2017)]
[Notices]
[Pages 50858-50861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


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

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain aluminum foil

[[Page 50859]]

(aluminum foil) from the People's Republic of China (PRC) is being, or 
is likely to be, sold in the United States at less-than-fair value 
(LTFV). The period of investigation is July 1, 2016, through December 
31, 2016. The estimated weighted-average dumping margins are shown in 
the ``Preliminary Determination'' section of this notice. We invite 
interested parties to comment on this preliminary determination.

DATES: Applicable November 2, 2017.

FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or 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) 482-2057 and (202) 
482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this LTFV 
investigation on March 30, 2017.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum that is dated concurrently with this 
determination and is hereby adopted by this notice.\2\ A list of topics 
included in the Preliminary Decision Memorandum is included as Appendix 
I to this notice. The Preliminary Decision Memorandum is a public 
document and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and 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 found at 
http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and electronic version of Preliminary Decision Memorandum 
are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 82 FR 15691 
(March 30, 2017) (Initiation Notice).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Certain 
Aluminum Foil from the People's Republic of China,'' dated 
concurrently with 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 II.

Scope Comments

    In accordance with the preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., ``scope'').\4\ We received 
comments from three interested parties on April 18, 2017,\5\ as well as 
rebuttal scope comments filed by The Aluminum Association Trade 
Enforcement Working Group (the petitioner) on April 28, 2017.\6\ We 
received no other comments on scope since publication of the Initiation 
Notice. The Department has decided preliminarily to not modify the 
scope language as it appeared in the Initiation Notice.\7\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
    \4\ See Initiation Notice, 82 FR at 15692.
    \5\ See Letter from MAHLE Behr Troy Inc., ``Comments on Scope of 
the Investigation: Certain Aluminum Foil from the People's Republic 
of China,'' dated April 18, 2017; see also Letter from Valeo North 
America, Inc., ``Aluminum Foil from the People's Republic of China: 
Request for Confirmation of Scope Exclusion for Automotive Fin 
Stock,'' dated April 18, 2017, and Letter from Jiangsu Zhongji 
Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination 
Materials Co., Ltd., and Jiangsu Zhongji Lamination Materials Stock 
Co., Ltd., ``Certain Aluminum Foil from the People's Republic of 
China: Request that Aluminum Foil of a Thickness Below .0003'' Be 
Excluded from the Scope or Treated as a Separate Class or Kind of 
Merchandise,'' dated April 18, 2017.
    \6\ See Letter from the Petitioner, ``Certain Foil from the 
People's Republic of China Petitioners' Scope Rebuttal Comments,'' 
dated April 28, 2017.
    \7\ See Memorandum to James Maeder, ``Certain Aluminum Foil from 
the People's Republic of China: Scope Comments Decision Memorandum 
for the Preliminary Determinations,'' dated October 26, 2017.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (the Act). We 
calculated export prices in accordance with section 772 of the Act. 
Because the PRC is a non-market economy within the meaning of section 
771(18) of the Act, we calculated normal value (NV) in accordance with 
section 773(c) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\8\ Policy Bulletin 05.1 describes 
this practice.\9\
---------------------------------------------------------------------------

    \8\ See Initiation Notice, 82 FR at 15695.
    \9\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Preliminary Determination

    The preliminary weighted-average antidumping margins are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-     Cash deposit
                                                                                      average      adjusted for
                   Producer                                 Exporter                  margin      subsidy offset
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Dingsheng New Materials Joint-Stock     Jiangsu Dingsheng New Materials           162.24          149.64
 Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./  Joint-Stock Co., Ltd./Hangzhou
 Inner Mongolia Liansheng New Energy Material    Teemful Aluminum Co., Ltd./
 Joint-Stock Co., Ltd./Hangzhou Five Star        Inner Mongolia Liansheng New
 Aluminum Co., Ltd./Dingsheng Aluminum           Energy Material Joint-Stock
 Industries (Hong Kong) Trading Co. Ltd./        Co., Ltd./Hangzhou Five Star
 Walson (HK) Trading Co., Limited/Hangzhou       Aluminum Co., Ltd./Dingsheng
 Dingsheng Import & Export Co., Ltd.\10\         Aluminum Industries (Hong Kong)
                                                 Trading Co. Ltd./Walson (HK)
                                                 Trading Co., Limited/Hangzhou
                                                 Dingsheng Import & Export Co.,
                                                 Ltd.
Jiangsu Zhongji Lamination Materials Stock      Jiangsu Zhongji Lamination                 96.81           86.27
 Co., Ltd./Jiangsu Huafeng Aluminium Industry    Materials Co., (HK) Ltd.
 Co., Ltd.\11\
Jiangsu Alcha Aluminum Co., Ltd...............  Alcha International Holdings              138.16          126.59
                                                 Limited.
Baotou Alcha Aluminum Co., Ltd................  Alcha International Holdings              138.16          126.59
                                                 Limited.
Jiangyin Dolphin Pack Ltd. Co.................  Jiangyin Dolphin Pack Ltd. Co...          138.16          126.59
Granges Aluminum (Shanghai) Co., Ltd..........  Granges Aluminum (Shanghai) Co.,          138.16          126.59
                                                 Ltd.

[[Page 50860]]

 
Huafon Nikkei Aluminium Corporation...........  Huafon Nikkei Aluminium                   138.16          126.59
                                                 Corporation.
Suntown Technology Group Limited..............  Hunan Suntown Marketing Limited.          138.16          126.59
Luoyang Longding Aluminium Industries Co., Ltd  Luoyang Longding Aluminium                138.16          126.59
                                                 Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd......  Shandong Yuanrui Metal Material           138.16          126.59
                                                 Co., Ltd.
Suntown Technology Group Limited..............  SNTO International Trade Limited          138.16          126.59
North China Aluminum Co., Ltd., Hunan Suntown   Suzhou Manakin Aluminum                   138.16          126.59
 Marketing Limited, and Guangxi Baise Xinghe     Processing Technology Co., Ltd.
 Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd.........  Xiamen Xiashun Aluminium Foil             138.16          126.59
                                                 Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd.........  Yantai Jintai International               138.16          126.59
                                                 Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................  Yinbang Clad Material Co., Ltd..          138.16          126.59
Zhejiang Zhongjin Aluminum Industry Co., Ltd..  Zhejiang Zhongjin Aluminum                138.16          126.59
                                                 Industry Co., Ltd.
PRC-Wide Entity...............................  ................................          162.24          151.70
----------------------------------------------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of aluminum foil from the PRC 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 Register. The suspension of liquidation will remain in effect 
until further notice.
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    \10\ The Department preliminarily determines that Jiangsu 
Dingsheng New Materials Joint-Stock Co., Ltd., Hangzhou Teemful 
Aluminium Co., Ltd., Hangzhou Five Star Aluminium Co., Ltd., Inner 
Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd., 
Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd., Walson 
(HK) Trading Co., Limited, and Hangzhou Dingsheng Import & Export 
Co., Ltd. are a single entity (collectively, Dingsheng). See 
Preliminary Decision Memorandum.
    \11\ The Department preliminarily determines that Jiangsu 
Zhongji Lamination Materials Stock Co., Ltd. and Jiangsu Huafeng 
Aluminium Industry Co., Ltd. are a single entity (collectively, 
Zhongji). See Preliminary Decision Memorandum.
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Disclosure and Public Comment

    We will disclose to interested parties the calculations performed 
in this proceeding within five days of the date of announcement of this 
preliminary determination in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments on the preliminary determination 
described above 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 proceeding.\12\ 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\13\
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    \12\ See 19 CFR 351.309 (b)(2)(c)(i).
    \13\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Parties who submit case briefs or rebuttal briefs in this 
proceeding 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.\14\ This summary should be limited to five pages total, 
including footnotes.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.\15\ 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 date, time, and location to be determined. 
Parties will be notified of the date, time, and location of any 
hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Parties must file their case and rebuttal briefs, and any requests 
for a hearing, electronically using ACCESS.\16\ Electronically filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due dates established above.\17\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.303(b)(2)(i).
    \17\ See 19 CFR 351.303(b)(1).
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Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Section 351.210(e)(2) of the Department's regulations 
requires that requests by respondents for postponement of a final 
determination be accompanied by a request for extension of provisional 
measures from a four-month period to a period not more than six months 
in duration.
    Respondents Dingsheng and Zhongji requested that, in the event of 
an affirmative preliminary determination in this investigation, the 
Department postpone its final determination, i.e., issue its final 
determination no later than 135 days after the publication of the 
preliminary determination in the Federal Register, and that the 
Department extend the application of the provisional measures 
prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), 
from a four-month period to a period not to exceed six months.\18\
---------------------------------------------------------------------------

    \18\ See Letter from Dingsheng, ``Dingsheng's Request to Extend 
the Final Determination in the Antidumping Duty Investigation of 
Aluminum Foil from the People's Republic of China, A-570-053,'' 
dated September 6, 2017; see also Letter from Zhongji, ``Certain 
Aluminum Foil from the People's Republic of China: Request to 
Postpone Final Determination,'' dated September 6, 2017.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because: (1) Our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination 
until no later than February 22, 2018, and are extending the 
provisional measures from a four-month period to a period not greater 
than six months.\19\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the 
International

[[Page 50861]]

Trade Commission (ITC) of our preliminary determination of sales at 
LTFV. If our 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 our final determination whether these 
imports are materially injuring, or threaten material injury to, the 
U.S. industry.

Determination of Non-Market Economy Status

    As part of this investigation, the Department initiated an inquiry 
into whether the PRC should continue to be treated as a nonmarket 
economy (NME) country under the antidumping and countervailing duty 
laws. The Department provided an opportunity for the public to comment 
and submit information with respect to the PRC on the six factors 
enumerated by section 771(18)(B) of the Act, which the Department must 
take into account in making a market/nonmarket economy determination. 
The Department has completed its inquiry and concludes that the PRC is 
a NME country because it does not operate sufficiently on market 
principles to permit the use of prices and costs in that country for 
purposes of the Department's antidumping analysis.\20\ Having already 
solicited and considered comments from the public, the Department will 
not revisit its analysis or consider further comments from interested 
parties on its conclusion that the PRC is a NME country in the final 
determination.
---------------------------------------------------------------------------

    \20\ See Memorandum to Gary Taverman, ``China's Status as a Non-
Market Economy,'' dated October 26, 2017.
---------------------------------------------------------------------------

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c).

    Dated: October 26, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, 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. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Postponement of Final Determination and Extension of Provisional 
Measures
VII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Values
    C. Separate Rates
    D. Combination Rates
    E. Collapsing and Affiliation
    F. The PRC-Wide Entity
    G. Application of Facts Available and Adverse Inferences
    H. Date of Sale
    I. Comparisons to Fair Value
    J. Normal Value
    K. Factor Valuation Methodology
    L. Determination of the Comparison Method
VII. Currency Conversion
VIII. Adjustment under Section 777A(F) of the Act
IX. Adjustment for Countervailable Subsidies
X. Disclosure and Public Comment
XI. Verification
XII. Conclusion

Appendix II

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 760.19.6000. 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.

[FR Doc. 2017-23866 Filed 11-1-17; 8:45 am]
 BILLING CODE 3510-DS-P