Certain Aluminum Foil From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 9282-9284 [2018-04401]
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9282
Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
certain aluminum foil from the People’s
Republic of China (China) were being
sold in the United States at less-thanfair value during the period of
investigation (POI), July 1, 2016,
through December 31, 2016.
DATES: Applicable March 5, 2018.
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 or (202) 482–4475,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
sradovich on DSK3GMQ082PROD with NOTICES
Background
On November 2, 2017, Commerce
published the preliminary
determination of this investigation in
the Federal Register.1 We invited
parties to comment on the Preliminary
Determination. On January 31, 2018, we
received case briefs from the following
parties: The Aluminum Association
Trade Enforcement Working Group and
its individual members 2 (the
petitioners); Hangzhou Dingsheng
Import & Export Co. Ltd., Jiangsu
Dingsheng New Materials Joint-Stock
Co., Ltd., Jiangsu Zhongji Lamination
Materials Co., (HK) Ltd., Inner Mongolia
Liansheng New Energy Material JointStock Co., Ltd., Hangzhou Teemful
Aluminium Co., Ltd., Hangzhou Five
Star Aluminium Co., Ltd., and Walson
(HK) Trading Co., Limited (collectively,
Dingsheng); and Jiangsu Zhongji
Lamination Materials Co., (HK) Ltd.,
Jiangsu Zhongji Lamination Materials
Stock Co., Ltd., and Jiangsu Huafeng
1 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 (November 2,
2017) (Preliminary Determination), and the
accompanying Preliminary Decision Memorandum.
2 The individual members of The Aluminum
Association Trade Enforcement Working-Group are
JW Aluminum Company, Novelis Corporation, and
Reynolds Consumer Products LLC.
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Aluminium Industry Co., Ltd.
(collectively, Zhongji).3
On February 6, 2018, we received
rebuttal briefs from the petitioners,
Dingsheng, and Zhongji.4 Commerce
held a hearing on February 9, 2018, at
the request of Dingsheng and Zhongji.5
Based on the events following the
Preliminary Determination and an
analysis of the comments received,
Commerce has made changes to the
Preliminary Determination.
procedures, including an examination of
relevant accounting and production
records, and original source documents
provided by Dingsheng and Zhongji.
Scope Comments
We invited parties to comment on
Commerce’s Preliminary Scope
Memorandum.6 Commerce has
reviewed the briefs submitted by
interested parties, considered the
arguments therein, and has made
changes to the scope of the
investigation. For further discussion, see
Commerce’s Final Scope Decision
Memorandum.7
Changes Since the Preliminary
Determination
Based on Commerce’s analysis of the
comments received and findings at
verification, we made certain changes to
our dumping margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Scope of the Investigation
The merchandise covered by this
investigation is aluminum foil from
China. For a complete description of the
scope of this investigation, see
Appendix II.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in December 2017, we conducted
verification of the sales and factors of
production information submitted by
Dingsheng and Zhongji. We issued
verification reports on January 24,
2018.8 We used standard verification
3 See Case Briefs submitted by the petitioners,
Dingsheng, and Zhongji, dated January 31, 2018.
Zhongji has indicated that subsequent to the period
of investigation (POI), the name of the producer of
subject merchandise was changed from ‘‘Jiangsu
Zhongji Lamination Materials Stock Co., Ltd.’’ to
‘‘Jiangsu Zhongji Lamination Materials Co., Ltd.’’
As explained in the Issues and Decision
Memorandum, we find in this instance that it is
appropriate to recognize both names for the
purposes of this final determination and related
cash deposit instructions.
4 See Rebuttal Briefs submitted by the petitioners,
Dingsheng, and Zhongji, dated February 6, 2017.
5 See Letters from Dingsheng and Zhongji
requesting hearings, dated December 4, 2017.
6 See Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Scope
Comments Decision Memorandum for the
Preliminary Determinations,’’ dated October 26,
2017, and filed to ACCESS on October 30, 2017.
7 See Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Final Scope
Decision Memorandum,’’ dated concurrently with
this memorandum.
8 See Memorandum, ‘‘Verification of the
Questionnaire Responses of Hangzhou Dingsheng
Import & Export Co., Ltd., Jiangsu Dingsheng New
Materials Joint Stock Co., Ltd, Dingsheng
Aluminum Industries (Hong Kong) Trading Co.,
Limited, Walson (HK) Trading Co., Ltd, Hangzhou
Teemful Aluminum Co., Ltd., Hangzhou Five Star
Aluminum Co., Ltd and Inner Mongolia Liansheng
PO 00000
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Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice as Appendix I.
Adverse Facts Available
Sections 776(a)(1) and (2) of the Act
provide that if certain necessary
information is not on the record or an
interested party has withheld
information that was requested or
provided information that cannot be
verified, Commerce may apply ‘‘facts
otherwise available.’’ Furthermore, if
Commerce determines pursuant to
section 776(b) that a respondent has not
acted to the best of its ability in
complying with a request for
information, Commerce may apply an
adverse inference in selecting the facts
otherwise available. For this final
determination, Commerce has
determined that Dingsheng did not act
to the best of its ability in providing
Commerce with requested information
that could be verified and that the
application of partial adverse facts
available is therefore warranted. For
Commerce’s analysis, see the Issues and
Decision Memorandum at Comment 8.
Combination Rates
In the Initiation Notice, Commerce
stated that it would calculate
combination rates for the respondents
that are eligible for a separate rate in
this investigation.9 Accordingly, we
have assigned combination rates to
Dingsheng and Zhongji, along with 24
other companies receiving a separate
rate.10
New Energy Material Joint Stock Co., Ltd. in the
Antidumping Investigation of Certain Aluminum
Foil from China,’’ dated January 24, 2018; see also
Verification of the Questionnaire Responses of
Zhongji in the Antidumping Investigation of
Aluminum Foil from the People’s Republic of
China,’’ dated January 24, 2018.
9 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).
10 See Enforcement and Compliance Policy
Bulletin No. 05.1 ‘‘Separate-Rates Practice and
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices
Final Determination
Commerce determines, as provided in
section 735 of the Act, that the
following estimated weighted-average
dumping margins exist for the period
between July 1, 2016, through December
31, 2016:
Weightedaverage
margin
(percent)
Cash deposit
adjusted for
subsidy offset
(percent)
Producer
Exporter
Jiangsu Dingsheng New Materials Joint-Stock Co.,
Ltd./Hangzhou Teemful Aluminum Co., Ltd./
Hangzhou Five Star Aluminum Co., Ltd./Dingsheng
Aluminum Industries (Hong Kong) Trading Co. Ltd./
Walson (HK) Trading Co., Ltd.
Jiangsu Zhongji Lamination Materials Stock Co., Ltd/
Jiangsu Zhongji Lamination Materials Co., Ltd/
Jiangsu Huafeng Aluminium Industry Co., Ltd.
Jiangsu Alcha Aluminum Co., Ltd ................................
Baotou Alcha Aluminum Co., Ltd .................................
Jiangyin Dolphin Pack Ltd. Co .....................................
Granges Aluminum (Shanghai) Co., Ltd ......................
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 ............
Jiangsu Dingsheng New Materials Joint-Stock Co.,
Ltd./Hangzhou Teemful Aluminum Co., Ltd./
Hangzhou Five Star Aluminum Co., Ltd./Dingsheng
Aluminum Industries (Hong Kong) Trading Co. Ltd./
Walson (HK) Trading Co., Ltd.
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd ...
106.09
94.73
48.64
37.99
Alcha International Holdings Limited ............................
Alcha International Holdings Limited ............................
Jiangyin Dolphin Pack Ltd. Co .....................................
Granges Aluminum (Shanghai) Co., Ltd ......................
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.
84.94
84.94
84.94
84.94
84.94
84.94
84.94
84.94
84.94
84.94
73.84
73.84
73.84
73.84
73.84
73.84
73.84
73.84
73.84
73.84
Xiamen Xiashun Aluminium Foil Co. Ltd .....................
Yantai Jintai International Trade Co., Ltd ....................
Yinbang Clad Material Co., Ltd ....................................
Zhejiang Zhongjin Aluminum Industry Co., Ltd ............
84.94
84.94
84.94
84.94
73.84
73.84
73.84
73.84
.......................................................................................
106.09
95.44
PRC-wide entity .....................................................
Disclosure
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).
Continuation of Suspension of
Liquidation
sradovich on DSK3GMQ082PROD with NOTICES
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
subject merchandise, as described in the
‘‘Scope of the Investigation’’ section of
this notice, from China that were
entered or withdrawn from warehouse
for consumption on or after November
2, 2017, the publication date of the
Preliminary Determination in the
Federal Register.
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),
available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
11 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Further, pursuant to section
735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to require a cash
deposit 11 equal to the amount by which
the normal value exceeds U.S. price,
adjusted where appropriate for export
subsidies and estimated domestic
subsidy pass-through. For all
combinations of Chinese exporters/
producers of merchandise under
consideration, the cash deposit rate will
be equal to the dumping margin
established for the China-wide entity.
Consistent with our practice, where
the product under investigation is also
subject to a concurrent countervailing
duty investigation, we will instruct CBP
to require a cash deposit equal to the
amount by which the normal value
exceeds the export price or constructed
export price, adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough.12 In the companion CVD
proceeding, Commerce found an export
subsidy of 11.36 percent ad valorem for
Dingsheng and an export subsidy of
10.65 percent ad valorem for Zhongji.13
In this LTFV investigation, for the
China-wide entity, which received an
AFA rate, pursuant to section 776(b) of
the Act, Commerce has adjusted the
China-wide entity’s AD cash deposit
rate by the lowest export subsidy rate
determined for any party in the
companion CVD proceeding.14 Thus, we
will offset the China-wide rate of 106.09
by the countervailing duty rate
attributable to export subsidies of
Zhongji (i.e., 10.65 percent) to calculate
the cash deposit rate.15 These
adjustments are reflected in the final
column of the rate chart, above.
Furthermore, we are not adjusting the
final determination for estimated
domestic subsidy pass-through because
the respondents failed to substantiate a
12 See sections 772(c)(1)(C) and 777A(f) of the
Act, respectively. Unlike in administrative reviews,
Commerce makes an adjustment for export
subsidies in an LTFV investigation not in the
calculation of the weighted-average dumping
margin, but in the cash deposit instructions issued
to U.S. Customs and Border Protection. See Notice
of Final Determination of Sales at Less Than Fair
Value, and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
13 See Countervailing Duty Investigation of
Certain Aluminum Foil from the People’s Republic
of China: Final Affirmative Determination, and
accompanying Issues and Decision Memorandum.
The final determination in this companion CVD
proceeding is being released concurrently with this
final determination.
14 Id.
15 Id.
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Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices
cost-to-price-link.16 In the event that a
countervailing duty order is issued and
suspension of liquidation continues in
the companion countervailing duty
investigation on aluminum foil from
China, Commerce will continue to
instruct CBP to require cash deposits
adjusted by the amount of export
subsidies, as appropriate.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
the final affirmative determination of
sales at less than fair value. Because the
final determination in this proceeding is
affirmative, the ITC will make its final
determination, in accordance with
section 735(b)(2) of the Act, as to
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of certain aluminum
foil from China no later than 45 days
after our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, this
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury does exist, then Commerce
will issue an antidumping duty order
directing CBP to assess, upon further
instruction by Commerce, antidumping
duties on all imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
sradovich on DSK3GMQ082PROD with NOTICES
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Return or Destruction of Proprietary
Information
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
16 See
Issues and Decision Memorandum.
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with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation subject to sanction.
Notification to Interested Parties
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i) of the
Act and 19 CFR 351.210(c).
Dated: February 26, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and
Negotiations.
Appendix I
[FR Doc. 2018–04401 Filed 3–2–18; 8:45 am]
Contents of the Accompanying Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Issues
Comment 1: Surrogate Country and
Surrogate Values
Comment 2: International Freight
Comment 3: Marine Insurance
Comment 4: Value Added Tax Calculation
Comment 5: Deferral of Preliminary
Determination and Deadline for Final
Determination
Comment 6: Ministerial Errors
Comment 7: Affiliation and Collapsing
Status of Liansheng and an Upstream
Producer
Comment 8: Application of Partial Adverse
Facts Available (AFA)
Comment 9: Double Remedy Adjustment
Comment 10: Surrogate Value Adjustment
for Steam
Comment 11: Surrogate Value for
Aluminum Scrap
VII. Recommendation
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, including
aluminum foil to which lubricant has been
applied to one or both sides of the foil.
Excluded from the scope of this
investigation is aluminum foil that is backed
with paper, paperboard, plastics, or similar
backing materials on one side or both sides
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
PO 00000
Frm 00026
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.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, 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) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with 19 CFR
351.213, that the Department of
Commerce (Commerce) conduct an
administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by Commerce
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
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]]>Agencies
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9282-9284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04401]
[[Page 9282]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports
of certain aluminum foil from the People's Republic of China (China)
were being sold in the United States at less-than-fair value during the
period of investigation (POI), July 1, 2016, through December 31, 2016.
DATES: Applicable March 5, 2018.
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 or (202)
482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2017, Commerce published the preliminary
determination of this investigation in the Federal Register.\1\ We
invited parties to comment on the Preliminary Determination. On January
31, 2018, we received case briefs from the following parties: The
Aluminum Association Trade Enforcement Working Group and its individual
members \2\ (the petitioners); Hangzhou Dingsheng Import & Export Co.
Ltd., Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd., Jiangsu
Zhongji Lamination Materials Co., (HK) Ltd., Inner Mongolia Liansheng
New Energy Material Joint-Stock Co., Ltd., Hangzhou Teemful Aluminium
Co., Ltd., Hangzhou Five Star Aluminium Co., Ltd., and Walson (HK)
Trading Co., Limited (collectively, Dingsheng); and Jiangsu Zhongji
Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination
Materials Stock Co., Ltd., and Jiangsu Huafeng Aluminium Industry Co.,
Ltd. (collectively, Zhongji).\3\
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\1\ 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 (November 2, 2017) (Preliminary
Determination), and the accompanying Preliminary Decision
Memorandum.
\2\ The individual members of The Aluminum Association Trade
Enforcement Working-Group are JW Aluminum Company, Novelis
Corporation, and Reynolds Consumer Products LLC.
\3\ See Case Briefs submitted by the petitioners, Dingsheng, and
Zhongji, dated January 31, 2018. Zhongji has indicated that
subsequent to the period of investigation (POI), the name of the
producer of subject merchandise was changed from ``Jiangsu Zhongji
Lamination Materials Stock Co., Ltd.'' to ``Jiangsu Zhongji
Lamination Materials Co., Ltd.'' As explained in the Issues and
Decision Memorandum, we find in this instance that it is appropriate
to recognize both names for the purposes of this final determination
and related cash deposit instructions.
---------------------------------------------------------------------------
On February 6, 2018, we received rebuttal briefs from the
petitioners, Dingsheng, and Zhongji.\4\ Commerce held a hearing on
February 9, 2018, at the request of Dingsheng and Zhongji.\5\ Based on
the events following the Preliminary Determination and an analysis of
the comments received, Commerce has made changes to the Preliminary
Determination.
---------------------------------------------------------------------------
\4\ See Rebuttal Briefs submitted by the petitioners, Dingsheng,
and Zhongji, dated February 6, 2017.
\5\ See Letters from Dingsheng and Zhongji requesting hearings,
dated December 4, 2017.
---------------------------------------------------------------------------
Scope Comments
We invited parties to comment on Commerce's Preliminary Scope
Memorandum.\6\ Commerce has reviewed the briefs submitted by interested
parties, considered the arguments therein, and has made changes to the
scope of the investigation. For further discussion, see Commerce's
Final Scope Decision Memorandum.\7\
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\6\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Scope Comments Decision Memorandum for the
Preliminary Determinations,'' dated October 26, 2017, and filed to
ACCESS on October 30, 2017.
\7\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Final Scope Decision Memorandum,'' dated
concurrently with this memorandum.
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is aluminum foil from
China. For a complete description of the scope of this investigation,
see Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in December 2017, we conducted verification of the sales and
factors of production information submitted by Dingsheng and Zhongji.
We issued verification reports on January 24, 2018.\8\ We used standard
verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by Dingsheng and Zhongji.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Verification of the Questionnaire
Responses of Hangzhou Dingsheng Import & Export Co., Ltd., Jiangsu
Dingsheng New Materials Joint Stock Co., Ltd, Dingsheng Aluminum
Industries (Hong Kong) Trading Co., Limited, Walson (HK) Trading
Co., Ltd, Hangzhou Teemful Aluminum Co., Ltd., Hangzhou Five Star
Aluminum Co., Ltd and Inner Mongolia Liansheng New Energy Material
Joint Stock Co., Ltd. in the Antidumping Investigation of Certain
Aluminum Foil from China,'' dated January 24, 2018; see also
Verification of the Questionnaire Responses of Zhongji in the
Antidumping Investigation of Aluminum Foil from the People's
Republic of China,'' dated January 24, 2018.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice as Appendix I.
Changes Since the Preliminary Determination
Based on Commerce's analysis of the comments received and findings
at verification, we made certain changes to our dumping margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
Adverse Facts Available
Sections 776(a)(1) and (2) of the Act provide that if certain
necessary information is not on the record or an interested party has
withheld information that was requested or provided information that
cannot be verified, Commerce may apply ``facts otherwise available.''
Furthermore, if Commerce determines pursuant to section 776(b) that a
respondent has not acted to the best of its ability in complying with a
request for information, Commerce may apply an adverse inference in
selecting the facts otherwise available. For this final determination,
Commerce has determined that Dingsheng did not act to the best of its
ability in providing Commerce with requested information that could be
verified and that the application of partial adverse facts available is
therefore warranted. For Commerce's analysis, see the Issues and
Decision Memorandum at Comment 8.
Combination Rates
In the Initiation Notice, Commerce stated that it would calculate
combination rates for the respondents that are eligible for a separate
rate in this investigation.\9\ Accordingly, we have assigned
combination rates to Dingsheng and Zhongji, along with 24 other
companies receiving a separate rate.\10\
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\9\ 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).
\10\ See Enforcement and Compliance Policy Bulletin No. 05.1
``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 Commerce's
website at https://enforcement.trade.gov/policy/bull05-1.pdf.
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[[Page 9283]]
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Final Determination
Commerce determines, as provided in section 735 of the Act, that
the following estimated weighted-average dumping margins exist for the
period between July 1, 2016, through December 31, 2016:
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- adjusted for
Producer Exporter average margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Jiangsu Dingsheng New Materials Joint-Stock Jiangsu Dingsheng New Materials 106.09 94.73
Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./ Joint-Stock Co., Ltd./Hangzhou
Hangzhou Five Star Aluminum Co., Ltd./ Teemful Aluminum Co., Ltd./
Dingsheng Aluminum Industries (Hong Kong) Hangzhou Five Star Aluminum
Trading Co. Ltd./Walson (HK) Trading Co., Ltd. Co., Ltd./Dingsheng Aluminum
Industries (Hong Kong) Trading
Co. Ltd./Walson (HK) Trading
Co., Ltd.
Jiangsu Zhongji Lamination Materials Stock Jiangsu Zhongji Lamination 48.64 37.99
Co., Ltd/Jiangsu Zhongji Lamination Materials Materials Co., (HK) Ltd.
Co., Ltd/Jiangsu Huafeng Aluminium Industry
Co., Ltd.
Jiangsu Alcha Aluminum Co., Ltd............... Alcha International Holdings 84.94 73.84
Limited.
Baotou Alcha Aluminum Co., Ltd................ Alcha International Holdings 84.94 73.84
Limited.
Jiangyin Dolphin Pack Ltd. Co................. Jiangyin Dolphin Pack Ltd. Co... 84.94 73.84
Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 84.94 73.84
Ltd.
Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 84.94 73.84
Corporation.
Suntown Technology Group Limited.............. Hunan Suntown Marketing Limited. 84.94 73.84
Luoyang Longding Aluminium Industries Co., Ltd Luoyang Longding Aluminium 84.94 73.84
Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd...... Shandong Yuanrui Metal Material 84.94 73.84
Co., Ltd.
Suntown Technology Group Limited.............. SNTO International Trade Limited 84.94 73.84
North China Aluminum Co., Ltd., Hunan Suntown Suzhou Manakin Aluminum 84.94 73.84
Marketing Limited, and Guangxi Baise Xinghe Processing Technology Co., Ltd.
Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd......... Xiamen Xiashun Aluminium Foil 84.94 73.84
Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd......... Yantai Jintai International 84.94 73.84
Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 84.94 73.84
Zhejiang Zhongjin Aluminum Industry Co., Ltd.. Zhejiang Zhongjin Aluminum 84.94 73.84
Industry Co., Ltd.
-------------------------------
PRC-wide entity........................... ................................ 106.09 95.44
----------------------------------------------------------------------------------------------------------------
Disclosure
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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of subject merchandise,
as described in the ``Scope of the Investigation'' section of this
notice, from China that were entered or withdrawn from warehouse for
consumption on or after November 2, 2017, the publication date of the
Preliminary Determination in the Federal Register.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce
will instruct CBP to require a cash deposit \11\[thinsp]equal to the
amount by which the normal value exceeds U.S. price, adjusted where
appropriate for export subsidies and estimated domestic subsidy pass-
through. For all combinations of Chinese exporters/producers of
merchandise under consideration, the cash deposit rate will be equal to
the dumping margin established for the China-wide entity.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Consistent with our practice, where the product under investigation
is also subject to a concurrent countervailing duty investigation, we
will instruct CBP to require a cash deposit equal to the amount by
which the normal value exceeds the export price or constructed export
price, adjusted where appropriate for export subsidies and estimated
domestic subsidy pass-through.\12\ In the companion CVD proceeding,
Commerce found an export subsidy of 11.36 percent ad valorem for
Dingsheng and an export subsidy of 10.65 percent ad valorem for
Zhongji.\13\ In this LTFV investigation, for the China-wide entity,
which received an AFA rate, pursuant to section 776(b) of the Act,
Commerce has adjusted the China-wide entity's AD cash deposit rate by
the lowest export subsidy rate determined for any party in the
companion CVD proceeding.\14\ Thus, we will offset the China-wide rate
of 106.09 by the countervailing duty rate attributable to export
subsidies of Zhongji (i.e., 10.65 percent) to calculate the cash
deposit rate.\15\ These adjustments are reflected in the final column
of the rate chart, above. Furthermore, we are not adjusting the final
determination for estimated domestic subsidy pass-through because the
respondents failed to substantiate a
[[Page 9284]]
cost-to-price-link.\16\ In the event that a countervailing duty order
is issued and suspension of liquidation continues in the companion
countervailing duty investigation on aluminum foil from China, Commerce
will continue to instruct CBP to require cash deposits adjusted by the
amount of export subsidies, as appropriate.
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\12\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, Commerce makes an
adjustment for export subsidies in an LTFV investigation not in the
calculation of the weighted-average dumping margin, but in the cash
deposit instructions issued to U.S. Customs and Border Protection.
See Notice of Final Determination of Sales at Less Than Fair Value,
and Negative Determination of Critical Circumstances: Certain Lined
Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
\13\ See Countervailing Duty Investigation of Certain Aluminum
Foil from the People's Republic of China: Final Affirmative
Determination, and accompanying Issues and Decision Memorandum. The
final determination in this companion CVD proceeding is being
released concurrently with this final determination.
\14\ Id.
\15\ Id.
\16\ See Issues and Decision Memorandum.
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International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of the final affirmative
determination of sales at less than fair value. Because the final
determination in this proceeding is affirmative, the ITC will make its
final determination, in accordance with section 735(b)(2) of the Act,
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
certain aluminum foil from China no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated and
all securities posted will be refunded or canceled. If the ITC
determines that such injury does exist, then Commerce will issue an
antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APOs) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
Return or Destruction of Proprietary Information
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to parties subject to an APO of
their responsibility concerning the destruction of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
This determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: February 26, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
Contents of the Accompanying Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Discussion of the Issues
Comment 1: Surrogate Country and Surrogate Values
Comment 2: International Freight
Comment 3: Marine Insurance
Comment 4: Value Added Tax Calculation
Comment 5: Deferral of Preliminary Determination and Deadline
for Final Determination
Comment 6: Ministerial Errors
Comment 7: Affiliation and Collapsing Status of Liansheng and an
Upstream Producer
Comment 8: Application of Partial Adverse Facts Available (AFA)
Comment 9: Double Remedy Adjustment
Comment 10: Surrogate Value Adjustment for Steam
Comment 11: Surrogate Value for Aluminum Scrap
VII. Recommendation
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,
including aluminum foil to which lubricant has been applied to one
or both sides of the foil.
Excluded from the scope of this investigation is aluminum foil
that is backed with paper, paperboard, plastics, or similar backing
materials on one side or both sides 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.
[FR Doc. 2018-04401 Filed 3-2-18; 8:45 am]
BILLING CODE 3510-DS-P
