Certain Aluminum Foil From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 17362-17364 [2018-08115]
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17362
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
unliquidated entries of aluminum foil
from China made on or after December
12, 2017. Suspension of liquidation will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Notification to Interested Parties
This notice constitutes the CVD order
with respect to aluminum foil from
China pursuant to section 706(a) of the
Act. Interested parties can find a list of
CVD orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order and amended final
determination are published in
accordance with section 706(a) and 19
CFR 351.211(b).
Dated: April 12, 2018.
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
daltland on DSKBBV9HB2PROD with NOTICES
Scope of the Order
The merchandise covered by this order 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 order 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 the order 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
1 See Certain Aluminum Foil from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 83 FR 9282 (March 5, 2018)
(Final Determination), and accompanying Issues
and Decision Memorandum.
2 See Letter, ‘‘Dingsheng Final Determination
Ministerial Error Comments in the Antidumping
Duty Investigation of Aluminum Foil from the
People’s Republic of China,’’ dated March 12, 2018;
VerDate Sep<11>2014
17:49 Apr 18, 2018
Jkt 244001
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 order is dispositive.
[FR Doc. 2018–08116 Filed 4–18–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China: Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (the
ITC), Commerce is issuing an
antidumping duty (AD) order on certain
aluminum foil from the People’s
Republic of China (China). In addition,
Commerce is amending its final
determination of sales at less than fair
value (LTFV) from China as a result of
a ministerial error.
DATES: Applicable April 19, 2018.
FOR FURTHER INFORMATION CONTACT: Tom
Bellhouse or Michael J. Heaney, AD/
CVD Operations, 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.
AGENCY:
sold in the United States at LTFV, as
provided in section 735 of the Tariff Act
of 1930, as amended (Act).1 On March
12, 2018, Hangzhou Dingsheng Import &
Export 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., Inner
Mongolia Liansheng New Energy
Material Joint-Stock Co., Ltd. and
Walson (HK) Trading Co., Ltd.
(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) submitted
ministerial error allegations concerning
the Final Determination.2 On March 19,
2018, the Aluminum Association Trade
Enforcement Working Group submitted
comments to address these allegations.3
On April 9, 2018, the ITC notified
Commerce of its affirmative
determination that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of aluminum foil from
China.4
Scope of the Order
The merchandise covered by this
order is aluminum foil from China. For
a complete description of the scope of
the order, see the Appendix to this
notice.
Amendment to the Final Determination
On March 5, 2018, Commerce
published in the Federal Register the
Final Determination that aluminum foil
from China is being, or is likely to be,
After considering parties’ comments
and reviewing the record, pursuant to
section 735(e) of the Act and 19 CFR
351.224(e) and (f), Commerce is
amending the Final Determination to
reflect the correction of a ministerial
error it made in calculating the final
margin assigned to Dingsheng.5 In
addition, because the rates for the
companies receiving a separate rate and
the rate of the China-wide entity are
based on the margins for Dingsheng and
Zhongji, we are also revising these
rates.6
As a result of this amended final
determination, we have revised the
estimated weighted average dumping
margins as follows:
see also Letter, ‘‘Certain Aluminum Foil from the
People’s Republic of China: Ministerial
Memorandum Comments,’’ dated March 12, 2018.
3 See Letter, ‘‘Certain Aluminum Foil from the
People’s Republic of China—Petitioners’ Rebuttal of
Jiangsu Zhongji’s Clerical Error Allegation,’’ dated
March 19, 2018.
4 See Letter from the ITC, dated April 9, 2018; see
also Aluminum Foil from China (Investigation Nos.
701–TA–570 and 731–TA–1346 (Final), USITC
Publication 4771, April 2018).
5 For a detailed discussion of the ministerial error
allegations, see Memorandum, ‘‘Antidumping Duty
Investigation of Certain Aluminum Foil from
People’s Republic of China: Ministerial Error
Memorandum,’’ dated concurrently with this notice
(Amended Final Memorandum).
6 Id.
SUPPLEMENTARY INFORMATION:
Period of Investigation: The period of
investigation (POI) is July 1, 2016,
through December 31, 2016.
Background
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\19APN1.SGM
19APN1
17363
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
Weightedaverage
margin
(percent)
Cash deposit
adjusted for
subsidy offset
(percent)
Producer
Exporter
Hangzhou Dingsheng Import & Export 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./Inner Mongolia
Liansheng New Energy Material Joint-Stock 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 ............
Hangzhou Dingsheng Import & Export 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./Inner Mongolia
Liansheng New Energy Material Joint-Stock Co.,
Ltd.
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd ...
105.80
94.44
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.
84.76
84.76
84.76
84.76
84.76
84.76
84.76
84.76
84.76
84.76
73.66
73.66
73.66
73.66
73.66
73.66
73.66
73.66
73.66
73.66
Xiamen Xiashun Aluminium Foil Co. Ltd .....................
Yantai Jintai International Trade Co., Ltd ....................
Yinbang Clad Material Co., Ltd ....................................
Zhejiang Zhongjin Aluminum Industry Co., Ltd ............
84.76
84.76
84.76
84.76
73.66
73.66
73.66
73.66
105.80
95.15
CHINA-WIDE ENTITY
daltland on DSKBBV9HB2PROD with NOTICES
Antidumping Duty Order
In accordance with section 735(d) of
the Act, the ITC has notified Commerce
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act.
Therefore, in accordance with section
735(c)(2) of the Act, we are publishing
this AD order.
Because the ITC determined that
imports of aluminum foil from China
are materially injuring a U.S. industry,
unliquidated entries of such
merchandise from China entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties. In
accordance with section 736(a)(1) of the
Act, Commerce will direct United States
Customs and Border Protection (CBP) to
assess, upon further instruction by
Commerce, antidumping duties equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise, for all relevant entries of
aluminum foil from China.
Antidumping duties will be assessed on
unliquidated entries of aluminum foil
from China entered, or withdrawn from
warehouse, for consumption on or after
November 2, 2017, the date of
VerDate Sep<11>2014
17:49 Apr 18, 2018
Jkt 244001
publication of the Preliminary
Determination.7
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on all relevant entries of aluminum foil
from China. These instructions
suspending liquidation will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act, Commerce will instruct CBP to
require a cash deposit equal to the
weighted-average amount by which
normal value (NV) exceeds U.S. price as
follows: (1) The cash deposit rate for the
exporter/producer combination listed in
the table above will be the rate
identified for that combination in the
table; (2) for all combinations of Chinese
exporters/producers of subject
merchandise that have not received
their own separate rate above, the cash
deposit rate will be the cash deposit rate
established for the China-wide entity;
and (3) for all non-Chinese exporters of
the subject merchandise which have not
received their own separate rate above,
7 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
accompanying Preliminary Decision Memorandum.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
the cash deposit rate will be the cash
deposit rate applicable to the Chinese
exporter/producer combination that
supplied that non-Chinese exporter.
We normally adjust AD cash deposit
rates by the amount of export subsidies,
where appropriate. In the companion
countervailing duty (CVD) investigation,
we have found that both Dingsheng and
Zhongji received export subsidies.8
With respect to Dingsheng and Zhongji,
because their CVD rates in the
companion investigation included an
amount for export subsidies, an offset of
11.36 percent and 10.65 percent,
respectively, will be made to their cash
deposit rates. With respect to the
separate-rate companies, we find that an
export subsidy adjustment of 11.10
percent to the cash deposit rate is
warranted because this amount
represents a weighted-average of the
subsidy offsets received by Dingsheng
and Zhongji. For the China-wide entity,
which continues to receive a rate based
on adverse facts available (AFA) in this
amended final determination, as an
extension of the adverse inference found
necessary pursuant to section 776(b) of
the Act, Commerce has adjusted the
China-wide entity’s AD cash deposit
8 See Countervailing Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
China: Final Affirmative Determination, 83 FR 9274
(March 5, 2018).
E:\FR\FM\19APN1.SGM
19APN1
17364
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
rate by the lowest export subsidy rate
determined for any party in the
companion CVD proceeding, which was
10.65 percent.
Pursuant to section 777A(f) of the Act,
we normally adjust AD cash deposit
rates for estimated domestic subsidy
pass-through, where appropriate.
However, in this case there is no basis
to grant a domestic subsidy passthrough adjustment.9
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that fourmonth period to no more than six
months.
At the request of exporters that
account for a significant proportion of
aluminum foil from China, we extended
the four-month period to no more than
six months in this case.10 In the
underlying investigation, Commerce
published the Preliminary
Determination on November 2, 2017.
Therefore, the extended period
beginning on the date of publication of
the Preliminary Determination ends
May 2, 2018. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, because the publication of
the ITC’s final injury determination
occurred before the expiration of the
extended provisional measures,
suspension of liquidation continues
through the issuance of the AD order.
daltland on DSKBBV9HB2PROD with NOTICES
This notice constitutes the AD order
with respect to aluminum foil from
China pursuant to section 736(a) of the
Act. Interested parties can find a list of
AD orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
This order and amended final
determination are published in
accordance with sections 736(a) and
735(e) of the Act and 19 CFR 351.211
and 351.224(e).
9 See Final Determination and accompanying
Issues and Decision Memorandum.
10 See Preliminary Determination and
accompanying Preliminary Decision Memorandum.
17:49 Apr 18, 2018
Jkt 244001
Appendix—Scope of the Order
The merchandise covered by this order 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 order 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 the order 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 order is dispositive.
[FR Doc. 2018–08115 Filed 4–18–18; 8:45 am]
BILLING CODE 3510–DS–P
Notification to Interested Parties
VerDate Sep<11>2014
Dated: April 12, 2018.
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.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–839, A–583–833]
Polyester Staple Fiber From the
Republic of Korea and Taiwan:
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke Antidumping Duty Orders in
Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 8, 2017, the
Department of Commerce (Commerce)
received a request for revocation, in
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
part, of the antidumping duty (AD)
orders on polyester staple fiber (PSF)
from the Republic of Korea (Korea) and
Taiwan with respect to low-melt PSF.
We preliminarily determine that the
Orders shall be revoked, in part, with
respect to low-melt PSF, as described
below. Commerce invites interested
parties to comment on these preliminary
results.
DATES: Effective April 19, 2018.
FOR FURTHER INFORMATION CONTACT:
Emily Halle or Nicholas Czajkowski,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–0176 or (202) 482–1395,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2000, Commerce
published the AD orders on PSF from
Korea and Taiwan.1 On December 8,
2017, DAK Americas, LLC; Nan Ya
Plastics Corporation, America; Auriga
Polymers; and Palmetto Synthetics LLC
(i.e., the domestic producers) requested
that Commerce conduct changed
circumstances reviews pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.216(b) with respect to any coarse
denier low-melt PSF that may be
currently covered by the Orders to avoid
any potential overlap in coverage
between the Orders and the pending
less-than-fair-value investigations of
low-melt polyester staple fiber from
Korea and Taiwan.2
On March 16, 2018, Commerce
published the notice of initiation of the
requested changed circumstances
reviews.3 Because the domestic
producers did not provide any
supporting documentation for their
statement that they accounted for
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Polyester
Staple Fiber from the Republic of Korea and
Antidumping Duty Orders: Certain Polyester Staple
Fiber from the Republic of Korea and Taiwan, 65
FR 33807 (May 25, 2000) (Orders).
2 See Polyester Staple Fiber From the Republic of
Korea and Taiwan: Initiation of Changed
Circumstances Reviews, and Consideration of
Revocation of the Antidumping Duty Orders in Part,
83 FR 11678 (March 16, 2018) (Initiation Notice);
see also Low Melt Polyester Staple Fiber from the
Republic of Korea and Taiwan: Initiation of LessThan-Fair-Value Investigations, 82 FR 34277 (July
24, 2017); Low Melt Polyester Staple Fiber from the
Republic of Korea: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, in Part, Postponement of Final
Determination, and Extension of Provisional
Measures, 83 FR 4906 (February 2, 2018).
3 Id.
E:\FR\FM\19APN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17362-17364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08115]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (the ITC),
Commerce is issuing an antidumping duty (AD) order on certain aluminum
foil from the People's Republic of China (China). In addition, Commerce
is amending its final determination of sales at less than fair value
(LTFV) from China as a result of a ministerial error.
DATES: Applicable April 19, 2018.
FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or Michael J. Heaney,
AD/CVD Operations, 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:
Period of Investigation: The period of investigation (POI) is July
1, 2016, through December 31, 2016.
Background
On March 5, 2018, Commerce published in the Federal Register the
Final Determination that aluminum foil from China is being, or is
likely to be, sold in the United States at LTFV, as provided in section
735 of the Tariff Act of 1930, as amended (Act).\1\ On March 12, 2018,
Hangzhou Dingsheng Import & Export 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., Inner Mongolia Liansheng New Energy
Material Joint-Stock Co., Ltd. and Walson (HK) Trading Co., Ltd.
(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) submitted ministerial error allegations concerning the Final
Determination.\2\ On March 19, 2018, the Aluminum Association Trade
Enforcement Working Group submitted comments to address these
allegations.\3\ On April 9, 2018, the ITC notified Commerce of its
affirmative determination that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of LTFV imports of aluminum foil from China.\4\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 83 FR
9282 (March 5, 2018) (Final Determination), and accompanying Issues
and Decision Memorandum.
\2\ See Letter, ``Dingsheng Final Determination Ministerial
Error Comments in the Antidumping Duty Investigation of Aluminum
Foil from the People's Republic of China,'' dated March 12, 2018;
see also Letter, ``Certain Aluminum Foil from the People's Republic
of China: Ministerial Memorandum Comments,'' dated March 12, 2018.
\3\ See Letter, ``Certain Aluminum Foil from the People's
Republic of China--Petitioners' Rebuttal of Jiangsu Zhongji's
Clerical Error Allegation,'' dated March 19, 2018.
\4\ See Letter from the ITC, dated April 9, 2018; see also
Aluminum Foil from China (Investigation Nos. 701-TA-570 and 731-TA-
1346 (Final), USITC Publication 4771, April 2018).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by this order is aluminum foil from China.
For a complete description of the scope of the order, see the Appendix
to this notice.
Amendment to the Final Determination
After considering parties' comments and reviewing the record,
pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and (f),
Commerce is amending the Final Determination to reflect the correction
of a ministerial error it made in calculating the final margin assigned
to Dingsheng.\5\ In addition, because the rates for the companies
receiving a separate rate and the rate of the China-wide entity are
based on the margins for Dingsheng and Zhongji, we are also revising
these rates.\6\
---------------------------------------------------------------------------
\5\ For a detailed discussion of the ministerial error
allegations, see Memorandum, ``Antidumping Duty Investigation of
Certain Aluminum Foil from People's Republic of China: Ministerial
Error Memorandum,'' dated concurrently with this notice (Amended
Final Memorandum).
\6\ Id.
---------------------------------------------------------------------------
As a result of this amended final determination, we have revised
the estimated weighted average dumping margins as follows:
[[Page 17363]]
----------------------------------------------------------------------------------------------------------------
Cash deposit
Weighted- adjusted for
Producer Exporter average margin subsidy offset
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Hangzhou Dingsheng Import & Export Co. Ltd./ Hangzhou Dingsheng Import & 105.80 94.44
Jiangsu Dingsheng New Materials Joint-Stock Export Co. Ltd./Jiangsu
Co., Ltd./Hangzhou Teemful Aluminum Co., Ltd./ Dingsheng New Materials Joint-
Hangzhou Five Star Aluminum Co., Ltd./ Stock Co., Ltd./Hangzhou
Dingsheng Aluminum Industries (Hong Kong) Teemful Aluminum Co., Ltd./
Trading Co. Ltd./Walson (HK) Trading Co., Hangzhou Five Star Aluminum
Ltd./Inner Mongolia Liansheng New Energy Co., Ltd./Dingsheng Aluminum
Material Joint-Stock Co., Ltd. Industries (Hong Kong) Trading
Co. Ltd./Walson (HK) Trading
Co., Ltd./Inner Mongolia
Liansheng New Energy Material
Joint-Stock 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 84.76 73.66
Limited.
Baotou Alcha Aluminum Co., Ltd................ Alcha International Holdings 84.76 73.66
Limited.
Jiangyin Dolphin Pack Ltd. Co................. Jiangyin Dolphin Pack Ltd. Co... 84.76 73.66
Granges Aluminum (Shanghai) Co., Ltd.......... Granges Aluminum (Shanghai) Co., 84.76 73.66
Ltd.
Huafon Nikkei Aluminium Corporation........... Huafon Nikkei Aluminium 84.76 73.66
Corporation.
Suntown Technology Group Limited.............. Hunan Suntown Marketing Limited. 84.76 73.66
Luoyang Longding Aluminium Industries Co., Ltd Luoyang Longding Aluminium 84.76 73.66
Industries Co., Ltd.
Shandong Yuanrui Metal Material Co., Ltd...... Shandong Yuanrui Metal Material 84.76 73.66
Co., Ltd.
Suntown Technology Group Limited.............. SNTO International Trade Limited 84.76 73.66
North China Aluminum Co., Ltd., Hunan Suntown Suzhou Manakin Aluminum 84.76 73.66
Marketing Limited, and Guangxi Baise Xinghe Processing Technology Co., Ltd.
Aluminum Industry Co., Ltd.
Xiamen Xiashun Aluminium Foil Co. Ltd......... Xiamen Xiashun Aluminium Foil 84.76 73.66
Co. Ltd.
Yantai Donghai Aluminum Foil Co., Ltd......... Yantai Jintai International 84.76 73.66
Trade Co., Ltd.
Yinbang Clad Material Co., Ltd................ Yinbang Clad Material Co., Ltd.. 84.76 73.66
Zhejiang Zhongjin Aluminum Industry Co., Ltd.. Zhejiang Zhongjin Aluminum 84.76 73.66
Industry Co., Ltd.
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CHINA-WIDE ENTITY 105.80 95.15
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Antidumping Duty Order
In accordance with section 735(d) of the Act, the ITC has notified
Commerce of its final determination in this investigation, in which it
found that an industry in the United States is materially injured
within the meaning of section 735(b)(1)(A)(i) of the Act. Therefore, in
accordance with section 735(c)(2) of the Act, we are publishing this AD
order.
Because the ITC determined that imports of aluminum foil from China
are materially injuring a U.S. industry, unliquidated entries of such
merchandise from China entered or withdrawn from warehouse for
consumption, are subject to the assessment of antidumping duties. In
accordance with section 736(a)(1) of the Act, Commerce will direct
United States Customs and Border Protection (CBP) to assess, upon
further instruction by Commerce, antidumping duties equal to the amount
by which the normal value of the merchandise exceeds the export price
(or constructed export price) of the merchandise, for all relevant
entries of aluminum foil from China. Antidumping duties will be
assessed on unliquidated entries of aluminum foil from China entered,
or withdrawn from warehouse, for consumption on or after November 2,
2017, the date of publication of the Preliminary Determination.\7\
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\7\ 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 accompanying Preliminary Decision Memorandum.
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Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all relevant entries
of aluminum foil from China. These instructions suspending liquidation
will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act, Commerce will
instruct CBP to require a cash deposit equal to the weighted-average
amount by which normal value (NV) exceeds U.S. price as follows: (1)
The cash deposit rate for the exporter/producer combination listed in
the table above will be the rate identified for that combination in the
table; (2) for all combinations of Chinese exporters/producers of
subject merchandise that have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate established
for the China-wide entity; and (3) for all non-Chinese exporters of the
subject merchandise which have not received their own separate rate
above, the cash deposit rate will be the cash deposit rate applicable
to the Chinese exporter/producer combination that supplied that non-
Chinese exporter.
We normally adjust AD cash deposit rates by the amount of export
subsidies, where appropriate. In the companion countervailing duty
(CVD) investigation, we have found that both Dingsheng and Zhongji
received export subsidies.\8\ With respect to Dingsheng and Zhongji,
because their CVD rates in the companion investigation included an
amount for export subsidies, an offset of 11.36 percent and 10.65
percent, respectively, will be made to their cash deposit rates. With
respect to the separate-rate companies, we find that an export subsidy
adjustment of 11.10 percent to the cash deposit rate is warranted
because this amount represents a weighted-average of the subsidy
offsets received by Dingsheng and Zhongji. For the China-wide entity,
which continues to receive a rate based on adverse facts available
(AFA) in this amended final determination, as an extension of the
adverse inference found necessary pursuant to section 776(b) of the
Act, Commerce has adjusted the China-wide entity's AD cash deposit
[[Page 17364]]
rate by the lowest export subsidy rate determined for any party in the
companion CVD proceeding, which was 10.65 percent.
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\8\ See Countervailing Duty Investigation of Certain Aluminum
Foil from the People's Republic of China: Final Affirmative
Determination, 83 FR 9274 (March 5, 2018).
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Pursuant to section 777A(f) of the Act, we normally adjust AD cash
deposit rates for estimated domestic subsidy pass-through, where
appropriate. However, in this case there is no basis to grant a
domestic subsidy pass-through adjustment.\9\
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\9\ See Final Determination and accompanying Issues and Decision
Memorandum.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant
proportion of aluminum foil from China, we extended the four-month
period to no more than six months in this case.\10\ In the underlying
investigation, Commerce published the Preliminary Determination on
November 2, 2017. Therefore, the extended period beginning on the date
of publication of the Preliminary Determination ends May 2, 2018.
Furthermore, section 737(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination.
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\10\ See Preliminary Determination and accompanying Preliminary
Decision Memorandum.
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Therefore, because the publication of the ITC's final injury
determination occurred before the expiration of the extended
provisional measures, suspension of liquidation continues through the
issuance of the AD order.
Notification to Interested Parties
This notice constitutes the AD order with respect to aluminum foil
from China pursuant to section 736(a) of the Act. Interested parties
can find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order and amended final determination are published in
accordance with sections 736(a) and 735(e) of the Act and 19 CFR
351.211 and 351.224(e).
Dated: April 12, 2018.
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--Scope of the Order
The merchandise covered by this order 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 order 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 the order 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 order
is dispositive.
[FR Doc. 2018-08115 Filed 4-18-18; 8:45 am]
BILLING CODE 3510-DS-P
