Certain Aluminum Foil From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 17360-17362 [2018-08116]
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17360
Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
During this assessment phase, the
Wayne invites other government
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current assessment phase and
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Plan Revision—Using the need for
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participants will develop a vision
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forest into the future, specifying desired
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17:49 Apr 18, 2018
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develop plan alternatives. Finally, in
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Responsible Official
The Responsible Official for the
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OH 45764.
Dated: March 10, 2018.
Chris French,
Associate Deputy Chief, National Forest
System.
[FR Doc. 2018–08159 Filed 4–18–18; 8:45 am]
BILLING CODE 3411–15–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–054]
Certain Aluminum Foil From the
People’s Republic of China: Amended
Final Affirmative Countervailing Duty
Determination and Countervailing 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 a
countervailing duty (CVD) order on
certain aluminum foil (aluminum foil)
from the People’s Republic of China
(China). In addition, Commerce is
amending its final CVD determination
with respect to aluminum foil from
China, to correct ministerial errors.
DATES: Applicable April 19, 2018.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3813.
SUPPLEMENTARY INFORMATION:
Period of Investigation: The period of
investigation (POI) is January 1, 2016,
through December 31, 2016.
AGENCY:
Background
In accordance with sections 705(a),
705(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on March 5, 2018,
Commerce published in the Federal
Register an affirmative final
determination in the CVD investigation
of aluminum foil from China.1
Interested parties submitted timely filed
allegations that Commerce made certain
ministerial errors in the final CVD
determination of aluminum foil from
China. Section 705(e) of the Act and 19
CFR 351.224(f) define ministerial errors
as errors in addition, subtraction, or
other arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial. We reviewed the allegations
and determined that we made certain
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 (Final Decision
Memorandum).
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Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices
ministerial errors. See ‘‘Amendment to
the Final Determination’’ section below
for further discussion.
On April 9, 2018, the ITC notified
Commerce of its affirmative
determination pursuant to section
705(b)(1)(A)(i) and section 705(d) of the
Act, that an industry in the United
States is materially injured by reason of
subsidized imports of aluminum foil
from China.2
Scope of the Order
The merchandise covered by this
order is aluminum foil from China. For
a complete description of the scope of
this order, see the Appendix to this
notice.
Amendment to the Final Determination
daltland on DSKBBV9HB2PROD with NOTICES
On March 5, 2018, the petitioners 3
and Dingsheng Aluminum Industries
(Hong Kong) Trading Co., Ltd.
(Dingsheng HK) timely alleged that the
Final Determination contained certain
ministerial errors, and requested that
Commerce correct such errors. No
rebuttal comments were submitted.
Commerce reviewed the record and,
on April 3, 2018, agreed that the errors
referenced in the petitioners’ and
Dingsheng HK’s allegations constitute
ministerial errors within the meaning of
705(e) of the Act and 19 CFR
351.224(f).4 Commerce found that it
made errors in calculating Dingsheng
HK’s benefit under the Policy Lending
for Aluminum Foil and Government
Provision of Primary Aluminum for Less
Than Adequate Remuneration programs,
and these errors were contrary to our
methodological intention.5 Pursuant to
19 CFR 351.224(e), Commerce is
amending the Final Determination to
reflect the correction of the ministerial
errors described above. Based on our
correction of the ministerial errors in
Dingsheng HK’s calculation, the subsidy
rate for Dingsheng HK increased from
19.98 percent ad valorem to 20.10
percent ad valorem.6 Because the ‘‘allothers’’ rate is based, in part, on
Dingsheng HK’s ad valorem subsidy
rate, the correction noted above also
increases the ‘‘all-others’’ rate
determined in the Final Determination
from 18.56 percent ad valorem to 18.62
2 See Letter from the ITC to Commerce, 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).
3 The petitioners to this investigation are the
Aluminum Association Trade Enforcement Working
Group (the petitioners).
4 See Memorandum ‘‘Ministerial Error Allegations
Concerning Final Affirmative Countervailing Duty
Determination,’’ dated April 3, 2018.
5 Id.
6 Id.
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percent ad valorem.7 Because the rates
for Loften Aluminum (Hong Kong)
Limited and Manakin Industries, LLC,
were derived in part from the rates from
Dingsheng HK, the correction also
changes the rate for these companies
from 80.97 percent ad valorem to 80.52
percent ad valorem.
Countervailing Duty Orders
In accordance with section
705(b)(1)(A)(i) and 705(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 by
reason of subsidized imports of
aluminum foil from China. Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing this CVD 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 countervailing duties.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct United States Customs and
Border Protection (CBP) to assess, upon
further instruction by Commerce,
countervailing duties equal to the net
countervailable subsidy rates, for all
relevant entries of aluminum foil from
China. Upon further instruction by
Commerce, countervailing duties will be
assessed on unliquidated entries of
aluminum foil from China entered, or
withdrawn from warehouse, for
consumption on or after August 14,
2017, the date of publication of the
Preliminary Determination.8
Amended Cash Deposits and
Suspension of Liquidation
In accordance with section 706 of the
Act, we will instruct CBP to suspend
liquidation on all relevant entries of
aluminum foil from China, as further
described below. These instructions
suspending liquidation will remain in
effect until further notice. Commerce
will also instruct CBP to require cash
deposits equal to the amounts as
indicated below. Accordingly, effective
7 Id.
8 See Certain Aluminum Foil from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, 82 FR 37844
(August 14, 2017) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum). However, as
described further below, entries that occurred after
the expiration of the provisional measures period,
and prior to publication of the ITC’s final injury
determination, are not subject to countervailing
duties.
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17361
on the date of publication of the ITC’s
final affirmative injury determination,
CBP will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
subsidy rates listed below.9 The allothers rate applies to all producers or
exporters not specifically listed, as
appropriate.
Company
Dingsheng Aluminum Industries
(Hong Kong) Trading Co.,
Ltd 10 .......................................
Jiangsu Zhongji Lamination Materials Co., Ltd 11 .....................
Loften Aluminum (Hong Kong)
Limited .....................................
Manakin Industries, LLC 12 .........
All-Others ....................................
Subsidy
rate
(percent)
20.10
17.14
80.52
80.52
18.62
Provisional Measures
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary CVD
determination may not remain in effect
for more than four months. In the
underlying investigation, Commerce
published the Preliminary
Determination on August 14, 2017.
Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on December 12, 2017. Furthermore,
section 707(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination. Therefore, in accordance
with section 703(d) of the Act and our
practice, we instructed CBP to terminate
the suspension of liquidation and to
liquidate, without regard to duties,
9 See
section 706(a)(3) of the Act.
discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Dingsheng HK:
Jiangsu Dingsheng New Materials Joint-Stock Co.,
Ltd.; Hangzhou Teemful Aluminum Co., Ltd.;
Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou
DingCheng Aluminum Co., Ltd.; Luoyang Longding
Aluminum Co., Ltd.; Hangzhou Dingsheng
Industrial Group Co., Ltd.; Hangzhou Dingsheng
Import & Export Co., Ltd.; and Walson (HK) Trading
Co., Limited.
11 As discussed in the Preliminary Decision
Memorandum, Commerce has found the following
companies to be cross-owned with Zhongji:
Shantou Wanshun Package Material Stock Co., Ltd.;
Jiangsu Huafeng Aluminum Industry Co., Ltd.; and
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.
12 As discussed in the Preliminary Decision
Memorandum, Commerce finds that Manakin
Industries and Suzhou Manakin Aluminum
Processing Technology Co., Ltd., effectively
function by joint operation as a trading company.
Therefore, the rate for Manakin Industries also
applies to Suzhou Manakin Aluminum Processing
Technology Co., Ltd. For additional information,
see Preliminary Decision Memorandum and Final
Decision Memorandum.
10 As
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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;
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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
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]]>Agencies
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08116]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Amended Final Affirmative Countervailing Duty Determination and
Countervailing 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 a countervailing duty (CVD) order on certain
aluminum foil (aluminum foil) from the People's Republic of China
(China). In addition, Commerce is amending its final CVD determination
with respect to aluminum foil from China, to correct ministerial
errors.
DATES: Applicable April 19, 2018.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-3813.
SUPPLEMENTARY INFORMATION:
Period of Investigation: The period of investigation (POI) is
January 1, 2016, through December 31, 2016.
Background
In accordance with sections 705(a), 705(d), and 777(i)(1) of the
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on
March 5, 2018, Commerce published in the Federal Register an
affirmative final determination in the CVD investigation of aluminum
foil from China.\1\ Interested parties submitted timely filed
allegations that Commerce made certain ministerial errors in the final
CVD determination of aluminum foil from China. Section 705(e) of the
Act and 19 CFR 351.224(f) define ministerial errors as errors in
addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the like, and any
other type of unintentional error which the administering authority
considers ministerial. We reviewed the allegations and determined that
we made certain
[[Page 17361]]
ministerial errors. See ``Amendment to the Final Determination''
section below for further discussion.
---------------------------------------------------------------------------
\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 (Final Decision Memorandum).
---------------------------------------------------------------------------
On April 9, 2018, the ITC notified Commerce of its affirmative
determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of
the Act, that an industry in the United States is materially injured by
reason of subsidized imports of aluminum foil from China.\2\
---------------------------------------------------------------------------
\2\ See Letter from the ITC to Commerce, 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 this order, see the Appendix
to this notice.
Amendment to the Final Determination
On March 5, 2018, the petitioners \3\ and Dingsheng Aluminum
Industries (Hong Kong) Trading Co., Ltd. (Dingsheng HK) timely alleged
that the Final Determination contained certain ministerial errors, and
requested that Commerce correct such errors. No rebuttal comments were
submitted.
---------------------------------------------------------------------------
\3\ The petitioners to this investigation are the Aluminum
Association Trade Enforcement Working Group (the petitioners).
---------------------------------------------------------------------------
Commerce reviewed the record and, on April 3, 2018, agreed that the
errors referenced in the petitioners' and Dingsheng HK's allegations
constitute ministerial errors within the meaning of 705(e) of the Act
and 19 CFR 351.224(f).\4\ Commerce found that it made errors in
calculating Dingsheng HK's benefit under the Policy Lending for
Aluminum Foil and Government Provision of Primary Aluminum for Less
Than Adequate Remuneration programs, and these errors were contrary to
our methodological intention.\5\ Pursuant to 19 CFR 351.224(e),
Commerce is amending the Final Determination to reflect the correction
of the ministerial errors described above. Based on our correction of
the ministerial errors in Dingsheng HK's calculation, the subsidy rate
for Dingsheng HK increased from 19.98 percent ad valorem to 20.10
percent ad valorem.\6\ Because the ``all-others'' rate is based, in
part, on Dingsheng HK's ad valorem subsidy rate, the correction noted
above also increases the ``all-others'' rate determined in the Final
Determination from 18.56 percent ad valorem to 18.62 percent ad
valorem.\7\ Because the rates for Loften Aluminum (Hong Kong) Limited
and Manakin Industries, LLC, were derived in part from the rates from
Dingsheng HK, the correction also changes the rate for these companies
from 80.97 percent ad valorem to 80.52 percent ad valorem.
---------------------------------------------------------------------------
\4\ See Memorandum ``Ministerial Error Allegations Concerning
Final Affirmative Countervailing Duty Determination,'' dated April
3, 2018.
\5\ Id.
\6\ Id.
\7\ Id.
---------------------------------------------------------------------------
Countervailing Duty Orders
In accordance with section 705(b)(1)(A)(i) and 705(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 by reason of subsidized imports of aluminum foil
from China. Therefore, in accordance with section 705(c)(2) of the Act,
we are issuing this CVD 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 countervailing duties.
As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct United States Customs
and Border Protection (CBP) to assess, upon further instruction by
Commerce, countervailing duties equal to the net countervailable
subsidy rates, for all relevant entries of aluminum foil from China.
Upon further instruction by Commerce, countervailing duties will be
assessed on unliquidated entries of aluminum foil from China entered,
or withdrawn from warehouse, for consumption on or after August 14,
2017, the date of publication of the Preliminary Determination.\8\
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\8\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination, 82
FR 37844 (August 14, 2017) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum (Preliminary Decision
Memorandum). However, as described further below, entries that
occurred after the expiration of the provisional measures period,
and prior to publication of the ITC's final injury determination,
are not subject to countervailing duties.
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Amended Cash Deposits and Suspension of Liquidation
In accordance with section 706 of the Act, we will instruct CBP to
suspend liquidation on all relevant entries of aluminum foil from
China, as further described below. These instructions suspending
liquidation will remain in effect until further notice. Commerce will
also instruct CBP to require cash deposits equal to the amounts as
indicated below. Accordingly, effective on the date of publication of
the ITC's final affirmative injury determination, CBP will require, at
the same time as importers would normally deposit estimated duties on
this subject merchandise, a cash deposit equal to the subsidy rates
listed below.\9\ The all-others rate applies to all producers or
exporters not specifically listed, as appropriate.
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\9\ See section 706(a)(3) of the Act.
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Subsidy
Company rate
(percent)
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Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd 20.10
\10\.......................................................
Jiangsu Zhongji Lamination Materials Co., Ltd \11\.......... 17.14
Loften Aluminum (Hong Kong) Limited......................... 80.52
Manakin Industries, LLC \12\................................ 80.52
All-Others.................................................. 18.62
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Provisional Measures
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary CVD determination may not remain
in effect for more than four months. In the underlying investigation,
Commerce published the Preliminary Determination on August 14, 2017.
Therefore, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on December 12,
2017. Furthermore, section 707(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination. Therefore, in accordance with section 703(d) of
the Act and our practice, we instructed CBP to terminate the suspension
of liquidation and to liquidate, without regard to duties,
[[Page 17362]]
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.
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\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Dingsheng HK: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.;
Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star Aluminum
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang Longding
Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co., Ltd.;
Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK)
Trading Co., Limited.
\11\ As discussed in the Preliminary Decision Memorandum,
Commerce has found the following companies to be cross-owned with
Zhongji: Shantou Wanshun Package Material Stock Co., Ltd.; Jiangsu
Huafeng Aluminum Industry Co., Ltd.; and Jiangsu Zhongji Lamination
Materials Co., (HK) Ltd.
\12\ As discussed in the Preliminary Decision Memorandum,
Commerce finds that Manakin Industries and Suzhou Manakin Aluminum
Processing Technology Co., Ltd., effectively function by joint
operation as a trading company. Therefore, the rate for Manakin
Industries also applies to Suzhou Manakin Aluminum Processing
Technology Co., Ltd. For additional information, see Preliminary
Decision Memorandum and Final Decision Memorandum.
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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
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. 2018-08116 Filed 4-18-18; 8:45 am]
BILLING CODE 3510-DS-P
