Certain Aluminum Foil From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2017-2019, 37829-37831 [2020-13640]

Download as PDF Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–053] Certain Aluminum Foil From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments, and Partial Rescission; 2017–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily finds that exporters of certain aluminum foil (aluminum foil) from the People’s Republic of China (China) sold subject merchandise in the United States at prices below normal value during the period of review (POR) November 2, 2017 through March 31, 2019. We invite all interested parties to comment on these preliminary results. DATES: Applicable June 24, 2020. FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich 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) 482–1979, or (202) 482–4475, respectively. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On June 13, 2019, Commerce initiated an administrative review of the antidumping duty order on aluminum foil from China,1 in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act).2 The administrative review covers two mandatory respondents: (1) Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd. (collectively, Zhongji),3 and (2) Xiamen Xiashun 1 See Certain Aluminum Foil from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation Notice). 3 In the less-than-fair-value (LTFV) investigation, we collapsed Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd. as a single entity. See Antidumping Duty Investigation of Certain Aluminum Foil from the People’s Republic of VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 Aluminum Foil Co., Ltd. (Xiamen Xiashun). The administrative review also covers 10 other companies that were not selected for individual examination. For details regarding the events that occurred subsequent to the initiation of the review, see the Preliminary Decision Memorandum.4 Pursuant to section 751(a)(3)(A) of the Act, Commerce determined that it was not practicable to complete the preliminary results of this review within the 245 days and postponed the preliminary results by 120 days.5 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until June 18, 2020.6 Scope of the Order The merchandise covered by this administrative review is aluminum foil from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.7 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. We calculated export prices in accordance with section 772 of the Act. Because China is a non-market economy (NME) within the meaning of section 771(18) of the Act, normal value has been calculated in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858 (November 2, 2017), and accompanying Preliminary Decision Memorandum at 16–18, unchanged in 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). We find that record evidence in this administrative review supports continuing to treat these companies as a single entity. See Memorandum, ‘‘Zhongji Analysis for the Preliminary Results,’’ dated concurrently with this notice. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Certain Aluminum Foil from the People’s Republic of China; 2018–2019,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Memorandum, ‘‘Aluminum Foil from the People’s Republic of China: Extension of Time Limit Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated December 18, 2019; see also Memorandum, ‘‘Certain Aluminum Foil from the People’s Republic of China: Extension of Time Limit Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated March 13, 2020. 6 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 7 See Preliminary Decision Memorandum at 4. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 37829 topics included in the Preliminary Decision Memorandum is included at the Appendix to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Separate Rates Commerce preliminarily determines that information placed on the record by Zhongji; Xiamen Xiashun; Alcha International Holdings Limited; Dingsheng Aluminum Industries Hong Kong Trading Co.; Granges Aluminum (Shanghai) Co., Ltd; Hangzhou Dingsheng Import & Export Co., Ltd.; Hunan Suntown Marketing Limited; Jiangsu Alcha Aluminum Co., Ltd.; Shanghai Shenyan Packaging Materials Co.; SNTO International Trade Limited; and Suzhou Manakin Aluminum Processing Technology Co., Ltd. demonstrates that these entities are entitled to separate rate status.8 For additional information, see the Preliminary Decision Memorandum. Preliminary Determination of No Shipments One company that received a separate rate in previous segments of this proceeding and is subject to this review reported that it did not have any exports of subject merchandise during the POR.9 To date, we have not received any contrary information from either U.S. Customs and Border Protection (CBP) in response to our inquiry or any other sources that this company had any shipments of the subject merchandise sold to the United States during the POR.10 Further, consistent with our practice in NME cases, we find that it is not appropriate to rescind the review with respect to this company but, rather, to complete the review and issue 8 See Preliminary Decision Memorandum at 6–9. Jiangsu Dingsheng New Materials JointStock Co., Ltd.’s Letter, ‘‘No Shipment Letter for Jiangsu Dingsheng in the Administrative Review of the Antidumping Duty Order on Aluminum Foil from the People’s Republic of China,’’ dated July 12, 2019. 10 See Memorandum, ‘‘No Shipment Inquiry with Respect to the Companies Below During the Period 11/02/2017 through 03/31/2019,’’ dated May 28, 2020. 9 See E:\FR\FM\24JNN1.SGM 24JNN1 37830 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices appropriate instructions to CBP based on the final results of review.11 China-Wide Entity Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.12 Under this policy, the Chinawide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. Because no party requested a review of the China-wide entity in this review, the entity is not under review and the entity’s rate (i.e., 105.80 percent) is not subject to change.13 Partial Rescission of Review Section 351.213(d)(1) of Commerce’s regulations provides that Commerce will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request for review within 90 days of the date of publication of the notice of initiation of the requested review. Commerce published the initiation of this administrative review on June 13, 2019.14 On September 11, 2019, the Aluminum Association Trade Enforcement Working Group and its individual members 15 withdrew its review request for the following companies: (1) Alcha International Holdings Limited; (2) Baotou Alcha Aluminum Co., Ltd.; (3) Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Hangzhou Five Star Aluminum Co., Ltd.; (5) Hangzhou Teemful Aluminum Co., Ltd.; (6) Huafon Nikkei Aluminum Co., Ltd.; (7) Jiangsu Alcha Aluminum Corporation; (8) Jiangsu Dolphin Pack Co.; (9) Luoyang Longding Aluminum Industries Co., Ltd.; (10) Suntown Technology Group Limited; (11) Walson (HK) Trading Co., Limited; (12) Yuntai Donghai Aluminum Foil Co., Limited; (13) Yuntai Jintai International Trade Co., Ltd; (14) Yinbang Clad; and (15) Zhejiang Zhongjin.16 Because the review requests for each of the 15 companies named above have been timely withdrawn and because no other party has requested a review of these companies, we are rescinding this review with respect to these 15 companies. Adjustments for Export Subsidies Commerce has preliminarily adjusted Zhongji’s and Xiamen Xiashun’s U.S. prices for export subsidies, pursuant to section 772(c)(1)(C) of the Act. Preliminary Results of the Review Commerce preliminarily determines that the following weighted-average dumping margins exist for the period November 2, 2017 through March 31, 2019: Weighted-average margin (percent) Exporter Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd .......................................................................... Xiamen Xiashun Aluminum Foil Co., Ltd ...................................................................................................................................... Alcha International Holdings Limited ............................................................................................................................................. Dingsheng Aluminum Industries Hong Kong Trading Co ............................................................................................................. Granges Aluminum (Shanghai) Co., Ltd ....................................................................................................................................... Hangzhou Dingsheng Import & Export Co., Ltd ............................................................................................................................ Hunan Suntown Marketing Limited ............................................................................................................................................... Jiangsu Alcha Aluminum Co., Ltd ................................................................................................................................................. Shanghai Shenyan Packaging Materials Co ................................................................................................................................. SNTO International Trade Limited ................................................................................................................................................. Manakin Aluminum Processing Technology Co., Ltd ................................................................................................................... For the respondents which are eligible for a separate rate, but not selected for individual examination in this administrative review, we have assigned a margin based on the weighted-average dumping margin calculated for Xiamen Xiashun, the only mandatory respondent with a margin that is not zero, de minimis, or based entirely on adverse facts available, consistent with section 735(c)(3)(A) of the Act. jbell on DSKJLSW7X2PROD with NOTICES Disclosure and Public Comment Commerce intends to disclose the calculations performed for these preliminary results to the parties within five days of the date of publication of this notice, in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 11 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). 12 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 13 See Order, 83 FR at 17363. VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 351.309(c), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, the content of which is limited to issues raised in the case briefs, may be filed no later than seven days after the date for filing case briefs.17 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.18 Case and rebuttal briefs should be filed using ACCESS 19 and must be served on interested parties.20 Executive summaries should be limited to five pages total, including footnotes. Note 14 See Initiation Notice. individual members of the Aluminum Association Trade Enforcement Working Group are: JW Aluminum Company, Novelis Corporation, and Reynolds Consumer Products LLC. 16 See Aluminum Trade Enforcement Working Group’s Letter, ‘‘1st Administrative Review of the Antidumping Duty Order on Certain Aluminum Foil from the People’s Republic of China— 15 The PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 0.00 106.21 106.21 106.21 106.21 106.21 106.21 106.21 106.21 106.21 106.21 that Commerce has modified certain of its requirements for serving documents containing business proprietary information, until July 17, 2020, unless extended.21 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; (3) whether any Petitioner’s Partial Withdrawal of Review Requests,’’ dated September 11, 2019. 17 See 19 CFR 351.309(d). 18 See 19 CFR 351.309(c)(2) and (d)(2). 19 See generally 19 CFR 351.303. 20 See 19 CFR 351.303(f). 21 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 29615 (May 18, 2020). E:\FR\FM\24JNN1.SGM 24JNN1 Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Notices participant is a foreign national; and (4) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.22 If a request for a hearing is made, Commerce intends to hold the hearing at a date and time to be determined.23 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). jbell on DSKJLSW7X2PROD with NOTICES Assessment Rates Upon issuance of the final results, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. If Zhongji’s or Xiamen Xiashun’s weighted-average dumping margin is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, Commerce will calculate importer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).24 For Zhongji and Xiamen Xiashun, Commerce intends to calculate an importer-specific per-unit assessment rate by dividing the amount of dumping for reviewed sales to the importer by the total sales quantity associated with those transactions. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importerspecific assessment rate calculated in the final results of this review is not zero or de minimis. If Zhongji’s or Xiamen Xiashun’s weighted-average dumping margin is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by this review where applicable. For entries that were not reported in the U.S. sales data submitted by companies individually examined during this review, Commerce will instruct CBP to liquidate such entries at 22 See 19 CFR 351.310(c). 19 CFR 351.310(d). 24 See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 23 See VerDate Sep<11>2014 18:20 Jun 23, 2020 Jkt 250001 the rate for the China-wide entity.25 Additionally, if Commerce determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the Chinawide entity.26 We intend to issue instructions to CBP 15 days after the publication date of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the finals results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Zhongji or Xiamen Xiashun will be the rate established in the final results of this review (except, if the ad valorem rate is de minimis, then the cash deposit rate will be zero); (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that have received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific cash deposit rate published for the most recently completed period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own separate rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. 25 See Non-Market Economy Antidumping Proceedings, 76 FR at 65694–95. 26 Id. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 37831 Notification to Interested Parties This administrative review and notice are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: June 17, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Rescission of Review, In Part VI. Discussion of the Methodology VII. Recommendation [FR Doc. 2020–13640 Filed 6–23–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–821–817] Silicon Metal From Russia: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on silicon metal from Russia would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD order. DATES: Applicable June 24, 2020. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 26, 2003, Commerce published the AD order on silicon metal from Russia.1 On June 4, 2019, 1 See Antidumping Duty Order: Silicon Metal from Russia, 68 FR 14578 (March 26, 2003) (AD E:\FR\FM\24JNN1.SGM Continued 24JNN1

Agencies

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37829-37831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13640]



[[Page 37829]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments, and Partial Rescission; 
2017-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
exporters of certain aluminum foil (aluminum foil) from the People's 
Republic of China (China) sold subject merchandise in the United States 
at prices below normal value during the period of review (POR) November 
2, 2017 through March 31, 2019. We invite all interested parties to 
comment on these preliminary results.

DATES: Applicable June 24, 2020.

FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich 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-
1979, or (202) 482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 13, 2019, Commerce initiated an administrative review of 
the antidumping duty order on aluminum foil from China,\1\ in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act).\2\ The administrative review covers two mandatory 
respondents: (1) Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; 
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji 
Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry 
Co., Ltd. (collectively, Zhongji),\3\ and (2) Xiamen Xiashun Aluminum 
Foil Co., Ltd. (Xiamen Xiashun). The administrative review also covers 
10 other companies that were not selected for individual examination. 
For details regarding the events that occurred subsequent to the 
initiation of the review, see the Preliminary Decision Memorandum.\4\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Determination of Sales at Less Than Fair Value 
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \3\ In the less-than-fair-value (LTFV) investigation, we 
collapsed Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; 
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; Jiangsu 
Zhongji Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum 
Industry Co., Ltd. as a single entity. 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), and accompanying Preliminary Decision Memorandum 
at 16-18, unchanged in 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). We find that record evidence in 
this administrative review supports continuing to treat these 
companies as a single entity. See Memorandum, ``Zhongji Analysis for 
the Preliminary Results,'' dated concurrently with this notice.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Aluminum Foil from the People's Republic of China; 2018-2019,'' 
dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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    Pursuant to section 751(a)(3)(A) of the Act, Commerce determined 
that it was not practicable to complete the preliminary results of this 
review within the 245 days and postponed the preliminary results by 120 
days.\5\ On April 24, 2020, Commerce tolled all deadlines in 
administrative reviews by 50 days, thereby extending the deadline for 
these results until June 18, 2020.\6\
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    \5\ See Memorandum, ``Aluminum Foil from the People's Republic 
of China: Extension of Time Limit Deadline for Preliminary Results 
of Antidumping Duty Administrative Review,'' dated December 18, 
2019; see also Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Time Limit Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated March 13, 
2020.
    \6\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order

    The merchandise covered by this administrative review is aluminum 
foil from China. For a complete description of the scope of the Order, 
see the Preliminary Decision Memorandum.\7\
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    \7\ See Preliminary Decision Memorandum at 4.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. We calculated export prices in accordance with 
section 772 of the Act. Because China is a non-market economy (NME) 
within the meaning of section 771(18) of the Act, normal value has been 
calculated in accordance with section 773(c) of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. A list of the 
topics included in the Preliminary Decision Memorandum is included at 
the Appendix to this notice. The Preliminary Decision Memorandum is a 
public document and is made available to the public via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the 
Preliminary Decision Memorandum is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Separate Rates

    Commerce preliminarily determines that information placed on the 
record by Zhongji; Xiamen Xiashun; Alcha International Holdings 
Limited; Dingsheng Aluminum Industries Hong Kong Trading Co.; Granges 
Aluminum (Shanghai) Co., Ltd; Hangzhou Dingsheng Import & Export Co., 
Ltd.; Hunan Suntown Marketing Limited; Jiangsu Alcha Aluminum Co., 
Ltd.; Shanghai Shenyan Packaging Materials Co.; SNTO International 
Trade Limited; and Suzhou Manakin Aluminum Processing Technology Co., 
Ltd. demonstrates that these entities are entitled to separate rate 
status.\8\ For additional information, see the Preliminary Decision 
Memorandum.
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    \8\ See Preliminary Decision Memorandum at 6-9.
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Preliminary Determination of No Shipments

    One company that received a separate rate in previous segments of 
this proceeding and is subject to this review reported that it did not 
have any exports of subject merchandise during the POR.\9\ To date, we 
have not received any contrary information from either U.S. Customs and 
Border Protection (CBP) in response to our inquiry or any other sources 
that this company had any shipments of the subject merchandise sold to 
the United States during the POR.\10\ Further, consistent with our 
practice in NME cases, we find that it is not appropriate to rescind 
the review with respect to this company but, rather, to complete the 
review and issue

[[Page 37830]]

appropriate instructions to CBP based on the final results of 
review.\11\
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    \9\ See Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.'s 
Letter, ``No Shipment Letter for Jiangsu Dingsheng in the 
Administrative Review of the Antidumping Duty Order on Aluminum Foil 
from the People's Republic of China,'' dated July 12, 2019.
    \10\ See Memorandum, ``No Shipment Inquiry with Respect to the 
Companies Below During the Period 11/02/2017 through 03/31/2019,'' 
dated May 28, 2020.
    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\12\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
this review, the entity is not under review and the entity's rate 
(i.e., 105.80 percent) is not subject to change.\13\
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    \12\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \13\ See Order, 83 FR at 17363.
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Partial Rescission of Review

    Section 351.213(d)(1) of Commerce's regulations provides that 
Commerce will rescind an administrative review, in whole or in part, if 
the party that requested the review withdraws its request for review 
within 90 days of the date of publication of the notice of initiation 
of the requested review. Commerce published the initiation of this 
administrative review on June 13, 2019.\14\
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    \14\ See Initiation Notice.
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    On September 11, 2019, the Aluminum Association Trade Enforcement 
Working Group and its individual members \15\ withdrew its review 
request for the following companies: (1) Alcha International Holdings 
Limited; (2) Baotou Alcha Aluminum Co., Ltd.; (3) Guangxi Baise Xinghe 
Aluminum Industry Co., Ltd.; (4) Hangzhou Five Star Aluminum Co., Ltd.; 
(5) Hangzhou Teemful Aluminum Co., Ltd.; (6) Huafon Nikkei Aluminum 
Co., Ltd.; (7) Jiangsu Alcha Aluminum Corporation; (8) Jiangsu Dolphin 
Pack Co.; (9) Luoyang Longding Aluminum Industries Co., Ltd.; (10) 
Suntown Technology Group Limited; (11) Walson (HK) Trading Co., 
Limited; (12) Yuntai Donghai Aluminum Foil Co., Limited; (13) Yuntai 
Jintai International Trade Co., Ltd; (14) Yinbang Clad; and (15) 
Zhejiang Zhongjin.\16\ Because the review requests for each of the 15 
companies named above have been timely withdrawn and because no other 
party has requested a review of these companies, we are rescinding this 
review with respect to these 15 companies.
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    \15\ The individual members of the Aluminum Association Trade 
Enforcement Working Group are: JW Aluminum Company, Novelis 
Corporation, and Reynolds Consumer Products LLC.
    \16\ See Aluminum Trade Enforcement Working Group's Letter, 
``1st Administrative Review of the Antidumping Duty Order on Certain 
Aluminum Foil from the People's Republic of China--Petitioner's 
Partial Withdrawal of Review Requests,'' dated September 11, 2019.
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Adjustments for Export Subsidies

    Commerce has preliminarily adjusted Zhongji's and Xiamen Xiashun's 
U.S. prices for export subsidies, pursuant to section 772(c)(1)(C) of 
the Act.

Preliminary Results of the Review

    Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period November 2, 2017 through 
March 31, 2019:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                         margin (percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./                0.00
 Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
 Jiangsu Zhongji Lamination Materials Co., Ltd./
 Jiangsu Huafeng Aluminum Industry Co., Ltd..........
Xiamen Xiashun Aluminum Foil Co., Ltd................             106.21
Alcha International Holdings Limited.................             106.21
Dingsheng Aluminum Industries Hong Kong Trading Co...             106.21
Granges Aluminum (Shanghai) Co., Ltd.................             106.21
Hangzhou Dingsheng Import & Export Co., Ltd..........             106.21
Hunan Suntown Marketing Limited......................             106.21
Jiangsu Alcha Aluminum Co., Ltd......................             106.21
Shanghai Shenyan Packaging Materials Co..............             106.21
SNTO International Trade Limited.....................             106.21
Manakin Aluminum Processing Technology Co., Ltd......             106.21
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    For the respondents which are eligible for a separate rate, but not 
selected for individual examination in this administrative review, we 
have assigned a margin based on the weighted-average dumping margin 
calculated for Xiamen Xiashun, the only mandatory respondent with a 
margin that is not zero, de minimis, or based entirely on adverse facts 
available, consistent with section 735(c)(3)(A) of the Act.

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to the parties within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b). 
Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice. Rebuttal briefs, the content of which is limited to issues 
raised in the case briefs, may be filed no later than seven days after 
the date for filing case briefs.\17\ Parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.\18\ Case and rebuttal briefs 
should be filed using ACCESS \19\ and must be served on interested 
parties.\20\ Executive summaries should be limited to five pages total, 
including footnotes. Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information, until July 17, 2020, unless extended.\21\
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    \17\ See 19 CFR 351.309(d).
    \18\ See 19 CFR 351.309(c)(2) and (d)(2).
    \19\ See generally 19 CFR 351.303.
    \20\ See 19 CFR 351.303(f).
    \21\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically filed document must be received successfully 
in its entirety by 5:00 p.m. Eastern Time within 30 days after the date 
of publication of this notice. Requests should contain: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
(3) whether any

[[Page 37831]]

participant is a foreign national; and (4) a list of issues parties 
intend to discuss. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.\22\ If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\23\ Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
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    \22\ See 19 CFR 351.310(c).
    \23\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review. If Zhongji's or Xiamen Xiashun's weighted-average 
dumping margin is not zero or de minimis (i.e., less than 0.50 percent) 
in the final results of this review, Commerce will calculate importer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\24\ 
For Zhongji and Xiamen Xiashun, Commerce intends to calculate an 
importer-specific per-unit assessment rate by dividing the amount of 
dumping for reviewed sales to the importer by the total sales quantity 
associated with those transactions. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
when the importer-specific assessment rate calculated in the final 
results of this review is not zero or de minimis. If Zhongji's or 
Xiamen Xiashun's weighted-average dumping margin is zero or de minimis, 
we will instruct CBP to liquidate the appropriate entries without 
regard to antidumping duties. In accordance with section 751(a)(2)(C) 
of the Act, the final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
this review where applicable.
---------------------------------------------------------------------------

    \24\ See Antidumping Proceedings: Calculation of the Weighted 
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

    For entries that were not reported in the U.S. sales data submitted 
by companies individually examined during this review, Commerce will 
instruct CBP to liquidate such entries at the rate for the China-wide 
entity.\25\ Additionally, if Commerce determines that an exporter under 
review had no shipments of the subject merchandise, any suspended 
entries that entered under that exporter's case number (i.e., at that 
exporter's cash deposit rate) will be liquidated at the rate for the 
China-wide entity.\26\ We intend to issue instructions to CBP 15 days 
after the publication date of the final results of this review.
---------------------------------------------------------------------------

    \25\ See Non-Market Economy Antidumping Proceedings, 76 FR at 
65694-95.
    \26\ Id.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
finals results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Zhongji or 
Xiamen Xiashun will be the rate established in the final results of 
this review (except, if the ad valorem rate is de minimis, then the 
cash deposit rate will be zero); (2) for previously investigated or 
reviewed Chinese and non-Chinese exporters not listed above that have 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
cash deposit rate published for the most recently completed period; (3) 
for all Chinese exporters of subject merchandise that have not been 
found to be entitled to a separate rate, the cash deposit rate will be 
the rate for the China-wide entity; and (4) for all non-Chinese 
exporters of subject merchandise which have not received their own 
separate rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter that supplied that non-Chinese exporter. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213 and 351.221(b)(4).

    Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rescission of Review, In Part
VI. Discussion of the Methodology
VII. Recommendation

[FR Doc. 2020-13640 Filed 6-23-20; 8:45 am]
BILLING CODE 3510-DS-P