Certain Aluminum Foil From the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2017-2018, 38861-38863 [2020-13971]
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Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
Members of the public may submit
written comments concerning TFAC
affairs at any time before or after a
meeting. Comments may be submitted
to TFAC DFO Yuki Fujiyama, at the
contact information indicated above. All
comments and statements received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure.
Michael Fuchs,
Acting Director, Office of Finance and
Insurance Industries, Industry & Analysis,
International Trade Administration, U.S.
Department of Commerce.
[FR Doc. 2020–13980 Filed 6–26–20; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–054]
Certain Aluminum Foil From the
People’s Republic of China:
Preliminary Results of the
Countervailing Duty Administrative
Review and Rescission of Review, in
Part; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
certain aluminum foil (aluminum foil)
from the People’s Republic of China
(China). The period of review is August
14, 2017 through December 31, 2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas, Tyler Weinhold or John
McGowan, 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) 482–3813,
(202) 482–1121 or (202) 482–3019,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
Background
On June 13, 2019, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty (CVD) order 1 on
1 See Certain Aluminum Foil from the People’s
Republic of China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 17360 (April 19,
2018) (Order).
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20:25 Jun 26, 2020
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aluminum foil from China.2 On July 15,
2019, Commerce published a correction
of the original Initiation Notice to list
the correct period of review (POR).3
Pursuant to the Corrected Initiation
Notice, the correct POR is August 14,
2017 through December 31, 2018.4 On
December 2, 2020, Commerce fully
extended the preliminary results
deadline until April 29, 2020.5 On April
24, 2020, Commerce tolled all deadlines
in administrative reviews by 50 days,
thereby further extending the deadline
for these results until June 18, 2020.6
Based on timely requests for
withdrawal of administrative review,
Commerce intends to partially rescind
the administrative review of 14
entities.7 Therefore, concurrently with
these preliminary results, we are
rescinding the review with respect to
these companies.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.8 A list of topics
discussed in the Preliminary Decision
Memorandum is included at the
Appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
27587 (June 13, 2019) (Initiation Notice).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019) (Corrected Initiation Notice).
4 See Corrected Initiation Notice, 84 FR at 33753.
5 See Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Extension of
Deadline for Preliminary Results of Countervailing
Duty Administrative Review; 08/14/2017—12/31/
2018,’’ dated December 2, 2019.
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 Shandong Yuanrui’s Letter, ‘‘Withdrawal of
Review Request and Withdrawal as Counsel in the
Administrative Review of the Countervailing Duty
Order on Aluminum Foil from the People’s
Republic of China (C–570–054),’’ dated June 24,
2019; Petitioner’ Letter, ‘‘First Administrative
Review of Countervailing Duty Order on Certain
Aluminum Foil from the People’s Republic of
China—Petitioners’ Withdrawal of Certain Requests
for Administrative Reviews,’’ dated July 15, 2019;
and Petitioner’s Letter, ‘‘1st Administrative Review
of the Countervailing Duty Order on Certain
Aluminum Foil from the People’s Republic of
China—Petitioners’ Partial Withdrawal of Review
Requests,’’ dated September 11, 2019.
8 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review of Certain Aluminum Foil
from the People’s Republic of China,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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38861
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The product covered by the Order is
aluminum foil from China. For a
complete description of the scope of the
Order, see Appendix I.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(l)(A)
of the Tariff Act of 1930, as amended
(the Act). For each of the subsidy
programs found countervailable, we
preliminarily determine that there is a
subsidy, i.e., a government-provided
financial contribution that gives rise to
a benefit to the recipient, and that the
subsidy is specific.9 For a full
description of the methodology
underlying our conclusions, see the
accompanying Preliminary Decision
Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available and, because it finds that the
Government of China did not act to the
best of its ability to respond to
Commerce’s requests for information, it
drew an adverse inference where
appropriate in selecting from among the
facts otherwise available. For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memorandum.
Rescission of Administrative Review, in
Part
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraw the request
within 90 days of the publication date
of the notice of initiation of the
requested review. As noted above, all
requests for administrative review were
timely withdrawn for certain
companies. Therefore, in accordance
with 19 CFR 351.213(d)(1), we are
rescinding this administrative review
with respect to: Alcha International
Holdings Limited; Baotou Alcha
Aluminum Co., Ltd.; Granges
Aluminum (Shanghai) Co., Ltd.;
Guangxi Baise Xinghe Aluminum
Industry Co., Ltd.; Huafon Nikkei
Aluminium Corporation; Jiangsu Alcha
Aluminum Co., Ltd.; Jiangyin Dolphin
9 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\29JNN1.SGM
29JNN1
38862
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
Pack Ltd. Co.; Luoyang Longding
Aluminium Industries Co., Ltd.;
Shandong Yuanrui Metal Material Co.,
Ltd.; Suntown Technology Group
Limited; Yantai Donghai Aluminum
Foil Co., Ltd.; Yantai Jintai International
Trade Co., Ltd.; Yinbang Clad Material
Co., Ltd.; and Zhejiang Zhongjin
Aluminum Industry Co., Ltd.
Preliminary Results
Commerce preliminarily determines
that, during the POR, the following
estimated countervailable subsidy rates
exist:
Company
Jiangsu Zhongji Lamination Materials Co., Ltd 10 ...................................................................................................
Xiamen Xiashun Aluminum Foil Co., Ltd ................................................................................................................
Dingsheng Aluminum Industries (Hong Kong) Trading Co. Ltd 11 * ........................................................................
Hunan Suntown Marketing Limited * .......................................................................................................................
Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd * .................................................................
Shanghai Shenyan Packaging Materials Co., Ltd * .................................................................................................
SNTO International Trade Limited * .........................................................................................................................
Suzhou Manakin Aluminum Processing Technology Co., Ltd 12 * ..........................................................................
Subsidy rate—
2017
(percent
ad valorem)
Subsidy rate—
2018
(percent
ad valorem)
45.31
17.04
31.55
31.55
31.55
31.55
31.55
31.55
48.26
19.87
41.82
41.82
41.82
41.82
41.82
41.82
10 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with Jiangsu
Zhongji Lamination Materials Co., Ltd.: Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Zhongji HK); Jiangsu Huafeng Aluminum Industry
Co. Ltd (Jiangsu Huafeng); Shantou Wanshun Material Stock Co., Ltd. (Shantou Wanshun); and Anhui Maximum Aluminum Industries Company
Limited (Anhui Maximum). The subsidy rates apply to all cross-owned companies.
11 We note that in the investigation, Commerce found the following companies to be cross-owned with Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd.: 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. The subsidy rates apply to all cross-owned
companies.
An ‘‘*’’ denotes that the company listed in the table is a non-selected company under review.
12 We note that in the investigation, Commerce found the following company to be cross-owned with Suzhou Manakin Aluminum Processing
Technology Co., Ltd.: Manakin Industries, LLC. The subsidy rates apply to the cross-owned company.
Assessment Rates
Consistent with section 751(a)(2)(C) of
the Act, upon issuance of the final
results, Commerce shall determine, and
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries covered by this
review. We intend to issue instructions
to CBP 15 days after publication of the
final results of this review. Commerce
intends to issue appropriate assessment
instructions directly to CBP 15 days
after publication of this notice.
jbell on DSKJLSW7X2PROD with NOTICES
Cash Deposit Rates
Pursuant to section 751(a)(1) of the
Act, Commerce intends to instruct CBP
to collect cash deposits of estimated
countervailing duties in the amount
indicated above with regard to
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposit
instructions, when imposed, shall
remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this
proceeding the calculations performed
in reaching the preliminary results
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20:25 Jun 26, 2020
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within five days of the date of
publication of these preliminary
results.13 Interested parties may submit
written comments (case briefs) within
30 days of publication of the
preliminary results and rebuttal
comments (rebuttal briefs) within seven
days after the time limit for filing case
briefs.14 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit
arguments are requested to submit with
the argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
authorities.15 Note that Commerce has
modified certain of its requirements for
serving documents containing business
proprietary information, until July 17,
2020, unless extended.16
Interested parties who wish to request
a hearing must do so within 30 days of
publication of these preliminary results
by submitting a written request to the
Assistant Secretary for Enforcement and
Compliance using Enforcement and
Compliance’s ACCESS system.17
Requests should contain the party’s
name, address, and telephone number,
19 CFR 224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
15 See 19 CFR 351.309(c)(2) and 351.309(d)(2).
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
17 See 19 CFR 351.310(c).
the number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
will inform parties of the scheduled
date of the hearing.18 Issues addressed
during the hearing will be limited to
those raised in the briefs.19 Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
Parties are reminded that all briefs
and hearing requests must be filed
electronically using ACCESS and
received successfully in their entirety by
5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, Commerce intends to issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213 and 351.221(b)(4).
13 See
14 See
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18 See
19 See
E:\FR\FM\29JNN1.SGM
19 CFR 351.310.
19 CFR 351.310(c).
29JNN1
Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Notices
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
DEPARTMENT OF COMMERCE
Appendix I
[RTID 0648–XA251]
Scope of the Order
Pacific Fishery Management Council;
Public Meeting
National Oceanic and Atmospheric
Administration
The merchandise covered by the 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.
Excluded from the scope of this Order is
aluminum foil that is backed with paper,
paperboard, plastics, or similar backing
materials on only one side of the aluminum
foil, as well as etched capacitor foil and
aluminum foil that is cut to shape.
Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above. The products covered by 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 the Order 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 the Order is
dispositive.
Appendix II
jbell on DSKJLSW7X2PROD with NOTICES
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in
Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China’s Economy
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and
Input, Land, and Electricity Benchmarks
IX. Use of Facts Otherwise Available and
Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
[FR Doc. 2020–13971 Filed 6–26–20; 8:45 am]
BILLING CODE 3510–DS–P
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council,
Council) will hold an online meeting of
its Scientific and Statistical Committee
(SSC) Coastal Pelagic Species
Subcommittee to review model
specifications regarding the Pacific
sardine rebuilding plan Rebuilder tool.
This meeting is open to the public.
DATES: The online meeting will be held
Wednesday, July 15, 2020 through
Thursday, July 16, 2020. The meeting
will run 8:30 a.m. to 1 p.m. Pacific
Daylight Time each day, or until
business for the day has been
completed.
ADDRESSES: The meeting will be held as
an online meeting. Specific meeting
information, including directions on
how to join the meeting and system
requirements will be provided in the
meeting announcement on the Pacific
Council’s website (see
www.pcouncil.org). You may send an
email to Mr. Kris Kleinschmidt
(kris.kleinschmidt@noaa.gov) or contact
him at (503) 820–2412 for technical
assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT:
Kerry Griffin, Pacific Council;
telephone: (503) 820–2409.
SUPPLEMENTARY INFORMATION: The
estimated biomass of Pacific sardine fell
below the minimum stock size
threshold of 50,000 metric tons, based
on the 2019 stock assessment. The
Council and NMFS are required to
develop a rebuilding plan, which is
scheduled for Council adoption at its
September 2020 meeting. The primary
purpose of the July 15–16 SSC
Subcommittee meeting is to provide
review and advice on developing
proposed rebuilding alternatives relative
to the Pacific sardine rebuilding plan.
Specific objectives will include: (1)
Establishing a stock-recruitment
relationship and associated uncertainty,
(2) establishing Tmin, Tmax, and Bmsy,
SUMMARY:
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38863
(3) setting other model parameters, (4)
application of the rebuilder for the
Council’s rebuilding alternatives, and
(5) reviewing model outputs for the
development and analysis of
alternatives. The meeting will also
include discussion of 2021 stock
assessments for coastal pelagic species.
Other technical aspects of the sardine
rebuilding plan may also be considered,
as appropriate. Members of the
Council’s Coastal Pelagic Species
Management Team are responsible for
developing the sardine rebuilding plan
and are expected to be active
participants in the meeting.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
provided the public has been notified of
the intent to take final action to address
the emergency.
Special Accommodations
Requests for sign language
interpretation or other auxiliary aids
should be directed to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov; (503) 820–2412) at least 10
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 24, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–13964 Filed 6–26–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA244]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Renewal of
U.S. Navy Target and Missile Launch
Activities on San Nicolas Island
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38861-38863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13971]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results of the Countervailing Duty Administrative Review
and Rescission of Review, in Part; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that countervailable subsidies are being provided to producers and
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China). The period of review is August 14, 2017
through December 31, 2018.
DATES: Applicable June 29, 2020.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Tyler Weinhold or John
McGowan, 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-
3813, (202) 482-1121 or (202) 482-3019, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2019, Commerce published a notice of initiation of an
administrative review of the countervailing duty (CVD) order \1\ on
aluminum foil from China.\2\ On July 15, 2019, Commerce published a
correction of the original Initiation Notice to list the correct period
of review (POR).\3\ Pursuant to the Corrected Initiation Notice, the
correct POR is August 14, 2017 through December 31, 2018.\4\ On
December 2, 2020, Commerce fully extended the preliminary results
deadline until April 29, 2020.\5\ On April 24, 2020, Commerce tolled
all deadlines in administrative reviews by 50 days, thereby further
extending the deadline for these results until June 18, 2020.\6\
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation
Notice).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019) (Corrected
Initiation Notice).
\4\ See Corrected Initiation Notice, 84 FR at 33753.
\5\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 08/14/2017--12/31/2018,''
dated December 2, 2019.
\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.
---------------------------------------------------------------------------
Based on timely requests for withdrawal of administrative review,
Commerce intends to partially rescind the administrative review of 14
entities.\7\ Therefore, concurrently with these preliminary results, we
are rescinding the review with respect to these companies.
---------------------------------------------------------------------------
\7\ See Shandong Yuanrui's Letter, ``Withdrawal of Review
Request and Withdrawal as Counsel in the Administrative Review of
the Countervailing Duty Order on Aluminum Foil from the People's
Republic of China (C-570-054),'' dated June 24, 2019; Petitioner'
Letter, ``First Administrative Review of Countervailing Duty Order
on Certain Aluminum Foil from the People's Republic of China--
Petitioners' Withdrawal of Certain Requests for Administrative
Reviews,'' dated July 15, 2019; and Petitioner's Letter, ``1st
Administrative Review of the Countervailing Duty Order on Certain
Aluminum Foil from the People's Republic of China--Petitioners'
Partial Withdrawal of Review Requests,'' dated September 11, 2019.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\8\
A list of topics discussed in the Preliminary Decision Memorandum is
included at the Appendix to this notice. The Preliminary Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Countervailing Duty Administrative Review of Certain
Aluminum Foil from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order
The product covered by the Order is aluminum foil from China. For a
complete description of the scope of the Order, see Appendix I.
Methodology
Commerce is conducting this review in accordance with section
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we preliminarily
determine that there is a subsidy, i.e., a government-provided
financial contribution that gives rise to a benefit to the recipient,
and that the subsidy is specific.\9\ For a full description of the
methodology underlying our conclusions, see the accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\9\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available and, because it finds that the Government of China
did not act to the best of its ability to respond to Commerce's
requests for information, it drew an adverse inference where
appropriate in selecting from among the facts otherwise available. For
further information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraw the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, all requests for administrative review were timely
withdrawn for certain companies. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to: Alcha International Holdings Limited; Baotou Alcha Aluminum
Co., Ltd.; Granges Aluminum (Shanghai) Co., Ltd.; Guangxi Baise Xinghe
Aluminum Industry Co., Ltd.; Huafon Nikkei Aluminium Corporation;
Jiangsu Alcha Aluminum Co., Ltd.; Jiangyin Dolphin
[[Page 38862]]
Pack Ltd. Co.; Luoyang Longding Aluminium Industries Co., Ltd.;
Shandong Yuanrui Metal Material Co., Ltd.; Suntown Technology Group
Limited; Yantai Donghai Aluminum Foil Co., Ltd.; Yantai Jintai
International Trade Co., Ltd.; Yinbang Clad Material Co., Ltd.; and
Zhejiang Zhongjin Aluminum Industry Co., Ltd.
Preliminary Results
Commerce preliminarily determines that, during the POR, the
following estimated countervailable subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate-- Subsidy rate--
2017 (percent 2018 (percent
Company ad valorem) ad valorem)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials 45.31 48.26
Co., Ltd \10\..........................
Xiamen Xiashun Aluminum Foil Co., Ltd... 17.04 19.87
Dingsheng Aluminum Industries (Hong 31.55 41.82
Kong) Trading Co. Ltd \11\ *...........
Hunan Suntown Marketing Limited *....... 31.55 41.82
Inner Mongolia Liansheng New Energy 31.55 41.82
Material Joint-Stock Co., Ltd *........
Shanghai Shenyan Packaging Materials 31.55 41.82
Co., Ltd *.............................
SNTO International Trade Limited *...... 31.55 41.82
Suzhou Manakin Aluminum Processing 31.55 41.82
Technology Co., Ltd \12\ *.............
------------------------------------------------------------------------
\10\ As discussed in the Preliminary Decision Memorandum, Commerce has
found the following companies to be cross-owned with Jiangsu Zhongji
Lamination Materials Co., Ltd.: Jiangsu Zhongji Lamination Materials
Co., (HK) Ltd. (Zhongji HK); Jiangsu Huafeng Aluminum Industry Co. Ltd
(Jiangsu Huafeng); Shantou Wanshun Material Stock Co., Ltd. (Shantou
Wanshun); and Anhui Maximum Aluminum Industries Company Limited (Anhui
Maximum). The subsidy rates apply to all cross-owned companies.
\11\ We note that in the investigation, Commerce found the following
companies to be cross-owned with Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd.: 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. The subsidy rates apply to all cross-owned
companies.
An ``*'' denotes that the company listed in the table is a non-selected
company under review.
\12\ We note that in the investigation, Commerce found the following
company to be cross-owned with Suzhou Manakin Aluminum Processing
Technology Co., Ltd.: Manakin Industries, LLC. The subsidy rates apply
to the cross-owned company.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act, upon issuance of
the final results, Commerce shall determine, and Customs and Border
Protection (CBP) shall assess, countervailing duties on all appropriate
entries covered by this review. We intend to issue instructions to CBP
15 days after publication of the final results of this review. Commerce
intends to issue appropriate assessment instructions directly to CBP 15
days after publication of this notice.
Cash Deposit Rates
Pursuant to section 751(a)(1) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amount indicated above with regard to shipments of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date of publication of the final results of
this review. For all non-reviewed firms, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific or all-others rate applicable to the
company, as appropriate. These cash deposit instructions, when imposed,
shall remain in effect until further notice.
Disclosure and Public Comment
We will disclose to parties to this proceeding the calculations
performed in reaching the preliminary results within five days of the
date of publication of these preliminary results.\13\ Interested
parties may submit written comments (case briefs) within 30 days of
publication of the preliminary results and rebuttal comments (rebuttal
briefs) within seven days after the time limit for filing case
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case briefs. Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who submit arguments are requested to
submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\15\ Note that
Commerce has modified certain of its requirements for serving documents
containing business proprietary information, until July 17, 2020,
unless extended.\16\
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\13\ See 19 CFR 224(b).
\14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing must do so within
30 days of publication of these preliminary results by submitting a
written request to the Assistant Secretary for Enforcement and
Compliance using Enforcement and Compliance's ACCESS system.\17\
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date of the hearing.\18\ Issues addressed during the hearing
will be limited to those raised in the briefs.\19\ Parties should
confirm by telephone the date, time, and location of the hearing two
days before the scheduled date.
---------------------------------------------------------------------------
\17\ See 19 CFR 351.310(c).
\18\ See 19 CFR 351.310.
\19\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties are reminded that all briefs and hearing requests must be
filed electronically using ACCESS and received successfully in their
entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of
the Act, Commerce intends to issue the final results of this
administrative review, including the results of our analysis of the
issues raised by the parties in their comments, within 120 days after
publication of these preliminary results.
Notification to Interested Parties
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and
351.221(b)(4).
[[Page 38863]]
Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
The merchandise covered by the 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.
Excluded from the scope of this Order is aluminum foil that is
backed with paper, paperboard, plastics, or similar backing
materials on only one side of the aluminum foil, as well as etched
capacitor foil and aluminum foil that is cut to shape.
Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above. The products covered by 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 the Order 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 the Order is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Input, Land, and
Electricity Benchmarks
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
[FR Doc. 2020-13971 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P
