Certain Aluminum Foil from the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Countervailing Duty Investigation, and Notice of Amended Final Determination and Amended Countervailing Duty Order, 47730-47731 [2020-17167]

Download as PDF 47730 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–877–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 230 S Dearborn, Suite 2120, Chicago, IL 60604. They may also be faxed to the Commission at (312) 353–8324, or emailed to Corrine Sanders at csanders@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (312) 353– 8311. 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[FR Doc. 2020–17210 Filed 8–5–20; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration jbell on DSKJLSW7X2PROD with NOTICES [C–570–054] Certain Aluminum Foil from the People’s Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Countervailing Duty Investigation, and Notice of Amended Final Determination and Amended Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 On March 24, 2020, the United States Court of International Trade (CIT) issued its final judgment in Jiangsu Zhongji Lamination Materials Co., Ltd. v. United States, Court No. 18– 00089, sustaining the Department of Commerce (Commerce)’s remand redetermination concerning the final determination in the countervailing duty (CVD) investigation of certain aluminum foil (aluminum foil) from the People’s Republic of China (China), covering the period of investigation (POI) January 1, 2016 through December 31, 2016. Commerce is notifying the public that the CIT’s final judgment is not in harmony with the Amended Final Determination and Order of the investigation and that Commerce is amending the Amended Final Determination and Order with respect to the CVD cash deposit rate assigned to Jiangsu Zhongji Lamination Materials Co., Ltd., Shantou Wanshun Package Material Stock Co., Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd., and Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (collectively, Zhongji) and all other companies. DATES: Applicable April 3, 2020. FOR FURTHER INFORMATION CONTACT: 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) 482–3019. SUPPLEMENTARY INFORMATION: SUMMARY: Background On March 5, 2018, Commerce published the Final Determination, finding, inter alia, that Zhongji used the Export Buyer’s Credit Program and failed to meet the criteria for an entered value adjustment.1 Commerce published an Amended Final Determination and Order resulting from the investigation on April 19, 2018.2 Zhongji challenged the Amended Final Determination and Order before the CIT. On September 18, 2019, the CIT remanded Commerce’s determination for further analysis, instructing the parties to contemplate a solution to the impasse and to confer for the Export Buyer’s Credit Program, and instructing Commerce to identify the information that Commerce uncovered at verification that caused Commerce to 1 See Countervailing Duty Investigation of Certain Aluminum Foil from the People’s Republic of China: Final Affirmative Determination, 83 FR 9274 (March 5, 2018) (Final Determination), and accompanying Issues and Decision Memorandum. 2 See Certain Aluminum Foil from the People’s Republic of China: Amended Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Amended Final Determination and Order). PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 find unsupported Zhongji’s request for an entered value adjustment (EVA).3 Commerce issued a redetermination on remand, under protest, explaining Commerce’s position that Commerce cannot accurately verify use of the Export Buyer’s Credit Program without the cooperation of the Government of China, but nevertheless finding that Zhongji did not use the Export Buyer’s Credit Program, in light of the CIT’s remands on the issue.4 Additionally, in its redetermination, Commerce addressed how information discovered at verification supported its finding that Zhongji’s request for an EVA is unsupported, however, because Zhongji was not provided notice that Commerce intended to reconsider its EVA methodology for the Final Determination, Commerce determined it appropriate to grant Zhongji’s EVA request. On March 24, 2020, the Court sustained the Remand Results.5 Timken Notice In its decision in Timken,6 as clarified by Diamond Sawblades,7 the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of a court decision that is not ‘‘in harmony’’ with a Commerce determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s March 24, 2020, judgment in this case constitutes a final decision of the court that is not in harmony with Commerce’s Amended Final Determination and Order. This notice is published in fulfillment of the publication requirements of Timken. Amended Final Determination and Order Because there is now a final court decision, Commerce is amending its Amended Final Determination and Order. Commerce finds that the revised countervailable subsidy rate for Zhongji is 6.46 percent. We have also recalculated the all-others rate to 13.28 percent. 3 See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United States, Court No. 18–00089, Slip Op. 19–122 (CIT September 18, 2019). 4 See Final Results of Redetermination Pursuant to Court Order, Jiangsu Zhongji Lamination Materials Co., Ltd. v. United States, Court No. 18– 00089, dated January 27, 2020 (Remand Results). 5 See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United States, Court No. 18–00089, Slip Op. 20–39 (CIT March 24, 2020). 6 See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. Cir. 1990) (Timken). 7 See Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades). E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / Notices Cash Deposit Requirements Because Zhongji and all other companies do not have superseding cash deposit rates, i.e., there have been no final results published in subsequent administrative reviews for Zhongji and all other companies, Commerce will issue revised cash deposit instructions to Customs and Border Protection. Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act. Dated: July 30, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–17167 Filed 8–5–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–011] Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Rescission of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is rescinding the administrative review of the countervailing duty order on crystalline silicon photovoltaic products (solar products) from the People’s Republic of China (China) for the period of review (POR) January 1, 2019 through December 31, 2019, based on the timely withdrawal of the request for review. DATES: Applicable August 6, 2020. FOR FURTHER INFORMATION CONTACT: Gene Calvert, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3586. SUPPLEMENTARY INFORMATION: AGENCY: jbell on DSKJLSW7X2PROD with NOTICES Background On February 3, 2020, Commerce published the notice of opportunity to request an administrative review of the order on solar products from China for the POR of January 1, 2019 through December 31, 2019.1 On February 28, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 85 FR 5938 (February 3, 2020). VerDate Sep<11>2014 17:13 Aug 05, 2020 Jkt 250001 47731 with the regulations and terms of an APO is a sanctionable violation. 2020, Commerce received a timely-filed request from Maodi Solar Technology (Dongguan) Co., Ltd. (Moadi), an exporter of subject merchandise, with respect to their entries of subject merchandise during the POR.2 Pursuant to this request and in accordance with 19 CFR 351.221(c)(1)(i), Commerce published a notice initiating an administrative review solely of Moadi.3 On April 2, 2020, Moadi withdrew its request for an administrative review.4 Dated: August 3, 2020. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Rescission of Review [FR Doc. 2020–17186 Filed 8–5–20; 8:45 am] Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Moadi withdrew its request for review. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review in its entirety. Assessment Commerce will instruct U.S. Customs and Border Protection (CBP) to assess countervailing duties on all appropriate entries of solar products from China. Countervailing duties shall be assessed at rates equal to the cash deposit of estimated countervailing duties required at the time of entry, or withdrawal from warehouse, for consumption in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue appropriate assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. Administrative Protective Orders Notification to Interested Parties This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) has received requests to conduct administrative reviews of various antidumping duty (AD) and countervailing duty (CVD) orders and findings with June anniversary dates. In accordance with Commerce’s regulations, we are initiating those administrative reviews. DATES: Applicable August 6, 2020. FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: AGENCY: This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply Background Commerce has received timely requests, in accordance with 19 CFR 351.213(b), for administrative reviews of various AD and CVD orders and findings with June anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by Commerce discussed below refer to the number of calendar days from the applicable starting time. 2 See Maodi’s Letter, ‘‘Crystalline Silicon Photovoltaic Products From the People’s Republic of China—Request for Administrative Review,’’ dated February 28, 2020. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR 19730, 19741 (April 8, 2020). 4 See Moadi’s Letter, ‘‘Crystalline Silicon Photovoltaic Products From the People’s Republic of China—Withdrawal of Request for Administrative Review,’’ dated April 2, 2020. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify Commerce within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https://access.trade.gov in accordance PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Notices]
[Pages 47730-47731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17167]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil from the People's Republic of China: Notice 
of Court Decision Not in Harmony With the Amended Final Determination 
in the Countervailing Duty Investigation, and Notice of Amended Final 
Determination and Amended Countervailing Duty Order

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

SUMMARY: On March 24, 2020, the United States Court of International 
Trade (CIT) issued its final judgment in Jiangsu Zhongji Lamination 
Materials Co., Ltd. v. United States, Court No. 18-00089, sustaining 
the Department of Commerce (Commerce)'s remand redetermination 
concerning the final determination in the countervailing duty (CVD) 
investigation of certain aluminum foil (aluminum foil) from the 
People's Republic of China (China), covering the period of 
investigation (POI) January 1, 2016 through December 31, 2016. Commerce 
is notifying the public that the CIT's final judgment is not in harmony 
with the Amended Final Determination and Order of the investigation and 
that Commerce is amending the Amended Final Determination and Order 
with respect to the CVD cash deposit rate assigned to Jiangsu Zhongji 
Lamination Materials Co., Ltd., Shantou Wanshun Package Material Stock 
Co., Ltd., Jiangsu Huafeng Aluminum Industry Co., Ltd., and Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd. (collectively, Zhongji) and 
all other companies.

DATES: Applicable April 3, 2020.

FOR FURTHER INFORMATION CONTACT: 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) 482-3019.

SUPPLEMENTARY INFORMATION:

Background

    On March 5, 2018, Commerce published the Final Determination, 
finding, inter alia, that Zhongji used the Export Buyer's Credit 
Program and failed to meet the criteria for an entered value 
adjustment.\1\ Commerce published an Amended Final Determination and 
Order resulting from the investigation on April 19, 2018.\2\ Zhongji 
challenged the Amended Final Determination and Order before the CIT. On 
September 18, 2019, the CIT remanded Commerce's determination for 
further analysis, instructing the parties to contemplate a solution to 
the impasse and to confer for the Export Buyer's Credit Program, and 
instructing Commerce to identify the information that Commerce 
uncovered at verification that caused Commerce to find unsupported 
Zhongji's request for an entered value adjustment (EVA).\3\ Commerce 
issued a redetermination on remand, under protest, explaining 
Commerce's position that Commerce cannot accurately verify use of the 
Export Buyer's Credit Program without the cooperation of the Government 
of China, but nevertheless finding that Zhongji did not use the Export 
Buyer's Credit Program, in light of the CIT's remands on the issue.\4\ 
Additionally, in its redetermination, Commerce addressed how 
information discovered at verification supported its finding that 
Zhongji's request for an EVA is unsupported, however, because Zhongji 
was not provided notice that Commerce intended to reconsider its EVA 
methodology for the Final Determination, Commerce determined it 
appropriate to grant Zhongji's EVA request. On March 24, 2020, the 
Court sustained the Remand Results.\5\
---------------------------------------------------------------------------

    \1\ See Countervailing Duty Investigation of Certain Aluminum 
Foil from the People's Republic of China: Final Affirmative 
Determination, 83 FR 9274 (March 5, 2018) (Final Determination), and 
accompanying Issues and Decision Memorandum.
    \2\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Amended 
Final Determination and Order).
    \3\ See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, Slip Op. 19-122 (CIT September 18, 
2019).
    \4\ See Final Results of Redetermination Pursuant to Court 
Order, Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, dated January 27, 2020 (Remand Results).
    \5\ See Jiangsu Zhongji Lamination Materials Co., Ltd. v. United 
States, Court No. 18-00089, Slip Op. 20-39 (CIT March 24, 2020).
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Timken Notice

    In its decision in Timken,\6\ as clarified by Diamond Sawblades,\7\ 
the Court of Appeals for the Federal Circuit (CAFC) held that, pursuant 
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the 
Act), Commerce must publish a notice of a court decision that is not 
``in harmony'' with a Commerce determination and must suspend 
liquidation of entries pending a ``conclusive'' court decision. The 
CIT's March 24, 2020, judgment in this case constitutes a final 
decision of the court that is not in harmony with Commerce's Amended 
Final Determination and Order. This notice is published in fulfillment 
of the publication requirements of Timken.
---------------------------------------------------------------------------

    \6\ See Timken Co. v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \7\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
---------------------------------------------------------------------------

Amended Final Determination and Order

    Because there is now a final court decision, Commerce is amending 
its Amended Final Determination and Order. Commerce finds that the 
revised countervailable subsidy rate for Zhongji is 6.46 percent. We 
have also re-calculated the all-others rate to 13.28 percent.

[[Page 47731]]

Cash Deposit Requirements

    Because Zhongji and all other companies do not have superseding 
cash deposit rates, i.e., there have been no final results published in 
subsequent administrative reviews for Zhongji and all other companies, 
Commerce will issue revised cash deposit instructions to Customs and 
Border Protection.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(c)(1) and (e), 705(c)(1)(B), and 777(i)(1) of the Act.

    Dated: July 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-17167 Filed 8-5-20; 8:45 am]
BILLING CODE 3510-DS-P

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