Certain Aluminum Foil From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2017-2019, 11499-11501 [2021-03838]
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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce’s Final
Determination Should be Provisional
and Whether Commerce Provided
Adequate Time for KPIC’s Response to
the in-Lieu of On-Site Verification
Questionnaire
Comment 2: KPIC’s Home Market Freight
Expense Adjustment
Comment 3: KPIC’s Reported Product
Codes and Product Characteristics
Comment 4: Ministerial Errors in the
Preliminary Determination
Comment 5: Whether the Record
Demonstrates That KPIC Accurately
Reported its Actual Cost of Production
(COP)
Comment 6: Whether Commerce
Reasonably Adjusted KPIC’s Ethylene
COP
V. Recommendation
[FR Doc. 2021–03903 Filed 2–24–21; 8:45 am]
BILLING CODE 3510–DS–P
2020.1 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),2 and (2) Xiamen Xiashun
Aluminum Foil Co., Ltd. (Xiashun). The
administrative review also covers ten
other companies that were not selected
for individual examination.
On July 21, 2020, Commerce tolled all
deadlines for administrative reviews by
60 days.3 On December 15, 2020,
Commerce extended the deadline for the
final results of this administrative
review by 60 days.4 The deadline for the
final results of this review is now
February 19, 2021. For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Scope of the Order 6
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; Final
Determination of No Shipments; 2017–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has analyzed the case and
rebuttal briefs submitted by interested
parties and 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.
AGENCY:
Applicable February 25, 2021.
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: at (202) 482–1979
or (202) 482–4475, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Commerce published the Preliminary
Results of the administrative review of
the antidumping duty order on June 24,
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17:04 Feb 24, 2021
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The merchandise covered by this
administrative review is aluminum foil
from China. For a full description of the
scope, see the Issues and Decision
Memorandum.
1 See 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, 85 FR 37829 (June
24, 2020) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 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.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated December 15, 2020.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People’s Republic
of China; 2017–2019,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
6 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).
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11499
Analysis of Comments Received
All issues raised in interested parties’
briefs are addressed in the Issues and
Decision Memorandum. A list of the
issues raised by interested parties and to
which we responded in the Issues and
Decision Memorandum is provided in
the Appendix to this notice. The Issues
and 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 Issues and Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. The signed and the
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Determination of No Shipments
In the Preliminary Results, we found
no evidence calling into question the
no-shipment claims of Jiangsu
Dingsheng New Materials Joint-Stock
Co., Ltd. No parties commented on this
preliminary decision. For the final
results of this review, we continue to
find that Jiangsu Dingsheng New
Materials Joint-Stock Co., Ltd. had no
shipments of subject merchandise to the
United States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties, Commerce has made two
changes to the Preliminary Results.
First, for Zhongji, we have revised our
calculation of ash/dross to account for
the metal content of the ash/dross.
Second, we have revised our calculation
of an adverse inference with regard to
Xiashun. For a more detailed discussion
of these changes, see the Final Analysis
Memoranda for Zhongji and Xiashun.7
Separate Rate
In the Preliminary Results, we found
that information placed on the record by
Zhongji; 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
7 See Memorandum, ‘‘Final Analysis
Memorandum for Zhongji,’’ dated concurrently
with this memorandum; see also Memorandum,
‘‘Final Analysis Memorandum for Xiashun,’’ dated
concurrently with this memorandum.
E:\FR\FM\25FEN1.SGM
25FEN1
11500
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
Co.; SNTO International Trade Limited;
and Suzhou Manakin Aluminum
Processing Technology Co., Ltd.
demonstrates that these entities are
entitled to separate rate status.8 We
received no comments or arguments
since the issuance of the Preliminary
Results that provide a basis for
reconsideration of these determinations.
Therefore, for these final results, we
continue to find that the companies
listed in the table for the ‘‘final results
of the review’’ section of this notice are
eligible for a separate rate. For a more
detailed discussion of this issue, see
Issues and Decision Memorandum.
Final Results of the Review
Commerce determines that the
following weighted-average dumping
margins exist for the period November
2, 2017, through March 31, 2019:
Weightedaverage 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 ...................................................................................................................................................
Suzhou Manakin Aluminum Processing Technology Co., Ltd ........................................................................................................
For the respondents which are eligible
for a separate rate, but were not selected
for individual examination in this
administrative review, we have assigned
a margin based on the average of the
weighted average dumping margins
calculated for Zhongji and Xiashun,
consistent with section 735(c)(3)(A) of
the Act.
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.9 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.10
Assessment Rates
Commerce shall determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). In accordance with 19 CFR
351.212(b)(1), we have calculated
importer-specific assessment rates for
merchandise subject to this review. We
calculated importer (or customer)specific assessment rates for
merchandise subject to this review on a
8 See Preliminary Results and accompanying
Preliminary Decision Memorandum at 7–10.
9 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
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17:04 Feb 24, 2021
Jkt 253001
23.62
47.57
35.60
35.60
35.60
35.60
35.60
35.60
35.60
35.60
35.60
per-unit (i.e., per-kilogram) basis.
Specifically, we calculated a per-unit
assessment rate by aggregating the
antidumping duties due for all U.S.
sales to that importer (or customer) and
divided this amount by the total
quantity sold to that importer (or
customer) during the POR. To determine
whether the duty assessment rates are
de minimis, in accordance with the
requirement set forth in 19 CFR
351.106(c)(2), we calculate importer- (or
customer-) specific ad valorem ratios
based on the estimated entered value. If
an importer (or customer)-specific
assessment rate is de minimis (i.e., less
than 0.50 percent), Commerce will
instruct CBP to liquidate that importer’s
(or customer’s) entries of subject
merchandise without regard to
antidumping duties.
Consistent with its recent notice,11
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
final results of this review in the
Federal Register. If a timely summons is
filed at the U.S. Court of International
Trade, the assessment instructions will
direct CBP not to liquidate relevant
entries until the time for parties to file
a request for a statutory injunction has
expired (i.e., within 90 days of
publication).
publication of the final results of this
administrative review for shipments of
the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For Xiashun
and Zhongji and for each of the 10
companies identified above as eligible
for a separate rate, the cash deposit rate
will be equal to the weighted-average
dumping margin established in the final
results of this review; (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 completed
segment of the most recent 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 nonChinese 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 nonChinese exporter. These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
Notification to Importers
This notice also serves as a final
reminder to importers of their
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
10 See Order, 83 FR at 17363.
11 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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E:\FR\FM\25FEN1.SGM
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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Notices
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 has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
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 APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
final results of administrative review in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: February 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Proper Sources for Certain
Zhongji Surrogate Values
Comment 2: Allocation of Factory
Overhead Expenses
Comment 3: Modification of Liquidation
Instructions for Certain Zhongji Sales
Comment 4: Zhongji Double Remedies
Adjustment
Comment 5: Application of an Adverse
Inference to Xiashun for 14 Non-Metal
Inputs
Comment 6: Xiashun Run-Around Scrap
Comment 7: Xiashun Market Economy
Inputs
Comment 8: Separate Rate Assigned to
Non-Examined Companies
VI. Recommendation
[FR Doc. 2021–03838 Filed 2–24–21; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
17:04 Feb 24, 2021
Jkt 253001
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–021]
Melamine From the People’s Republic
of China: Final Results of the
Expedited Five-Year Sunset Review of
the Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset
review, the Department of Commerce
(Commerce) finds that revoking the
countervailing duty (CVD) order on
melamine from the People’s Republic of
China (China) would likely lead to
continuation or recurrence of
countervailable subsidies at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Applicable February 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Benjamin A. Smith, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2181.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 28, 2015, Commerce
published in the Federal Register the
CVD Order on melamine from China.1
On November 3, 2020, Commerce
published the notice of initiation of the
first sunset review of the Order,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
November 10, 2020, Commerce received
a notice of intent to participate from
Cornerstone Chemical Company
(Cornerstone, or domestic interested
party), within the deadline specified in
19 CFR 351.218(d)(1)(i).3 Cornerstone
claimed interested party status under
section 771(9)(C) of the Act, as a
domestic producer engaged in the
production of melamine in the United
States.
On November 25, 2020, Commerce
received a substantive response from the
domestic interested party within the 30day deadline specified in 19 CFR
1 See
Melamine from the People’s Republic of
China: Antidumping Duty and Countervailing Duty
Orders, 80 FR 80751 (December 28, 2015) (Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 85
FR 69585 (November 3, 2020).
3 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’)
Review Of Countervailing Duty Order On Melamine
From the People’s Republic Of China: Domestic
Interested Party Notice of Intent to Participate,’’
dated November 10, 2020.
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11501
351.218(d)(3)(i).4 We received no
substantive response from any other
domestic or interested parties in this
proceeding and no hearing was
requested.
On December 23, 2020, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.5 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of this Order.
Scope of the Order
The merchandise subject to the Order
is melamine (Chemical Abstracts
Service (CAS) registry number 108–78–
01, molecular formula C3H6N6).6
Melamine is a crystalline powder or
granule typically (but not exclusively)
used to manufacture melamine
formaldehyde resins. All melamine is
covered by the scope of this order
irrespective of purity, particle size, or
physical form. Melamine that has been
blended with other products is included
within this scope when such blends
include constituent parts that have been
intermingled, but that have not been
chemically reacted with each other to
produce a different product. For such
blends, only the melamine component
of the mixture is covered by the scope
of this order. Melamine that is otherwise
subject to this order is not excluded
when commingled with melamine from
sources not subject to this order. Only
the subject component of such
commingled products is covered by the
scope of this order.
The subject merchandise is provided
for in subheading 2933.61.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheading and CAS registry
number are provided for convenience
and customs purposes, the written
description of the scope is dispositive.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum, which is hereby adopted
by this notice. The Issues and Decision
Memorandum is a public document and
is on file electronically via the
4 See Cornerstone’s Letter, ‘‘Five-Year (‘Sunset’)
Review Of Countervailing Duty Order On Melamine
From The People’s Republic Of China: Domestic
Interested Party Substantive Response,’’ dated
November 25, 2020.
5 See Commerce’s Letter, ‘‘Sunset Reviews for
November 2020,’’ dated December 23, 2020.
6 Melamine is also known as 2,4,6-triamino-striazine; l,3,5-Triazine-2,4,6-triamine;
Cyanurotriamide; Cyanurotriamine; Cyanuramide;
and by various brand names.
E:\FR\FM\25FEN1.SGM
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Agencies
[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11499-11501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03838]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; Final Determination
of No Shipments; 2017-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) has analyzed the case
and rebuttal briefs submitted by interested parties and 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.
DATES: Applicable February 25, 2021.
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: at (202) 482-
1979 or (202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of the administrative
review of the antidumping duty order on June 24, 2020.\1\ 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),\2\ and (2) Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun).
The administrative review also covers ten other companies that were not
selected for individual examination.
---------------------------------------------------------------------------
\1\ See 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, 85 FR 37829 (June 24, 2020) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\2\ 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.
---------------------------------------------------------------------------
On July 21, 2020, Commerce tolled all deadlines for administrative
reviews by 60 days.\3\ On December 15, 2020, Commerce extended the
deadline for the final results of this administrative review by 60
days.\4\ The deadline for the final results of this review is now
February 19, 2021. For a complete description of the events that
occurred since the Preliminary Results, see the Issues and Decision
Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 15, 2020.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
The merchandise covered by this administrative review is aluminum
foil from China. For a full description of the scope, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues raised by
interested parties and to which we responded in the Issues and Decision
Memorandum is provided in the Appendix to this notice. The Issues and
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 Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and the
electronic versions of the Issues and Decision Memorandum are identical
in content.
Final Determination of No Shipments
In the Preliminary Results, we found no evidence calling into
question the no-shipment claims of Jiangsu Dingsheng New Materials
Joint-Stock Co., Ltd. No parties commented on this preliminary
decision. For the final results of this review, we continue to find
that Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. had no
shipments of subject merchandise to the United States during the POR.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties, Commerce has made two changes to the Preliminary
Results. First, for Zhongji, we have revised our calculation of ash/
dross to account for the metal content of the ash/dross. Second, we
have revised our calculation of an adverse inference with regard to
Xiashun. For a more detailed discussion of these changes, see the Final
Analysis Memoranda for Zhongji and Xiashun.\7\
---------------------------------------------------------------------------
\7\ See Memorandum, ``Final Analysis Memorandum for Zhongji,''
dated concurrently with this memorandum; see also Memorandum,
``Final Analysis Memorandum for Xiashun,'' dated concurrently with
this memorandum.
---------------------------------------------------------------------------
Separate Rate
In the Preliminary Results, we found that information placed on the
record by Zhongji; 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
[[Page 11500]]
Co.; SNTO International Trade Limited; and Suzhou Manakin Aluminum
Processing Technology Co., Ltd. demonstrates that these entities are
entitled to separate rate status.\8\ We received no comments or
arguments since the issuance of the Preliminary Results that provide a
basis for reconsideration of these determinations. Therefore, for these
final results, we continue to find that the companies listed in the
table for the ``final results of the review'' section of this notice
are eligible for a separate rate. For a more detailed discussion of
this issue, see Issues and Decision Memorandum.
---------------------------------------------------------------------------
\8\ See Preliminary Results and accompanying Preliminary
Decision Memorandum at 7-10.
---------------------------------------------------------------------------
Final Results of the Review
Commerce determines that the following weighted-average dumping
margins exist for the period November 2, 2017, through March 31, 2019:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 23.62
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................. 47.57
Alcha International Holdings Limited.................. 35.60
Dingsheng Aluminum Industries Hong Kong Trading Co.... 35.60
Granges Aluminum (Shanghai) Co., Ltd.................. 35.60
Hangzhou Dingsheng Import & Export Co., Ltd........... 35.60
Hunan Suntown Marketing Limited....................... 35.60
Jiangsu Alcha Aluminum Co., Ltd....................... 35.60
Shanghai Shenyan Packaging Materials Co............... 35.60
SNTO International Trade Limited...................... 35.60
Suzhou Manakin Aluminum Processing Technology Co., Ltd 35.60
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For the respondents which are eligible for a separate rate, but
were not selected for individual examination in this administrative
review, we have assigned a margin based on the average of the weighted
average dumping margins calculated for Zhongji and Xiashun, consistent
with section 735(c)(3)(A) of the Act.
China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\9\ 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.\10\
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\9\ 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).
\10\ See Order, 83 FR at 17363.
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Assessment Rates
Commerce shall determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries of
subject merchandise in accordance with section 751(a)(2)(C) of the Act
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have
calculated importer-specific assessment rates for merchandise subject
to this review. We calculated importer (or customer)-specific
assessment rates for merchandise subject to this review on a per-unit
(i.e., per-kilogram) basis. Specifically, we calculated a per-unit
assessment rate by aggregating the antidumping duties due for all U.S.
sales to that importer (or customer) and divided this amount by the
total quantity sold to that importer (or customer) during the POR. To
determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculate importer- (or customer-) specific ad valorem ratios based on
the estimated entered value. If an importer (or customer)-specific
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce
will instruct CBP to liquidate that importer's (or customer's) entries
of subject merchandise without regard to antidumping duties.
Consistent with its recent notice,\11\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
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\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For Xiashun and
Zhongji and for each of the 10 companies identified above as eligible
for a separate rate, the cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review; (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 completed segment of the most recent 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 final reminder to importers of their
[[Page 11501]]
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 has occurred and the subsequent assessment of
double antidumping duties.
Administrative Protective Orders
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 APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).
Dated: February 19, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Proper Sources for Certain Zhongji Surrogate Values
Comment 2: Allocation of Factory Overhead Expenses
Comment 3: Modification of Liquidation Instructions for Certain
Zhongji Sales
Comment 4: Zhongji Double Remedies Adjustment
Comment 5: Application of an Adverse Inference to Xiashun for 14
Non-Metal Inputs
Comment 6: Xiashun Run-Around Scrap
Comment 7: Xiashun Market Economy Inputs
Comment 8: Separate Rate Assigned to Non-Examined Companies
VI. Recommendation
[FR Doc. 2021-03838 Filed 2-24-21; 8:45 am]
BILLING CODE 3510-DS-P