Certain Aluminum Foil From the People's Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2017-2019, 17358-17360 [2021-06840]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17358-17360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06840]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Amended Final Results of Antidumping Duty Administrative Review; 2017-
2019

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

SUMMARY: The Department of Commerce (Commerce) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on certain aluminum foil (aluminum foil) from the People's Republic of 
China (China) to correct ministerial errors.

DATES: Applicable April 2, 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: (202) 482-1979 
or (202) 482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2021, Commerce published the Final Results of the 
2017-2019 administrative review of aluminum foil from China in the 
Federal Register.\1\ On February 24, 2021, Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Ltd.) (HK Dingsheng) and Hangzhou 
Dingsheng Import & Export Co., Ltd. (Hangzhou Dingsheng Import and 
Export Co., Ltd.) (Hangzhou Dingsheng IE) (collectively, Dingsheng), 
alleged the existence of a ministerial error in Commerce's Final 
Results.\2\ On March 1, 2021, the

[[Page 17359]]

Aluminum Association Trade Enforcement Working Group and its individual 
members (collectively, the petitioners),\3\ also alleged the existence 
of a ministerial error in Commerce's Final Results.\4\ On March 4, 
2021, Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun), a respondent 
party in this administrative review, filed rebuttal comments to the 
petitioners' ministerial allegations.\5\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
Final Determination of No Shipments; 2017-2019, 86 FR 11499 
(February 25, 2021) (Final Results).
    \2\ See Dingsheng's Letter, ``GDLSK Respondents Request for 
Correction of Clerical Error in the Final Results including Customs 
Instructions: First Administrative Review of the Antidumping Duty 
Order on Aluminum Foil from the People's Republic of China (A-570-
053),'' dated February 24, 2021.
    \3\ The individual members of the Aluminum Association Trade 
Enforcement Working Group are: JW Aluminum Company, Novelis 
Corporation, and Reynolds Consumer Products LLC.
    \4\ See Petitioners' Letter, ``1st Administrative Review of the 
Antidumping Duty Order on Certain Aluminum Foil from the People's 
Republic of China--Petitioners' Ministerial Error Comments,'' dated 
March 1, 2021.
    \5\ See Xiashun's Letter, ``Aluminum Foil from the People's 
Republic of China: Response to Ministerial Error Comments,'' dated 
March 4, 2021.
---------------------------------------------------------------------------

Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \6\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review.''
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------

Ministerial Error

    Commerce committed inadvertent errors within the meaning of section 
751(h) of the Act and 19 CFR 351.224(f) by incorrectly listing the 
names of HK Dingsheng and Hangzhou Dingsheng IE in the Final Results 
and failing to convert Xiashun's value-added tax (VAT) into the correct 
unit of measure. Accordingly, we determine, in accordance with section 
751(h) of the Act and 19 CFR 351.224(f), that we made ministerial 
errors in the Final Results. Pursuant to 19 CFR 351.224(e), we are 
amending the Final Results to correct these errors. These corrections 
result in a change to Xiashun's weighted-average dumping margin and to 
the rate calculated for the respondents which are eligible for a 
separate rate, but that were not selected for individual examination. 
We have also corrected Dingsheng's company names below. For a detailed 
discussion of the ministerial error allegation, as well as Commerce's 
analysis, see Ministerial Error Memorandum.\7\
---------------------------------------------------------------------------

    \7\ See Memorandum, ``Antidumping Duty Administrative Review of 
Aluminum Foil from the People's Republic of China: Ministerial Error 
Memorandum,'' dated concurrently with this notice (Ministerial Error 
Memorandum).
---------------------------------------------------------------------------

Amended Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period November 2, 2017, through March 
31, 2019:

------------------------------------------------------------------------
                                                        Weighted-average
                       Exporter                        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................              48.64
Alcha International Holdings Limited.................              36.13
Dingsheng Aluminium Industries (Hong Kong) Trading                 36.13
 Co., Limited (Dingsheng Aluminium Industries (Hong
 Kong) Trading Co., Ltd.)............................
Granges Aluminum (Shanghai) Co., Ltd.................              36.13
Hangzhou Dingsheng Import&Export Co., Ltd. (Hangzhou               36.13
 Dingsheng Import and Export Co., Ltd.)..............
Hunan Suntown Marketing Limited......................              36.13
Jiangsu Alcha Aluminum Co., Ltd......................              36.13
Shanghai Shenyan Packaging Materials Co..............              36.13
SNTO International Trade Limited.....................              36.13
Suzhou Manakin Aluminum Processing Technology Co.,                 36.13
 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 simple average of the 
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.\8\ 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.\9\
---------------------------------------------------------------------------

    \8\ 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).
    \9\ 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 at 17363 (April 19, 2018) (Order).
---------------------------------------------------------------------------

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

[[Page 17360]]

instruct CBP to liquidate that importer's (or customer's) entries of 
subject merchandise without regard to antidumping duties.
    Consistent with its recent notice,\10\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the amended 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).
---------------------------------------------------------------------------

    \10\ 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).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the amended 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 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 amended 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 
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

    This amended notice is issued and published in accordance with 
sections 751(h) and 777(i) of the Act.

    Dated: March 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Ministerial Error Memorandum

I. Summary
II. Scope of the Order
III. Legal Authority
IV. Discussion of the Issues
    Comment 1: HK Dingsheng and Hangzhou Dingsheg IE Company Names
    Comment 2: Xiashun VAT Conversion
V. Recommendation

[FR Doc. 2021-06840 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-DS-P