Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2019, 73249-73251 [2021-28043]

Download as PDF Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices these companies. Thus, this notice will not affect the current cash deposit rate of these companies. However, we will issue revised cash deposit instructions to CBP for BYD (Shangluo) Industrial Co., Ltd. [FR Doc. 2021–28072 Filed 12–23–21; 8:45 am] khammond on DSKJM1Z7X2PROD with NOTICES Liquidation of Suspended Entries BILLING CODE 3510–DS–P At this time, Commerce remains enjoined, by orders of the CIT, from liquidating entries of subject merchandise that was entered, or withdrawn from warehouse, for consumption during the period December 1, 2013 through November 30, 2014 and exported by any of the following companies: (1) Trina; (2) Canadian Solar International Limited; (3) Canadian Solar Manufacturing (Changshu) Inc.; (4) Canadian Solar Manufacturing (Luoyang) Inc.; (5) BYD (Shangluo) Industrial Co., Ltd.; (6) Shanghai BYD Co., Ltd.; (7) Wuxi Suntech Power Co., Ltd/Luoyang Suntech Power Co., Ltd.; (8) Dongguan Sunworth Solar Energy Co., Ltd.; (9) ERA Solar Co., Ltd.; (10) ET Solar Energy Limited; (11) JA Solar Technology Yangzhou Co., Ltd.; (12) Jiangsu High Hope Int’l Group; (13) JingAo Solar Co., Ltd.; (14) Ningbo Qixin Solar Electrical Appliance Co., Ltd.; (15) Shenzhen Glory Industries Co., Ltd.; and (16) Shenzhen Topray Solar Co., Ltd. These entries will remain enjoined pursuant to the terms of the injunctions during the pendency of any appeals process. In the event the CIT’s ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, Commerce intends to instruct CBP to assess antidumping duties on any unliquidated entries described in the preceding paragraph, in accordance with 19 CFR 351.212(b). We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when either the respondent’s weighted-average dumping margin is not zero or de minimis or the importer-specific ad valorem assessment rate is not zero or de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is de minimis (i.e., less than 0.5 percent), we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.16 Notification to Interested Parties This notice is issued and published in accordance with sections 516A(c) and (e) and 777(i)(1) of the Act. 16 See 19 CFR 351.106(c)(2). VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 Dated: December 20, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE International Trade Administration [C–570–054] Certain Aluminum Foil From the People’s Republic of China: Final Results of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) 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 (POR) is January 1, 2019, through December 31, 2019. DATES: Applicable December 27, 2021. FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482–1121. SUPPLEMENTARY INFORMATION: AGENCY: 73249 Association Trade Enforcement Working Group (the petitioners).3 Scope of the Order The product covered by this order is aluminum foil from China.4 For a complete description of the scope of this order, see the Issues and Decision Memorandum.5 Analysis of Comments Received All issues raised in interested parties’ case briefs are addressed in the Issues and Decision Memorandum. A list of the issues raised by parties to which Commerce responded in the Issues and Decision Memorandum is provided in Appendix I 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://access.trade.gov/public/ FRNoticesListLayout.aspx. Changes Since the Preliminary Results Based on the comments received and record evidence, we made certain changes from the Preliminary Results with respect to the net countervailable subsidy rate calculated for Xiashun and assigned to companies not selected for individual examination in this review. These changes are explained in the Issues and Decision Memorandum. Background Methodology Commerce published the Preliminary Results of this review on July 7, 2021, and invited comments from interested parties.1 On August 13, 2021, we received timely filed case briefs from the following interested parties: Jiangsu Zhongji Lamination Materials Co., Ltd. (Zhongji); Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun); and the Government of China (GOC).2 On August 24, 2021, we received a timely filed rebuttal brief from the Aluminum Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a governmentprovided financial contribution that gives rise to a benefit to the recipient, 1 See Certain Aluminum Foil from the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2019, 86 FR 35735 (July 7, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 2 See Zhongji’s Case Brief, ‘‘Certain Aluminum Foil from the People’s Republic of China: Case Brief,’’ dated August 13, 2021 (Zhonji’s Case Brief); Xiashun’s Case Brief, ‘‘Certain Aluminum Foil from The People’s Republic of China—Case Brief,’’ dated August 13, 2021 (Xiashun’s Case Brief); and GOC’s Case Brief, ‘‘Certain Aluminum Foil from the People’s Republic of China: Case Brief,’’ dated August 13, 2021 (GOC’s Case Brief). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 3 See Petitioner’s Rebuttal Brief, ‘‘Certain Aluminum Foil from The People’s Republic Of China . . . Petitioners’ Rebuttal Brief,’’ dated August 24, 2021 (the Petitioner’s Rebuttal Brief). Individual Members of the Aluminum Association Trade Enforcement Working Group include: JW Aluminum Company, Novelis Corporation, and Reynolds consumer Products LLC. 4 See Certain Aluminum Foil from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 76 FR 17360 (April 19, 2018) (Order). 5 See Memorandum, ‘‘Decision Memorandum for the Final Results of the 2019 Administrative Review of the Countervailing Duty Order on Certain Aluminum Foil from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\27DEN1.SGM 27DEN1 73250 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices and that the subsidy is specific.6 For a full description of the methodology underlying all of Commerce’s conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. Companies Not Selected for Individual Examination In accordance with 19 CFR 351.221(b)(5), Commerce calculated a countervailable subsidy rate for mandatory respondent Xiashun. Because the rate calculated for Xiashun, the only cooperating mandatory respondent, is above de minimis and not based entirely on facts available, we assigned this rate to other companies subject to this administrative review but not selected for individual examination. This is consistent with the methodology that we use in an investigation to establish the all-others rate, pursuant to section 705(c)(5)(A) of the Act. Final Results of Administrative Review We determine that, for the period January 1, 2019, through December 31, 2019, the following net countervailable subsidy rates exist: Net countervailable subsidy rate (percent ad valorem) Company Alcha International Holdings Limited ......................................................................................................................... Anhui Maximum Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., (HK) Limited; and Shantou Wanshun Package Material Stock Co., Ltd.7 ........................................................................................................ Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng Industrial Group Co. Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials Joint Stock Co., Ltd.; Luoyang Longding Aluminium Industries Co., Ltd.; and Walson (HK) Trading Co., Limited.8 ....................................................................................................................................................................... Hunan Suntown Marketing Limited ........................................................................................................................... Jiangsu Alcha Aluminum Co., Ltd. ............................................................................................................................ SNTO International Trade Limited ............................................................................................................................. Suntown Technology Group Corporation Limited ..................................................................................................... Xiamen Xiashun Aluminium Foil Co. Ltd. .................................................................................................................. Yinbang Clad Material Co., Ltd. ................................................................................................................................ Commerce intends to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b). 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). Assessment Rate Cash Deposit Rates Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the final results of this review, for the above-listed companies at the applicable ad valorem assessment rates listed. Consistent with its recent notice,9 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 In accordance with section 751(a)(1) of the Act, Commerce intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the companies listed above. For all nonreviewed firms, we will instruct CBP to continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or allothers rate applicable to the company, as appropriate. These cash deposits, when imposed, shall remain in effect until further notice. khammond on DSKJM1Z7X2PROD with NOTICES Disclosure 6 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. 7 In the first administrative review of the Order, Commerce found the following companies to be cross-owned: Anhui Maximum Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun Material Stock Co., Ltd.; and Anhui VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 Maximum Aluminum Industries Company Limited. The subsidy rate applies to all cross-owned companies. See Certain Aluminum Foil from the People’s Republic of China: Final Results of the Countervailing Duty Administrative Review; 2017– 2018, 86 FR 12171 (March 2, 2021). 8 In the investigation, Commerce found the following companies to be cross-owned: Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng Industrial Group Co. Ltd.; PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 14.20 14.20 14.20 14.20 305.07 14.20 14.20 14.20 14.20 Administrative Protective Order 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). Timely written notification of the return/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 sanctionable violation. Notice to Interested Parties These final results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5). Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; Luoyang Longding Aluminum Co., Ltd.; and Walson (HK) Trading Co., Limited. The subsidy rate applies to all cross-owned companies. See Order. 9 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). E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices Dated: December 17, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Changes Since the Preliminary Results V. Scope of the Order VI. Period of Review VII. Subsidies Valuation Information VIII. Use of Facts Otherwise Available IX. Analysis of Programs X. Discussion of Comments Comment 1: Whether Commerce Should Continue to Find that Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun) Received Countervailable Benefits Under the Policy Loans to Aluminum Foil Producers Program Comment 2: Whether Commerce Should Include Benefits from Bank Acceptances in the Calculation of Benefits Under the Policy Loans to Aluminum Foil Producers Program Comment 3: Whether Commerce Should Continue to Make an Adverse Inference to Find that Xiashun Benefited from the Export Buyers Credit Program Comment 4: Whether Commerce Should Continue to Make Adverse Inferences to Find Financial Contribution and Specificity and to Calculate Benefits Under the Electricity for Less Than Adequate Remuneration (LTAR) Program Comment 5: Whether Commerce Should Modify the Benchmarks Used to Value Electricity Comment 6: Whether Commerce Should Continue to Make an Adverse Inference to Find that Primary Aluminum Producers are Authorities Comment 7: Whether Commerce Should Continue to Make an Adverse Inference to Find that the Primary Aluminum Market in China is Distorted Comment 8: Whether Commerce Should Modify the Benchmark Used to Value Primary Aluminum Comment 9: Whether Commerce Should Modify the Ocean Freight Benchmark XI. Recommendation [FR Doc. 2021–28043 Filed 12–23–21; 8:45 am] The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on aluminum wire and cable from the People’s Republic of China (China) covering the period June 5, 2019, through November 30, 2020. We determine that ICF Cable and Jin Tiong Electrical Materials Manufacturer PTE, Limited (Jin Tiong) are not eligible for a separate rate, and, therefore, are part of the China-wide entity. DATES: Applicable December 27, 2021. FOR FURTHER INFORMATION CONTACT: Sean Carey, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3964. SUPPLEMENTARY INFORMATION: SUMMARY: Background On September 2, 2021, the Department of Commerce (Commerce) published its preliminary results of the administrative review of the antidumping duty order on aluminum wire and cable from the People’s Republic of China (China).1 The domestic interested parties in this review are Encore Wire Corporation and Southwire Company, LLC (collectively, the petitioners for the original less-thanfair-value investigation). The companies subject to this administrative review are ICF Cable and Jin Tiong. A complete summary of the events that occurred since publication of the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 Scope of the Order The products covered by the order are aluminum wire and cable from China. For a full description of the scope of the order, see ‘‘Scope of the Order,’’ in the appendix of the Preliminary Results. Analysis of Comments Received We addressed all issues raised in the case and rebuttal briefs submitted by parties in this review in the Issues and Decision Memorandum, which is hereby BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration khammond on DSKJM1Z7X2PROD with NOTICES [A–570–095] Aluminum Wire and Cable From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 19:57 Dec 23, 2021 Jkt 256001 1 See Aluminum Wire and Cable from the People’s Republic of China: Preliminary Results of Antidumping Administrative Review; 2019–2020, 86 FR 49306 (September 2, 2021) (Preliminary Results). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Aluminum Wire and Cable from the People’s Republic of China; 2019– 2020,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 73251 adopted by 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. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Final Results of Review We made no changes to the Preliminary Results and continue to find that both ICF Cable and Jin Tiong are not eligible for a separate rate because neither company established its eligibility for a separate rate. Therefore, we continue to find both ICF Cable and Jin Tiong to be part of the China-wide entity. In this administrative review, no party requested a review of the China-wide entity, and Commerce did not initiate a review of the China-wide entity. Because no review of the China-wide entity has been initiated, the Chinawide entity’s entries are not subject to the review, and the weighted-average dumping margin applicable to the China-wide entity is not subject to change as a result of this review. The existing weighted-average dumping margin, and, therefore, the applicable cash deposit rate and assessment rate for antidumping duties, is 52.79 percent, the rate established in the final determination of the less-than-fair-value investigation.3 Disclosure and Public Comment Normally, Commerce discloses the calculations used in its analysis to parties in a review within five days of the date of publication of the notice of final results, in accordance with 19 CFR 351.224(b). However, in this review, there are no calculations on the record to disclose. Assessment Rates Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Because we determined that ICF Cable and Jin Tiong are not eligible for a separate rate and are part 3 See Aluminum Wire and Cable from the People’s Republic of China: Antidumping Duty and Countervailing Duty Orders, 84 FR 70496, 70497 (December 23, 2019). E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73249-73251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28043]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: Final 
Results of Countervailing Duty Administrative Review; 2019

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

SUMMARY: The Department of Commerce (Commerce) 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 (POR) is January 1, 2019, through 
December 31, 2019.

DATES: Applicable December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this review on July 
7, 2021, and invited comments from interested parties.\1\ On August 13, 
2021, we received timely filed case briefs from the following 
interested parties: Jiangsu Zhongji Lamination Materials Co., Ltd. 
(Zhongji); Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun); and the 
Government of China (GOC).\2\ On August 24, 2021, we received a timely 
filed rebuttal brief from the Aluminum Association Trade Enforcement 
Working Group (the petitioners).\3\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2019, 86 FR 35735 (July 7, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Zhongji's Case Brief, ``Certain Aluminum Foil from the 
People's Republic of China: Case Brief,'' dated August 13, 2021 
(Zhonji's Case Brief); Xiashun's Case Brief, ``Certain Aluminum Foil 
from The People's Republic of China--Case Brief,'' dated August 13, 
2021 (Xiashun's Case Brief); and GOC's Case Brief, ``Certain 
Aluminum Foil from the People's Republic of China: Case Brief,'' 
dated August 13, 2021 (GOC's Case Brief).
    \3\ See Petitioner's Rebuttal Brief, ``Certain Aluminum Foil 
from The People's Republic Of China . . . Petitioners' Rebuttal 
Brief,'' dated August 24, 2021 (the Petitioner's Rebuttal Brief). 
Individual Members of the Aluminum Association Trade Enforcement 
Working Group include: JW Aluminum Company, Novelis Corporation, and 
Reynolds consumer Products LLC.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this order is aluminum foil from China.\4\ 
For a complete description of the scope of this order, see the Issues 
and Decision Memorandum.\5\
---------------------------------------------------------------------------

    \4\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 76 FR 17360 (April 19, 2018) (Order).
    \5\ See Memorandum, ``Decision Memorandum for the Final Results 
of the 2019 Administrative Review of the Countervailing Duty Order 
on Certain Aluminum Foil from the People's Republic of China,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in interested parties' case briefs are addressed 
in the Issues and Decision Memorandum. A list of the issues raised by 
parties to which Commerce responded in the Issues and Decision 
Memorandum is provided in Appendix I 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://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on the comments received and record evidence, we made certain 
changes from the Preliminary Results with respect to the net 
countervailable subsidy rate calculated for Xiashun and assigned to 
companies not selected for individual examination in this review. These 
changes are explained in the Issues and Decision Memorandum.

Methodology

    Commerce conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we find that there is a 
subsidy, i.e., a government-provided financial contribution that gives 
rise to a benefit to the recipient,

[[Page 73250]]

and that the subsidy is specific.\6\ For a full description of the 
methodology underlying all of Commerce's conclusions, including any 
determination that relied upon the use of adverse facts available 
pursuant to sections 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \6\ 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.
---------------------------------------------------------------------------

Companies Not Selected for Individual Examination

    In accordance with 19 CFR 351.221(b)(5), Commerce calculated a 
countervailable subsidy rate for mandatory respondent Xiashun. Because 
the rate calculated for Xiashun, the only cooperating mandatory 
respondent, is above de minimis and not based entirely on facts 
available, we assigned this rate to other companies subject to this 
administrative review but not selected for individual examination. This 
is consistent with the methodology that we use in an investigation to 
establish the all-others rate, pursuant to section 705(c)(5)(A) of the 
Act.

Final Results of Administrative Review

    We determine that, for the period January 1, 2019, through December 
31, 2019, the following net countervailable subsidy rates exist:

------------------------------------------------------------------------
                                             Net countervailable subsidy
                  Company                     rate (percent ad valorem)
------------------------------------------------------------------------
Alcha International Holdings Limited......                         14.20
Anhui Maximum Aluminum Industries Company                          14.20
 Ltd.; Jiangsu Huafeng Aluminum Industry
 Co., Ltd.; Jiangsu Zhongji Lamination
 Materials Co., Ltd.; Jiangsu Zhongji
 Lamination Materials Co., (HK) Limited;
 and Shantou Wanshun Package Material
 Stock Co., Ltd.\7\.......................
Dingsheng Aluminum Industries (Hong Kong)                          14.20
 Trading Co., Ltd.; Hangzhou DingCheng
 Aluminum Co., Ltd.; Hangzhou Dingsheng
 Import & Export Co. Ltd.; Hangzhou
 Dingsheng Industrial Group Co. Ltd.;
 Hangzhou Five Star Aluminum Co., Ltd.;
 Hangzhou Teemful Aluminum Co., Ltd.;
 Jiangsu Dingsheng New Materials Joint
 Stock Co., Ltd.; Luoyang Longding
 Aluminium Industries Co., Ltd.; and
 Walson (HK) Trading Co., Limited.\8\.....
Hunan Suntown Marketing Limited...........                         14.20
Jiangsu Alcha Aluminum Co., Ltd...........                        305.07
SNTO International Trade Limited..........                         14.20
Suntown Technology Group Corporation                               14.20
 Limited..................................
Xiamen Xiashun Aluminium Foil Co. Ltd.....                         14.20
Yinbang Clad Material Co., Ltd............                         14.20
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed for these 
final results of review within five days of the date of publication of 
this notice in the Federal Register, in accordance with 19 CFR 
351.224(b).
---------------------------------------------------------------------------

    \7\ In the first administrative review of the Order, Commerce 
found the following companies to be cross-owned: Anhui Maximum 
Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry 
Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun 
Material Stock Co., Ltd.; and Anhui Maximum Aluminum Industries 
Company Limited. The subsidy rate applies to all cross-owned 
companies. See Certain Aluminum Foil from the People's Republic of 
China: Final Results of the Countervailing Duty Administrative 
Review; 2017-2018, 86 FR 12171 (March 2, 2021).
    \8\ In the investigation, Commerce found the following companies 
to be cross-owned: Dingsheng Aluminum Industries (Hong Kong) Trading 
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou Dingsheng 
Import & Export Co. Ltd.; Hangzhou Dingsheng Industrial Group Co. 
Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful 
Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials Joint-Stock Co., 
Ltd.; Luoyang Longding Aluminum Co., Ltd.; and Walson (HK) Trading 
Co., Limited. The subsidy rate applies to all cross-owned companies. 
See Order.
---------------------------------------------------------------------------

Assessment Rate

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Consistent with its 
recent notice,\9\ 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).
---------------------------------------------------------------------------

    \9\ 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 Rates

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties in the amounts shown for each of the companies listed above. 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 deposits, when imposed, shall remain in effect 
until further notice.

Administrative Protective Order

    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). Timely 
written notification of the return/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 sanctionable 
violation.

Notice to Interested Parties

    These final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).


[[Page 73251]]


    Dated: December 17, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. List of Issues
III. Background
IV. Changes Since the Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Subsidies Valuation Information
VIII. Use of Facts Otherwise Available
IX. Analysis of Programs
X. Discussion of Comments
    Comment 1: Whether Commerce Should Continue to Find that Xiamen 
Xiashun Aluminum Foil Co., Ltd. (Xiashun) Received Countervailable 
Benefits Under the Policy Loans to Aluminum Foil Producers Program
    Comment 2: Whether Commerce Should Include Benefits from Bank 
Acceptances in the Calculation of Benefits Under the Policy Loans to 
Aluminum Foil Producers Program
    Comment 3: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that Xiashun Benefited from the Export Buyers 
Credit Program
    Comment 4: Whether Commerce Should Continue to Make Adverse 
Inferences to Find Financial Contribution and Specificity and to 
Calculate Benefits Under the Electricity for Less Than Adequate 
Remuneration (LTAR) Program
    Comment 5: Whether Commerce Should Modify the Benchmarks Used to 
Value Electricity
    Comment 6: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that Primary Aluminum Producers are Authorities
    Comment 7: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that the Primary Aluminum Market in China is 
Distorted
    Comment 8: Whether Commerce Should Modify the Benchmark Used to 
Value Primary Aluminum
    Comment 9: Whether Commerce Should Modify the Ocean Freight 
Benchmark
XI. Recommendation

[FR Doc. 2021-28043 Filed 12-23-21; 8:45 am]
BILLING CODE 3510-DS-P

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