Certain Aluminum Foil From the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 935-938 [2022-00080]
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
Redetermination, Commerce calculated
estimated weighted-average dumping
margins of 4.98 percent for Habas, 8.66
percent for Icdas, and 7.03 percent for
all other producers and exporters of
subject merchandise.6
On October 17, 2019, in its Second
Remand Order, the CIT sustained
Commerce’s duty drawback adjustment
as applied to export price, but remanded
Commerce to recalculate NV without
making a COS adjustment in the same
amount. The CIT also sustained
Commerce’s use of partial AFA with
respect to Icdas.7
On January 15, 2020, Commerce
issued its second results of
redetermination, in which it
recalculated each respondent’s NV
without making the COS adjustment
related to duty drawback.8 In addition,
Commerce made an adjustment to cost
in the amount of the duty forgiven
divided by the production data to arrive
at the annual average per-unit import
duty burden, which was added to the
cost of production. Commerce
continued to adjust the full amount of
duties drawn back to U.S. price as in the
First Redetermination. As a result of the
changes to our duty drawback
methodology in the Second
Redetermination, Commerce calculated
estimated weighted-average dumping
margins of 4.08 percent for Habas, 4.17
percent Icdas, and 4.13 percent for all
other producers and exporters of subject
merchandise.9
On April 17, 2020, in its Third
Remand Order, the CIT granted
Commerce’s request for voluntary
remand and ordered Commerce to
include Inward Processing Certificate
(IPC) #36 in its duty drawback
calculation for Habas.10 On July 1, 2020,
in the third results of redetermination,
Commerce revised Habas’ duty
drawback calculation to include IPC
#36, which had mistakenly been
omitted previously.11 As a result of this
revision to Habas’ duty drawback
calculation in the Third
Redetermination, Commerce calculated
an estimated weighted-average dumping
margin of 3.96 percent for Habas, and
4.07 percent for all other producers and
exporters of subject merchandise. Icdas’
weighted-average dumping margin
remained at 4.17 percent calculated in
the Second Redetermination.12 On
September 4, 2020, the court sustained
Commerce’s Third Redetermination.13
Timken Notice
In its decision in Timken,14 as
clarified by Diamond Sawblades,15 the
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of 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
September 4, 2020 judgment constitutes
a final decision of the Court that is not
in harmony with Commerce’s Amended
Final Determination.16 Thus, this notice
is published in fulfillment of the
publication requirements of Timken and
section 516A of the Act.
Amended Final Determination
Because there is now a final court
decision, Commerce is amending its
Amended Final Determination. The
revised estimated weighted-average
dumping margins are as follows:
Weighted-average
dumping margin
(percent)
Exporter or producer
Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S ...................................................................................
Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S ......................................................................................
All Others .....................................................................................................................................................
Cash Deposit Requirements
Because there have been subsequent
administrative reviews for Habas and
Icdas, the cash deposit rate will remain
the rates established in the most
recently completed administrative
reviews for these companies. The cash
deposit rate for all other producers and
exporters is revised from 7.26 percent in
the Amended Final Determination and
Order to 3.90 percent, as a result of the
final court decision.
Dated: December 30, 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.
[FR Doc. 2022–00107 Filed 1–6–22; 8:45 am]
BILLING CODE 3510–DS–P
First Redetermination at 21.
Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi, A.S. v. United States, 415 F. Supp. 3d
1195 (CIT 2019) (Second Remand Order).
8 See Final Results of Redetermination Pursuant
to Court Remand, Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S. v. United Stated, Consol. Ct.
No. 17–00204, Slip Op. 19–130, dated January 15,
2020 (Second Redetermination), available at https://
enforcement.trade.gov/remands/19-130.pdf.
9 Id. at 4.
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3.92
4.00
3.90
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 and Final
Determination of No Shipments; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that exporters of
certain aluminum foil (aluminum foil)
from the People’s Republic of China
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e), 735(d), 736(a), 751(a) and 777(i) of
the Act.
7 See
3.96
4.17
4.07
AGENCY:
Notification to Interested Parties
6 See
Cash deposit
(adjusted for
subsidy offsets)
10 See Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi, A.S. v. United States, 439 F. Supp. 3d
1342 (CIT 2020) (Third Remand Order).
11 See Final Results of Redetermination Pursuant
to Court Remand, Habas Sinai ve Tibbi Gazler
Istihsal Endustrisi A.S. v. United Stated, Consol. Ct.
No. 17–00204, Slip Op. 20–51, dated July 1, 2020
(Third Redetermination), available at https://
enforcement.trade.gov/remands/20-51.pdf.
12 Id. at 5.
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13 See Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi, A.S. v. United States, 470 F.Supp. 3d
1363 (CIT September 4, 2020).
14 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
15 See Diamond Sawblades Manufacturers
Coalition v. United States, 626 F.3d 1374 (Fed. Cir.
2010) (Diamond Sawblades).
16 See Habas Sinai ve Tibbi Gazlar Istihsal
Endustrisi, A.S. v. United States, 470 F.Supp. 3d
1363 (CIT September 4, 2020).
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Federal Register / Vol. 87, No. 5 / Friday, January 7, 2022 / Notices
(China) made sales of subject
merchandise at prices less than normal
value during the period of review (POR)
April 1, 2019, through March 31, 2020.
DATES:
Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Scarlet Jaldin 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) 482–4275 or (202) 482–4475
respectively.
SUPPLEMENTARY INFORMATION:
Background
tkelley on DSK125TN23PROD with NOTICE
Commerce published the Preliminary
Results on July 7, 2021.1 On October 28,
2021, and December 14, 2021, in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (the
Act), Commerce extended the deadline
for issuing the final results, until
December 30, 2021.2 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.3
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), and (2) Jiangsu Alcha
Aluminum Co., Ltd. (Jiangsu Alcha).
The administrative review also covers
11 other companies that were not
selected for individual examination.4
1 See Certain Aluminum Foil from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Duty Administrative
Review, and Preliminary Determination of No
Shipments; 2019–2020, 86 FR 35747 (July 7, 2021)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated October 28, 2021;
see also Memorandum, ‘‘Certain Aluminum Foil
from the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated December 14, 2021.
3 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; 2019–2020,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 We incorrectly stated in the Preliminary Results
that this administrative review covers 14 companies
that were not selected for individual examination.
The correct number is 11 companies.
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Scope of the Order 5
The merchandise covered by the
Order is aluminum foil from China. For
a full description of the scope, see the
Issues and Decision Memorandum.
assessment’’ clarification for these final
results.10
5 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).
6 See Memorandum, ‘‘Zhongji Analysis for the
Final Results’’ (Zhongji Final Analysis
Memorandum); Memorandum, ‘‘Final Results
Surrogate Value Memorandum’’ (Final Results
Surrogate Value Memorandum), both dated
concurrently with this notice.
7 For details on the changes made since the
Preliminary Results, see the Issues and Decision
Memorandum.
8 See Preliminary Results, 86 FR at 35747.
9 We received interested party comments that
certain company names contained minor spelling
errors in the Preliminary Results, and we have
corrected the spellings for these final results. See
Issues and Decision Memorandum at Comment 10.
Rate for Non-Examined Separate Rate
Respondents
As noted in the Preliminary Results,14
the statute and Commerce’s regulations
do not address what rate to apply to
Separate Rate Respondents
In the Preliminary Results, we found
that each of the following companies
Analysis of Comments Received
demonstrated its eligibility for separate
All issues raised in interested parties’ rate status: (1) Zhongji; (2) Alcha
International Holdings Limited; (3)
briefs are addressed in the Issues and
Dingsheng Aluminum Industries (Hong
Decision Memorandum. A list of the
issues raised by interested parties and to Kong) Trading Co.; (4) Hangzhou
Dingsheng Import & Export Co., Ltd.; (5)
which we responded in the Issues and
Hunan Suntown Marketing Limited; (6)
Decision Memorandum is provided in
Shanghai Huafon Aluminum
the appendix to this notice. The Issues
Corporation; (7) Suntown Technology
and Decision Memorandum is a public
Group Limited; (8) Xiamen Xiashun
document and is on file electronically
Aluminum Foil Co., Ltd,; and (9)
via Enforcement and Compliance’s
Yinbang Clad Materials Co., Ltd.
Antidumping and Countervailing Duty
(Yinbang Clad).11 We received
Centralized Electronic Service System
comments
with respect to Shanghai
(ACCESS). ACCESS is available to
Huafon Aluminum Corporation; we find
registered users at https://
access.trade.gov. In addition, a complete that this company was incorrectly
included in the preliminary list of
version of the Issues and Decision
companies eligible for a separate rate,
Memorandum can be accessed directly
and we have removed this company for
at https://access.trade.gov/public/
the final results.12 We also received
FRNoticesListLayout.aspx.
comments that certain company names
Changes Since the Preliminary Results
were incorrectly identified in the
Based on our review of the record and Preliminary Results, and we have
corrected the spellings of these
comments received from interested
company names for these final results.13
parties, we made certain changes to the
We received no other argument since
preliminary margin calculation for
the issuance of the Preliminary Results
Zhongji,6 and consequently, to the rate
that provide a basis for reconsideration
assigned to the non-examined, separate
of these determinations.
rate respondents.7
Therefore, we find for these final
Final Determination of No Shipments
results that the following companies
demonstrated their eligibility for
In the Preliminary Results, we
separate rate status: (1) Zhongji; (2)
preliminarily determined that Jiangsu
Alcha International Holdings Limited;
Dingsheng New Materials Joint-Stock
(3) Dingsheng Aluminium Industries
Co., Ltd.; Hangzhou Teemful
(Hong Kong) Trading Co., Limited (a.k.a
Aluminium Co., Ltd.; and Hangzhou
Dingsheng Aluminium Industries (Hong
Five Star Aluminium Co., Ltd. had no
Kong) Trading Co., Ltd.); (4) Hangzhou
shipments of subject merchandise
Dingsheng Import&Export Co., Ltd.
during the POR.8 We received no
(a.k.a. Hangzhou Dingsheng Import and
information to contradict this
Export Co., Ltd.); (5) Hunan Suntown
determination.9 Therefore, we continue
Marketing Limited; (6) Suntown
to find that these companies had no
Technology Group Corporation Limited
shipments of subject merchandise
(a.k.a. Suntown Technology Group Co.,
during the POR and will issue
appropriate liquidation instructions that Ltd.; (7) Xiamen Xiashun Aluminum
Foil Co., Ltd, and (8) Yinbang Clad
are consistent with our ‘‘automatic
Materials Co., Ltd. (Yinbang Clad).
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10 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
11 See Preliminary Results Preliminary Decision
Memorandum at 10–14.
12 See Issues and Decision Memorandum at
Comment 11.
13 See Issues and Decision Memorandum at
Comment 10.
14 See Preliminary Results, 86 FR at 35748.
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respondents not selected for individual
examination when Commerce limits its
examination in an administrative review
pursuant to section 777A(c)(2) of the
Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation, for
guidance when calculating the rate for
non-selected respondents that are not
examined individually in an
administrative review. Section
735(c)(5)(A) of the Act states that the all-
others rate should be calculated by
averaging the weighted-average
dumping margins for individually
examined respondents, excluding rates
that are zero, de minimis, or based
entirely on facts available. Where the
rates for the individually examined
companies are all zero, de minimis, or
based entirely on facts available, section
735(c)(5)(B) of the Act provides that
Commerce may use ‘‘any reasonable
method’’ to establish the all-others rate.
In this review, we calculated a rate for
Zhongji that is not zero, de minimis, or
based entirely on facts available, and we
have continued to assign the rate
calculated for Zhongji to the companies
not selected for individual examination
but that are eligible for a separate rate.
Final Results of Review
Commerce determines that the
following weighted-average dumping
margins exist for the period April 1,
2019, through March 31, 2020:
Final
weighted-average
dumping 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 ......................................................................
62.02
Review-Specific Rate Applicable to the Following Companies 15
Alcha International Holdings Limited .........................................................................................................................................
Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited (a.k.a Dingsheng Aluminium Industries (Hong Kong)
Trading Co., Ltd.) ...................................................................................................................................................................
Hangzhou Dingsheng Import&Export Co., Ltd. (a.k.a. Hangzhou Dingsheng Import and Export Co., Ltd.) ...........................
Hunan Suntown Marketing Limited ...........................................................................................................................................
Suntown Technology Group Corporation Limited (a.k.a. Suntown Technology Group Co., Ltd ..............................................
Xiamen Xiashun Aluminum Foil Co., Ltd ..................................................................................................................................
Yinbang Clad Materials Co., Ltd ...............................................................................................................................................
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results, or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
tkelley on DSK125TN23PROD with NOTICE
China-Wide Entity
In the Preliminary Results, Commerce
found that Jiangsu Alcha and SNTO
International Group Limited (SNTO) did
not establish eligibility for a separate
rate because SNTO did not file a
separate rate application or certification
with Commerce, and because Jiangsu
Alcha failed to respond to our standard
NME antidumping questionnaire. No
interested party commented on
Commerce’s preliminary determination
with respect to Jiangsu Alcha and
SNTO. Therefore, for these final results,
we determine these companies to be
part of the China-wide entity.
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
15 Rate applicable to the non-examined separate
rate respondents, as discussed above.
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review.16 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.17
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b), Commerce
has determined, and U.S Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries covered by this review.
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).
16 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).
17 See Order, 83 FR 17362.
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62.02
62.02
62.02
62.02
62.02
62.02
62.02
For each individually examined
respondent in this review which has a
final weighted-average dumping margin
that is not zero or de minimis (i.e., less
than 0.5 percent), we will calculate
importer- (or customer-) specific perunit duty assessment rates based on the
ratio of the total amount of dumping
calculated for the importer’s (or
customer’s) examined sales to the total
sales quantity associated with those
sales, in accordance with 19 CFR
351.212(b)(l).18 We will also calculate
estimated ad valorem importer-specific
assessment rates with which to
determine whether the per-unit
assessment rates are de minimis.19
Where either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or customer) specific assessment rate is zero or de
minimis, we will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.20
For the respondents which were not
selected for individual examination in
this administrative review and which
qualified for a separate rate, the
assessment rate will be equal to the rate
assigned to them for the final results
(i.e., 62.02 percent). For the companies
identified as part of the China-wide
18 See Zhongji Final Analysis Memorandum at
Attachment 2.
19 Id.
20 See 19 CFR 351.106(c)(2).
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entity, we will instruct CBP to apply a
per-unit assessment rate of 105.80
percent to all entries of subject
merchandise during the POR which
were produced or exported by those
companies. Pursuant to a refinement in
our non-market economy practice, for
sales that were not reported in the U.S.
sales data submitted by companies
individually examined during this
review, we will instruct CBP to
liquidate entities associated with those
sales at the rate for the China-wide
entity. Furthermore, where we found
that an exporter under review had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the Chinawide entity.21
tkelley on DSK125TN23PROD with NOTICE
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 the
companies identified in the chart above,
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.
Notification to Importers Regarding
Reimbursement of Duties
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
21 For a full description of this practice, see
Assessment Practice Refinement, 86 FR 65694.
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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.
Notification Regarding Administrative
Protective Orders (APO)
This notice also serves as a final
reminder to parties subject to 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.
Dated: December 30, 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
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: Selection of Surrogate Country
Comment 2: HTS Classifications for Certain
Material Inputs and By-Products
Comment 3: Ocean Freight
Comment 4: Double Remedies Adjustment
Comment 5: Sales to Foreign Trade Zones
Comment 6: Differential Pricing
Methodology
Comment 7: Calculation of Zhongji’s
Margin
Comment 8: Separate Rate Margin
Comment 9: Selection of Individually
Examined Respondents
Comment 10: Correction of Company
Names
Comment 11: Review of Shanghai Huafon
Aluminum Corporation
VI. Recommendation
[FR Doc. 2022–00080 Filed 1–6–22; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Agreement Suspending the
Countervailing Duty Investigation on
Sugar From Mexico; Preliminary
Results of the 2020 Administrative
Review
Enforcement & Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the signatory, the Government of
Mexico (GOM), and the respondent
companies selected for individual
examination, respectively, Impulsora
Azucarera Del Tropico, S.A. de C.V.
(Impulsora Del Tropico) and its affiliate
and Ingenio Huixtla SA de C.V. (Ingenio
Huixtla) and its affiliates are in
compliance with the Agreement
Suspending the Countervailing Duty
Investigation on Sugar from Mexico, as
amended (CVD Agreement), except for
certain instances of inconsequential
non-compliance. Commerce also
preliminarily determines that the CVD
Agreement continues to meet its
statutory requirements under sections
704(c) and (d) of the Tariff Act of 1930,
as amended (the Act), during the POR.
However, Commerce intends to address
certain issues identified in this review
by discussing these issues with the
GOM and Mexican producers/exporters,
as appropriate. We may request
consultations pursuant to the CVD
Agreement, as necessary, to resolve
these issues.
DATES: Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–0162 or
(202) 482–0408, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 19, 2014, Commerce
signed an agreement under section
704(c) of the Act, with the GOM,
suspending the countervailing duty
(CVD) investigation on sugar from
Mexico.1 On January 15, 2020, the CVD
Agreement was amended.2
1 See Agreement Suspending the Countervailing
Duty Investigation of Sugar from Mexico, 79 FR
78044 (December 29, 2014) (CVD Agreement).
2 See Sugar from Mexico: Amendment to the
Agreement Suspending the Countervailing Duty
Investigation, 85 FR 3613 (January 22, 2020) (CVD
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 935-938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00080]
-----------------------------------------------------------------------
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 and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that exporters of
certain aluminum foil (aluminum foil) from the People's Republic of
China
[[Page 936]]
(China) made sales of subject merchandise at prices less than normal
value during the period of review (POR) April 1, 2019, through March
31, 2020.
DATES: Applicable January 7, 2022.
FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin 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) 482-4275 or (202)
482-4475 respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results on July 7, 2021.\1\ On
October 28, 2021, and December 14, 2021, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce
extended the deadline for issuing the final results, until December 30,
2021.\2\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
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\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Antidumping Duty Administrative
Review, and Preliminary Determination of No Shipments; 2019-2020, 86
FR 35747 (July 7, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 28, 2021;
see also Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated December 14, 2021.
\3\ 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; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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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), and (2) Jiangsu Alcha Aluminum Co., Ltd.
(Jiangsu Alcha). The administrative review also covers 11 other
companies that were not selected for individual examination.\4\
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\4\ We incorrectly stated in the Preliminary Results that this
administrative review covers 14 companies that were not selected for
individual examination. The correct number is 11 companies.
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Scope of the Order \5\
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\5\ 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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The merchandise covered by the Order 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://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties, we made certain changes to the preliminary margin
calculation for Zhongji,\6\ and consequently, to the rate assigned to
the non-examined, separate rate respondents.\7\
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\6\ See Memorandum, ``Zhongji Analysis for the Final Results''
(Zhongji Final Analysis Memorandum); Memorandum, ``Final Results
Surrogate Value Memorandum'' (Final Results Surrogate Value
Memorandum), both dated concurrently with this notice.
\7\ For details on the changes made since the Preliminary
Results, see the Issues and Decision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; Hangzhou Teemful
Aluminium Co., Ltd.; and Hangzhou Five Star Aluminium Co., Ltd. had no
shipments of subject merchandise during the POR.\8\ We received no
information to contradict this determination.\9\ Therefore, we continue
to find that these companies had no shipments of subject merchandise
during the POR and will issue appropriate liquidation instructions that
are consistent with our ``automatic assessment'' clarification for
these final results.\10\
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\8\ See Preliminary Results, 86 FR at 35747.
\9\ We received interested party comments that certain company
names contained minor spelling errors in the Preliminary Results,
and we have corrected the spellings for these final results. See
Issues and Decision Memorandum at Comment 10.
\10\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
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Separate Rate Respondents
In the Preliminary Results, we found that each of the following
companies demonstrated its eligibility for separate rate status: (1)
Zhongji; (2) Alcha International Holdings Limited; (3) Dingsheng
Aluminum Industries (Hong Kong) Trading Co.; (4) Hangzhou Dingsheng
Import & Export Co., Ltd.; (5) Hunan Suntown Marketing Limited; (6)
Shanghai Huafon Aluminum Corporation; (7) Suntown Technology Group
Limited; (8) Xiamen Xiashun Aluminum Foil Co., Ltd,; and (9) Yinbang
Clad Materials Co., Ltd. (Yinbang Clad).\11\ We received comments with
respect to Shanghai Huafon Aluminum Corporation; we find that this
company was incorrectly included in the preliminary list of companies
eligible for a separate rate, and we have removed this company for the
final results.\12\ We also received comments that certain company names
were incorrectly identified in the Preliminary Results, and we have
corrected the spellings of these company names for these final
results.\13\ We received no other argument since the issuance of the
Preliminary Results that provide a basis for reconsideration of these
determinations.
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\11\ See Preliminary Results Preliminary Decision Memorandum at
10-14.
\12\ See Issues and Decision Memorandum at Comment 11.
\13\ See Issues and Decision Memorandum at Comment 10.
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Therefore, we find for these final results that the following
companies demonstrated their eligibility for separate rate status: (1)
Zhongji; (2) Alcha International Holdings Limited; (3) Dingsheng
Aluminium Industries (Hong Kong) Trading Co., Limited (a.k.a Dingsheng
Aluminium Industries (Hong Kong) Trading Co., Ltd.); (4) Hangzhou
Dingsheng Import&Export Co., Ltd. (a.k.a. Hangzhou Dingsheng Import and
Export Co., Ltd.); (5) Hunan Suntown Marketing Limited; (6) Suntown
Technology Group Corporation Limited (a.k.a. Suntown Technology Group
Co., Ltd.; (7) Xiamen Xiashun Aluminum Foil Co., Ltd, and (8) Yinbang
Clad Materials Co., Ltd. (Yinbang Clad).
Rate for Non-Examined Separate Rate Respondents
As noted in the Preliminary Results,\14\ the statute and Commerce's
regulations do not address what rate to apply to
[[Page 937]]
respondents not selected for individual examination when Commerce
limits its examination in an administrative review pursuant to section
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5)
of the Act, which provides instructions for calculating the all-others
rate in an investigation, for guidance when calculating the rate for
non-selected respondents that are not examined individually in an
administrative review. Section 735(c)(5)(A) of the Act states that the
all-others rate should be calculated by averaging the weighted-average
dumping margins for individually examined respondents, excluding rates
that are zero, de minimis, or based entirely on facts available. Where
the rates for the individually examined companies are all zero, de
minimis, or based entirely on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may use ``any reasonable method'' to
establish the all-others rate. In this review, we calculated a rate for
Zhongji that is not zero, de minimis, or based entirely on facts
available, and we have continued to assign the rate calculated for
Zhongji to the companies not selected for individual examination but
that are eligible for a separate rate.
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\14\ See Preliminary Results, 86 FR at 35748.
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Final Results of Review
Commerce determines that the following weighted-average dumping
margins exist for the period April 1, 2019, through March 31, 2020:
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Final weighted-
Exporter average dumping
margin (percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 62.02
Jiangsu Zhongji Lamination Materials Stock Co.,
Ltd./Jiangsu Zhongji Lamination Materials Co.,
Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd...
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Review-Specific Rate Applicable to the Following Companies \15\
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Alcha International Holdings Limited............... 62.02
Dingsheng Aluminium Industries (Hong Kong) Trading 62.02
Co., Limited (a.k.a Dingsheng Aluminium Industries
(Hong Kong) Trading Co., Ltd.)....................
Hangzhou Dingsheng Import&Export Co., Ltd. (a.k.a. 62.02
Hangzhou Dingsheng Import and Export Co., Ltd.)...
Hunan Suntown Marketing Limited.................... 62.02
Suntown Technology Group Corporation Limited 62.02
(a.k.a. Suntown Technology Group Co., Ltd.........
Xiamen Xiashun Aluminum Foil Co., Ltd.............. 62.02
Yinbang Clad Materials Co., Ltd.................... 62.02
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\15\ Rate applicable to the non-examined separate rate
respondents, as discussed above.
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results, or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
China-Wide Entity
In the Preliminary Results, Commerce found that Jiangsu Alcha and
SNTO International Group Limited (SNTO) did not establish eligibility
for a separate rate because SNTO did not file a separate rate
application or certification with Commerce, and because Jiangsu Alcha
failed to respond to our standard NME antidumping questionnaire. No
interested party commented on Commerce's preliminary determination with
respect to Jiangsu Alcha and SNTO. Therefore, for these final results,
we determine these companies to be part of the China-wide entity.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\16\ 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.\17\
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\16\ 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).
\17\ See Order, 83 FR 17362.
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Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries covered by
this review. 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).
For each individually examined respondent in this review which has
a final weighted-average dumping margin that is not zero or de minimis
(i.e., less than 0.5 percent), we will calculate importer- (or
customer-) specific per-unit duty assessment rates based on the ratio
of the total amount of dumping calculated for the importer's (or
customer's) examined sales to the total sales quantity associated with
those sales, in accordance with 19 CFR 351.212(b)(l).\18\ We will also
calculate estimated ad valorem importer-specific assessment rates with
which to determine whether the per-unit assessment rates are de
minimis.\19\ Where either the respondent's weighted-average dumping
margin is zero or de minimis, or an importer- (or customer-) specific
assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\20\
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\18\ See Zhongji Final Analysis Memorandum at Attachment 2.
\19\ Id.
\20\ See 19 CFR 351.106(c)(2).
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For the respondents which were not selected for individual
examination in this administrative review and which qualified for a
separate rate, the assessment rate will be equal to the rate assigned
to them for the final results (i.e., 62.02 percent). For the companies
identified as part of the China-wide
[[Page 938]]
entity, we will instruct CBP to apply a per-unit assessment rate of
105.80 percent to all entries of subject merchandise during the POR
which were produced or exported by those companies. Pursuant to a
refinement in our non-market economy practice, for sales that were not
reported in the U.S. sales data submitted by companies individually
examined during this review, we will instruct CBP to liquidate entities
associated with those sales at the rate for the China-wide entity.
Furthermore, where we found that an exporter under review had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
cash deposit rate) will be liquidated at the rate for the China-wide
entity.\21\
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\21\ For a full description of this practice, see Assessment
Practice Refinement, 86 FR 65694.
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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 the companies
identified in the chart above, 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 Regarding Reimbursement of Duties
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.
Notification Regarding Administrative Protective Orders (APO)
This notice also serves as a final reminder to parties subject to
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.
Dated: December 30, 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
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: Selection of Surrogate Country
Comment 2: HTS Classifications for Certain Material Inputs and
By-Products
Comment 3: Ocean Freight
Comment 4: Double Remedies Adjustment
Comment 5: Sales to Foreign Trade Zones
Comment 6: Differential Pricing Methodology
Comment 7: Calculation of Zhongji's Margin
Comment 8: Separate Rate Margin
Comment 9: Selection of Individually Examined Respondents
Comment 10: Correction of Company Names
Comment 11: Review of Shanghai Huafon Aluminum Corporation
VI. Recommendation
[FR Doc. 2022-00080 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P
