Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 2021, 75267-75269 [2023-24253]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75267-75269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24253]


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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; 2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that

[[Page 75268]]

countervailable subsidies were provided to certain exporters/producers 
of certain aluminum foil (aluminum foil) from the People's Republic of 
China (China) during the period of review (POR) January 1, 2021, 
through December 31, 2021.

DATES: Applicable November 2, 2023.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison, 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) 482-1240.

SUPPLEMENTARY INFORMATION:

Background

    On May 4, 2023, Commerce published the Preliminary Results of this 
administrative review in the Federal Register.\1\ For a complete 
description of the events that occurred since the Preliminary Results, 
see the Issues and Decision Memorandum.\2\
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    \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; 2021, 88 FR 28496 (May 4, 
2023) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Certain Aluminum Foil from the People's Republic of China; 2021,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order 3
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    \3\ See Certain Aluminum Foil from the People's Republic of 
China: Amended Final Affirmative Countervailing Duty Determination 
and Countervailing Duty Order, 83 FR 17360 (April 19, 2018); see 
also Certain Aluminum Foil from the People's Republic of China: 
Notice of Court Decision Not in Harmony With the Amended Final 
Determination in the Countervailing Duty Investigation, and Notice 
of Amended Final Determination and Amended Countervailing Duty 
Order, 85 FR 47730 (August 6, 2020) (collectively, Order).
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    The product covered by the scope of the Order is aluminum foil from 
China. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed 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 analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Jiangsu Zhongji Lamination Materials 
Co., Ltd. (f/k/a Jiangsu Zhongji Lamination Materials Stock Co., Ltd.) 
(Zhongji). For a discussion of these changes, see the Issues and 
Decision Memorandum.

Methodology

    Commerce conducted this administrative 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 to be countervailable, we find 
that there is a subsidy, i.e., a government-provided financial 
contribution that gives rise to a benefit to the recipient, and that 
the subsidy is specific.\4\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \4\ 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.
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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general rule, to calculate the all-others rate 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and producers individually investigated, 
excluding any zero or de minimis countervailable subsidy rates, and any 
rates determined entirely on the basis of facts available.
    There are 10 companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with Zhongji, the mandatory respondent. For 
these non-selected companies, because the rate calculated for the only 
participating mandatory respondent in this review, Zhongji, was above 
de minimis and not based entirely on facts available, we are applying 
Zhongji's subsidy rate to the 10 non-selected companies.
    This is the same methodology Commerce applied in the Preliminary 
Results for determining a rate for companies not selected for 
individual examination. However, due to changes in the calculation for 
Zhongji, we revised the non-selected rate accordingly. Consequently, 
for the 10 non-selected companies for which a review was requested and 
not rescinded, we are applying an ad valorem subsidy rate of 25.32 
percent.\5\
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    \5\ This reflects the net countervailable ad valorem subsidy 
rate without the entered value adjustment (EVA). See Issues and 
Decision Memorandum at 4.
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Final Results of Review

    We determine the following net countervailable subsidy rates exist 
for the period January 1, 2021, through December 31, 2021:
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    \6\ In the first administrative review of the Order, Commerce 
found the following companies to be cross-owned: Anhui Maximum 
Aluminium Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry 
Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a 
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.); Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun Package 
Material Stock Co., Ltd.; and Anhui Maximum Aluminium Industries 
Company Ltd. 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). While the petitioners (i.e., the 
Aluminum Association Trade Enforcement Working Group and its 
individual members: JW Aluminum Company, Novelis Corporation, and 
Reynolds Consumer Products, LLC) withdrew their review requests for 
Anhui Maximum Aluminium Industries Company Ltd., Jiangsu Huafeng 
Aluminum Industry Co., Ltd., and Shantou Wanshun Package Material 
Stock Co., Ltd., because these companies were previously found to be 
cross-owned with a company which is subject to this review, we have 
not rescinded the review with respect to these companies.
    \7\ This net countervailable ad valorem subsidy rate reflects an 
EVA. See Issues and Decision Memorandum at 4.
    \8\ The rates reflect the ad valorem net countervailable subsidy 
rate without the entered value adjustment EVA. See Issues and 
Decision Memorandum at 4.

[[Page 75269]]



------------------------------------------------------------------------
                                                           Subsidy rate
                  Producer or exporter                      (percent ad
                                                             valorem)
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Anhui Zhongji Battery Foil Science & Technology Co.,           \7\ 24.49
 Ltd. (aka Anhui Zhongji Battery Foil Sci&Tech Co.,
 Ltd.); Jiangsu Huafeng Aluminum Industry Co., Ltd.;
 Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a
 Jiangsu Zhongji Lamination Materials Stock Co., Ltd.);
 Jiangsu Zhongji Lamination Materials Co., (HK) Limited;
 and Shantou Wanshun New Material Group Co., Ltd. (f/k/a
 Shantou Wanshun Package Material Stock Co., Ltd.) \6\..
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    Review-Specific Rate Applicable to the Following
                      Companies \8\
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Dingsheng Aluminum Industries (Hong Kong) Trading Co.,             25.32
 Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou
 Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
 Industrial Group Co. Ltd.; Hangzhou Five Star Aluminium
 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 \9\.......................................
Luoyang Longding Aluminium Industries Co., Ltd..........           25.32
Shanghai Shenyan Packaging Materials Co., Ltd...........           25.32
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Disclosure
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    \9\ 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 Aluminium 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.
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    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct U.S. Customs and Border Protection (CBP) to collect 
cash deposits of estimated countervailing duties in the amounts shown 
above for the above-listed companies with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate entries covered by this 
review, for the above-listed companies at the applicable ad valorem 
assessment rates listed. Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after 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).

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    The 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).

    Dated: October 27, 2023.
Lisa W. Wang,
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. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Make an Adverse Inference to 
Find that Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a/
Jiangsu Zhongji Lamination Materials Stock Co., Ltd.) (Zhongji) 
Benefited from the Export Buyer's Credit (EBC) Program
    Comment 2: Whether Commerce Should Grant Zhongji an Entered 
Value Adjustment (EVA)
    Comment 3: Whether Commerce Should Revise Zhongji's Total Sales 
Denominators
    Comment 4: Whether the Provision of Electricity for Less Than 
Adequate Remuneration (LTAR) Is Countervailable
    Comment 5: Whether Commerce Should Revise the Benefit 
Calculation for the Provision of Electricity for LTAR
    Comment 6: Whether Commerce Should Find that the Input Producers 
Are Government Authorities
    Comment 7: Whether Commerce Should Continue to Make an Adverse 
Inference to Find Distortion in the Primary Aluminum and Aluminum 
Plate and/or Sheet and Strip Markets
    Comment 8: Whether Commerce Should Modify the Benchmark for 
Aluminum Plate and/or Sheet and Strip
    Comment 9: Whether Warehousing Fees Should Be Included in the 
Benchmark for Primary Aluminum
    Comment 10: Whether Commerce Should Adjust the Inland Freight 
Benchmark for the Provision of Primary Aluminum and Aluminum Plate 
and/or Sheet and Strip for LTAR Programs
    Comment 11: Whether Commerce Should Revise the Benchmark for the 
Provision of Land for LTAR
    Comment 12: Whether Commerce Should Revise the Benefit 
Calculations for the Provision of Land for LTAR and the Import 
Tariff and Value-Added Tax (VAT) Exemptions on Imported Equipment in 
Encouraged Industries Program
    Comment 13: Whether Commerce Should Apply Adverse Facts 
Available (AFA) to Self-Reported ``Other Subsidies''
    Comment 14: Whether Commerce Should Select Hangzhou Five Star 
Aluminium Co., Ltd., and Its Affiliates, as an Additional Mandatory 
Respondent
IX. Recommendation

[FR Doc. 2023-24253 Filed 11-1-23; 8:45 am]
BILLING CODE 3510-DS-P