Certain Aluminum Foil From People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2021-2022, 76734-76736 [2023-24599]
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76734
Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
Comment 3: Whether Commerce Should
Include Petitioner’s Density Benchmark
Data to Measure the Adequacy of
Remuneration for the Provision of Sawn
Wood and Fiberboard
Comment 4: Whether Commerce Should
Apply AFA to the Provision of
Electricity for Less Than Adequate
Remuneration (LTAR)
Comment 5: Whether Commerce Should
Continue to Countervail the Provision of
Certain Inputs for LTAR Based on AFA
Comment 6: Whether Commerce Should
Use a Free-On-Board (FOB) Sales
Denominator
Comment 7: Whether Commerce Should
Change Benchmarks Used to Measure the
Benefit for Certain Policy Loans
Received by Fujian Dushi Wooden
Industry Company (Dushi)
Comment 8: Whether Commerce Should
Calculate All Benefits under the
Provision of Electricity for LTAR
Comment 9: Whether Commerce Should
Adjust Certain Sales Denominators to
Conduct the 0.5% Test for ‘‘Other
Subsidies’’ Received by Dushi
Comment 10: Whether Commerce Should
Correct Errors in the Calculations Used
to Measure the Adequacy of
Remuneration from the Provision of
Certain Inputs
Comment 11: Whether Commerce Should
Adjust the Calculation of Benchmark
Interest Applied to Jiangsu Sunwell
Cabinetry Co., Ltd.’s (Sunwell) Loans
Comment 12: Whether Commerce Should
Adjust the Benefit Calculation for the
Provision of Electricity for LTAR
Program for Sunwell
XI. Recommendation
[FR Doc. 2023–24582 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053]
Certain Aluminum Foil From People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
certain companies under review sold
certain aluminum foil (aluminum foil)
from the People’s Republic of China
(China) at less than normal value during
the period of review (POR) April 1,
2021, through March 31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
16:30 Nov 06, 2023
Jkt 262001
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4475.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published
the Preliminary Results and invited
interested parties to comment.1 On
August 28, 2023, we extended the
deadline for these final results until
November 1, 2023.2 For a full summary
of the events that occurred since
Commerce published the Preliminary
Results, see the Issues and Decision
Memorandum.3 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 4
The merchandise covered by the
Order is certain aluminum foil from
China. For a complete description of the
scope of the Order, see the Issues and
Decision Memorandum.
margin calculations for Jiangsu
Dingsheng New Materials Joint-Stock
Co., Ltd.; Dingsheng Aluminium
Industries (Hong Kong) Trading Co.,
Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co.,
Ltd.); Hangzhou Dingsheng Import &
Export Co., Ltd. (Hangzhou Dingsheng
Import and Export Co., Ltd.); Hangzhou
Five Star Aluminium Co., Ltd.;
Hangzhou Teemful Aluminium Co.,
Ltd.; Inner Mongolia Liansheng New
Energy Material Co., Ltd.; and Inner
Mongolia Xinxing New Energy Material
Co., Ltd. (collectively, Dingsheng).6 For
a discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that Shanghai
Shenyan Packaging Materials JointStock Co., Ltd. (Shanghai Shenyan) had
no shipments of subject merchandise
during the POR. We received no
information to contradict this
determination.7 Therefore, we continue
to find that Shanghai Shenyan 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.8
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in the appendix to this
notice.5 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
Separate Rates
and Compliance’s Antidumping and
Countervailing Duty Centralized
In the Preliminary Results, we
Electronic Service System (ACCESS).
determined that the Dingsheng single
ACCESS is available to registered users
entity 9 was eligible for a separate rate,
at https://access.trade.gov. In addition, a
complete version of the Issues and
6 In the Preliminary Results we inadvertently
Decision Memorandum can be found at
omitted identifying Jiangsu Dingsheng New
Materials Joint-Stock Co., Ltd. as part of the
https://access.trade.gov/public/
Dingsheng entity, which we have corrected for
FRNoticesListLayout.aspx.
these final results. See Preliminary Results, 88 FR
Changes From the Preliminary Results
Based on our analysis of the
comments received from interested
parties, we made certain changes to the
1 See Certain Aluminum Foil from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, Partial
Rescission of Antidumping Administrative Review,
and Preliminary Determination of No Shipments;
2021–2022, 88 FR 29092 (May 5, 2023) (Preliminary
Results) and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2021–2022 Antidumping Duty
Administrative Review,’’ dated August 28, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People’s Republic
of China;’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
4 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).
5 See appendix.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
at 29092–93.
7 Id., 88 FR at 29093.
8 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
9 Consistent with a prior segment of this
proceeding, we have continued to find that Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd.;
Dingsheng Aluminium Industries (Hong Kong)
Trading Co., Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Ltd.);
Hangzhou Dingsheng Import&Export Co., Ltd.
(Hangzhou Dingsheng Import and Export Co., Ltd.);
Hangzhou Five Star Aluminium Co., Ltd.;
Hangzhou Teemful Aluminium Co., Ltd.; Inner
Mongolia Liansheng New Energy Material Co.; and
Inner Mongolia Xinxing New Energy Material Co.,
Ltd. are affiliated entities, pursuant to sections
771(33)(E), (F), and (G) of the Act, and that they
should be treated as a single entity pursuant to 19
CFR 351.401(f)(1)–(2). See Antidumping Duty
Investigation of Certain Aluminum Foil from the
People’s Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and
Accompanying Preliminary Decision Memorandum,
82 FR 50858 (November 2, 2017), and
accompanying PDM at 16–18, unchanged in Certain
Aluminum Foil from the People’s Republic of
E:\FR\FM\07NON1.SGM
07NON1
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
and that Shanghai Huafon Aluminum
Corporation (Shanghai Huafon) is
ineligible for a separate rate because it
did not file a response to our
antidumping duty questionnaire.10 No
interested parties submitted comments
on Commerce’s preliminary separaterate determinations. For these final
results, we continue to determine that
the Dingsheng single entity is eligible
for a separate rate, and that Shanghai
Huafon is ineligible for a separate rate.
The China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the China-wide entity.11
Because no party requested a review of
the China-wide entity, and Commerce
did not self-initiate a review of the
entity, the China-wide entity is not
under review, and the weighted-average
dumping margin for the China-wide
entity (i.e., 105.80 percent) is not subject
to change.12 Because Shanghai Huafon
did not demonstrate its eligibility for a
separate rate, we determine Shanghai
Huafon to be part of the China-wide
entity.
Final Results of Administrative Review
We determine that the following
estimated weighted-average dumping
margins exist for the period April 1,
2021, through March 31, 2022:
Weighted-average
dumping margin
(percent)
Exporter
Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.)/Hangzhou Dingsheng Import & Export Co., Ltd.
(Hangzhou Dingsheng Import and Export Co., Ltd.)/Hangzhou Five Star Aluminium Co., Ltd./Hangzhou Teemful Aluminium Co., Ltd./Inner Mongolia Liansheng New Energy Material Co., Ltd./Inner Mongolia Xinxing New Energy Material
Co., Ltd .....................................................................................................................................................................................
khammond on DSKJM1Z7X2PROD with NOTICES
Disclosure
Pursuant to 19 CFR 351.224(b), we
intend to disclose to parties in this
proceeding the calculations performed
for Dingsheng within five days of the
publication of this notice in the Federal
Register.
Assessment Rates
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in this review, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b). We
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
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).
Where Dingsheng reported reliable
entered values, we calculated importer(or customer-) specific ad valorem rates
by aggregating the dumping margins
calculated for all U.S. sales to each
importer (or customer) and dividing this
amount by the total entered value of the
sales to each importer (or customer).13
Where Commerce calculated a
weighted-average dumping margin by
dividing the total amount of dumping
for reviewed sales to that party by the
total sales quantity associated with
China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
10 See Preliminary Results, 88 FR at 29093; see
also Preliminary Results PDM at 6–9.
VerDate Sep<11>2014
16:30 Nov 06, 2023
Jkt 262001
those transactions, Commerce will
direct CBP to assess importer- (or
customer-) specific assessment rates
based on the resulting per-unit rates.14
Where an importer- (or customer-)
specific ad valorem or per-unit rate is
greater than de minimis (i.e., 0.50
percent), Commerce will instruct CBP to
collect the appropriate duties at the time
of liquidation.15 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.16
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
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 subject merchandise
exported by the companies listed above
that have separate rates, the cash
deposit rate will be the rate established
in these final results of review for each
exporter as listed above; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all Chinese exporters of subject
merchandise that have not been found
11 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, 65969–70 (November 4, 2013).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
32.81
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Reimbursement of Duties
This notice also serves as the 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 the POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Importers
This notice 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 and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
12 See
13 See
Order, 84 FR at 2814.
19 CFR 351.212(b)(1).
14 Id.
15 Id.
16 See
E:\FR\FM\07NON1.SGM
19 CFR 351.106(c)(2).
07NON1
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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Notices
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an 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, 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
These final results of review are
issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(5).
Dated: November 1, 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. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Financial Ratios
Comment 3: Double Remedies Adjustment
Comment 4: Differential Pricing
VI. Recommendation
[FR Doc. 2023–24599 Filed 11–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Internet of Things
Advisory Board
National Institute of Standards
and Technology (NIST).
ACTION: Notice of open meeting.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
The Internet of Things (IoT)
Advisory Board will meet Tuesday,
December 12 and Wednesday, December
13, 2023 from 11 a.m. until 5 p.m.,
eastern time. Both sessions will be open
to the public.
SUMMARY:
VerDate Sep<11>2014
16:30 Nov 06, 2023
Jkt 262001
The Internet of Things (IoT)
Advisory Board will meet Tuesday,
December 12 and Wednesday, December
13, 2023 from 11 a.m. until 5 p.m.,
eastern time.
ADDRESSES: The meeting will be virtual
via Webex webcast hosted by the
National Cybersecurity Center of
Excellence (NCCoE) at NIST. Please note
registration instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Barbara Cuthill, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–3273, Email address:
barbara.cuthill@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C.1001 et seq., notice
is hereby given that the IoT Advisory
Board will hold open meetings on
Tuesday, December 12 and Wednesday,
December 13, 2023 from 11 a.m. until 5
p.m., eastern time. Both sessions will be
open to the public. The IoT Advisory
Board is authorized by section
9204(b)(5) of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283) and advises the IoT
Federal Working Group convened by the
Secretary of Commerce pursuant to
section 9204(b)(1) of the Act on matters
related to the Federal Working Group’s
activities. Details regarding the IoT
Advisory Board’s activities are available
at https://www.nist.gov/itl/appliedcybersecurity/nist-cybersecurity-iotprogram/internet-things-advisory-board.
The agenda for the December meeting
is expected to focus on finalizing the
organization of the recommendations to
be included in the IoT Advisory Board’s
report for the IoT Federal Working
Group as well as continued refinement
of that report and filling gaps in those
recommendations.
The recommendations and
discussions are expected to focus on the
specific focus areas for the report cited
in the legislation and the charter:
• Smart traffic and transit technologies
• Augmented logistics and supply
chains
• Sustainable infrastructure
• Precision agriculture
• Environmental monitoring
• Public safety
• Health care
In addition, the IoT Advisory Board
may discuss other elements that the
legislation called for in the report:
• whether adequate spectrum is
available to support the growing
DATES:
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Fmt 4703
Sfmt 4703
Internet of Things and what legal or
regulatory barriers may exist to
providing any spectrum needed in
the future;
• policies, programs, or multistakeholder activities that—
Æ promote or are related to the privacy
of individuals who use or are
affected by the Internet of Things;
Æ may enhance the security of the
Internet of Things, including the
security of critical infrastructure;
Æ may protect users of the Internet of
Things; and
Æ may encourage coordination among
Federal agencies with jurisdiction
over the Internet of Things
Note that agenda items may change
without notice. The final agendas will
be posted on the IoT Advisory Board
web page: https://www.nist.gov/itl/
applied-cybersecurity/nistcybersecurity-iot-program/internetthings-advisory-board.
Public Participation: Written
comments and requests to present
comments orally to the IoT Advisory
Board from the public are invited and
may be submitted electronically by
email to Barbara Cuthill at the contact
information indicated in the FOR
FURTHER INFORMATION CONTACT section of
this notice by 5 p.m. on the Tuesday,
December 5, 2023 to allow distribution
of written comments to IoT Advisory
Board members prior to the meeting.
Each IoT Advisory Board meeting
agenda will include a period, not to
exceed sixty minutes, for oral
presentation of comments from the
public. Oral presentation of comments
from the public during this sixty-minute
period will be accommodated on a firstcome, first-served basis and limited to
five minutes per person for oral
presentation if requested by the
commenter.
Members of the public who wish to
expand upon their submitted comments,
those who had wished to present
comments orally but could not be
accommodated on the agenda, and those
who were unable to attend the meeting
via webinar, are invited to submit
written statements. In addition, written
statements are invited and may be
submitted to the IoT Advisory Board at
any time. All written statements should
be directed to the IoT Advisory Board
Secretariat, Information Technology
Laboratory by email to:
Barbara.Cuthill@nist.gov.
E:\FR\FM\07NON1.SGM
07NON1
Agencies
[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76734-76736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24599]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From People's Republic of China: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain companies under review sold certain aluminum foil (aluminum
foil) from the People's Republic of China (China) at less than normal
value during the period of review (POR) April 1, 2021, through March
31, 2022.
DATES: Applicable November 7, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-4475.
SUPPLEMENTARY INFORMATION:
Background
On May 5, 2023, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On August 28, 2023, we
extended the deadline for these final results until November 1,
2023.\2\ For a full summary of the events that occurred since Commerce
published the Preliminary Results, see the Issues and Decision
Memorandum.\3\ Commerce conducted this review in accordance with
section 751(a) of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative
Review, Partial Rescission of Antidumping Administrative Review, and
Preliminary Determination of No Shipments; 2021-2022, 88 FR 29092
(May 5, 2023) (Preliminary Results) and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2021-2022 Antidumping Duty Administrative Review,'' dated August 28,
2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Antidumping Duty Administrative
Review of Certain Aluminum Foil from the People's Republic of
China;'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is certain aluminum foil from
China. For a complete description of the scope of the Order, see the
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum and are listed in the appendix to
this notice.\5\ 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\5\ See appendix.
---------------------------------------------------------------------------
Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we made certain changes to the margin calculations for Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd.; Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Ltd.); Hangzhou Dingsheng Import &
Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co., Ltd.);
Hangzhou Five Star Aluminium Co., Ltd.; Hangzhou Teemful Aluminium Co.,
Ltd.; Inner Mongolia Liansheng New Energy Material Co., Ltd.; and Inner
Mongolia Xinxing New Energy Material Co., Ltd. (collectively,
Dingsheng).\6\ For a discussion of these changes, see the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\6\ In the Preliminary Results we inadvertently omitted
identifying Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. as
part of the Dingsheng entity, which we have corrected for these
final results. See Preliminary Results, 88 FR at 29092-93.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined that
Shanghai Shenyan Packaging Materials Joint-Stock Co., Ltd. (Shanghai
Shenyan) had no shipments of subject merchandise during the POR. We
received no information to contradict this determination.\7\ Therefore,
we continue to find that Shanghai Shenyan 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.\8\
---------------------------------------------------------------------------
\7\ Id., 88 FR at 29093.
\8\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
---------------------------------------------------------------------------
Separate Rates
In the Preliminary Results, we determined that the Dingsheng single
entity \9\ was eligible for a separate rate,
[[Page 76735]]
and that Shanghai Huafon Aluminum Corporation (Shanghai Huafon) is
ineligible for a separate rate because it did not file a response to
our antidumping duty questionnaire.\10\ No interested parties submitted
comments on Commerce's preliminary separate-rate determinations. For
these final results, we continue to determine that the Dingsheng single
entity is eligible for a separate rate, and that Shanghai Huafon is
ineligible for a separate rate.
---------------------------------------------------------------------------
\9\ Consistent with a prior segment of this proceeding, we have
continued to find that Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd.; Dingsheng Aluminium Industries (Hong Kong) Trading Co.,
Limited (Dingsheng Aluminium Industries (Hong Kong) Trading Co.,
Ltd.); Hangzhou Dingsheng Import&Export Co., Ltd. (Hangzhou
Dingsheng Import and Export Co., Ltd.); Hangzhou Five Star Aluminium
Co., Ltd.; Hangzhou Teemful Aluminium Co., Ltd.; Inner Mongolia
Liansheng New Energy Material Co.; and Inner Mongolia Xinxing New
Energy Material Co., Ltd. are affiliated entities, pursuant to
sections 771(33)(E), (F), and (G) of the Act, and that they should
be treated as a single entity pursuant to 19 CFR 351.401(f)(1)-(2).
See Antidumping Duty Investigation of Certain Aluminum Foil from the
People's Republic of China: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination and Accompanying Preliminary Decision Memorandum, 82
FR 50858 (November 2, 2017), and accompanying PDM at 16-18,
unchanged in Certain Aluminum Foil from the People's Republic of
China: Final Determination of Sales at Less Than Fair Value, 83 FR
9282 (March 5, 2018).
\10\ See Preliminary Results, 88 FR at 29093; see also
Preliminary Results PDM at 6-9.
---------------------------------------------------------------------------
The China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\11\ Because no party
requested a review of the China-wide entity, and Commerce did not self-
initiate a review of the entity, the China-wide entity is not under
review, and the weighted-average dumping margin for the China-wide
entity (i.e., 105.80 percent) is not subject to change.\12\ Because
Shanghai Huafon did not demonstrate its eligibility for a separate
rate, we determine Shanghai Huafon to be part of the China-wide entity.
---------------------------------------------------------------------------
\11\ 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, 65969-70 (November
4, 2013).
\12\ See Order, 84 FR at 2814.
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Final Results of Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period April 1, 2021, through March 31, 2022:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Jiangsu Dingsheng New Materials Joint-Stock Co., 32.81
Ltd.; Dingsheng Aluminium Industries (Hong Kong)
Trading Co., Limited (Dingsheng Aluminium
Industries (Hong Kong) Trading Co., Ltd.)/Hangzhou
Dingsheng Import & Export Co., Ltd. (Hangzhou
Dingsheng Import and Export Co., Ltd.)/Hangzhou
Five Star Aluminium Co., Ltd./Hangzhou Teemful
Aluminium Co., Ltd./Inner Mongolia Liansheng New
Energy Material Co., Ltd./Inner Mongolia Xinxing
New Energy Material Co., Ltd......................
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), we intend to disclose to parties in
this proceeding the calculations performed for Dingsheng within five
days of the publication of this notice in the Federal Register.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). We intend to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of these final
results 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).
Where Dingsheng reported reliable entered values, we calculated
importer- (or customer-) specific ad valorem rates by aggregating the
dumping margins calculated for all U.S. sales to each importer (or
customer) and dividing this amount by the total entered value of the
sales to each importer (or customer).\13\ Where Commerce calculated a
weighted-average dumping margin by dividing the total amount of dumping
for reviewed sales to that party by the total sales quantity associated
with those transactions, Commerce will direct CBP to assess importer-
(or customer-) specific assessment rates based on the resulting per-
unit rates.\14\ Where an importer- (or customer-) specific ad valorem
or per-unit rate is greater than de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect the appropriate duties at the
time of liquidation.\15\ Where an importer- (or customer-) specific ad
valorem or per-unit rate is zero or de minimis, Commerce will instruct
CBP to liquidate appropriate entries without regard to antidumping
duties.\16\
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\13\ See 19 CFR 351.212(b)(1).
\14\ Id.
\15\ Id.
\16\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (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 that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Reimbursement of Duties
This notice also serves as the 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 the POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Importers
This notice 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 and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
[[Page 76736]]
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
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, 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
These final results of review are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 1, 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. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Financial Ratios
Comment 3: Double Remedies Adjustment
Comment 4: Differential Pricing
VI. Recommendation
[FR Doc. 2023-24599 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P