Antidumping and Countervailing Duty Orders on Certain Aluminum Foil From the People's Republic of China: Final Affirmative Determinations of Circumvention With Respect to the Republic of Korea and the Kingdom of Thailand, 82824-82828 [2023-26030]
Download as PDF
<![CDATA[
82824
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
Rural Development Innovation Center,
Regulations Management Division, at
202–221–9298. All responses to this
notice will be summarized and included
in the request for OMB approval. All
comments will also become a matter of
public record.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
become a matter of public record.
Andrew Berke,
Administrator, USDA, Rural Utilities Service.
[FR Doc. 2023–26016 Filed 11–24–23; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting of a
Federal advisory committee.
AGENCY:
SUMMARY: The Environmental
Technologies Trade Advisory
Committee (ETTAC) will hold a virtual
meeting, accessible to the public online,
on Thursday, December 14, 2023. The
meeting is open to the public with
registration instructions provided
below. This notice sets forth the
schedule and proposed topics for the
meeting.
The meeting is scheduled for
Thursday, December 14, 2023 from 11
a.m. to 12:30 p.m. Eastern Standard
Time (EST). The deadline for members
of the public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is 5
p.m. EST on Friday, December 1, 2023.
ADDRESSES: The meeting will be held
virtually. Requests to register to
participate (including to speak or for
auxiliary aids) and any written
comments should be submitted via
email to Ms. Megan Hyndman, Office of
Energy & Environmental Industries,
International Trade Administration, at
Megan.Hyndman@trade.gov.
FOR FURTHER INFORMATION CONTACT: Ms.
Megan Hyndman, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–823–
1839; email: Megan.Hyndman@
trade.gov). Registered participants
joining virtually will be emailed the
login information for the meeting,
khammond on DSKJM1Z7X2PROD with NOTICES
DATES:
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
which will be accessible as a livestream
via WebEx Webinar.
The
ETTAC is mandated by section 2313(c)
of the Export Enhancement Act of 1988,
as amended, 15 U.S.C. 4728(c), to advise
the Environmental Trade Working
Group of the Trade Promotion
Coordinating Committee, through the
Secretary of Commerce, on the
development and administration of
programs to expand U.S. exports of
environmental technologies, goods,
services, and products. The ETTAC was
most recently re-chartered through
August 16, 2024.
On Thursday, December 14, 2023
from 11 a.m. to 12:30 p.m. EST, the
ETTAC will hold the fifth meeting of its
current charter term. During the
meeting, committee members will
deliberate on approval of several
proposed recommendations.
The meeting will be open to the
public and time will be permitted for
public comment before the close of the
meeting. Members of the public seeking
to attend the meeting are required to
register by Friday, December 1, 2023, at
5 p.m. EST, via the contact information
provided above. This meeting will be
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to OEEI at
Megan.Hyndman@trade.gov or (202)
823–1839 by the registration deadline.
Requests received after this date will be
accepted, but it may not be possible to
accommodate them.
Written comments concerning ETTAC
affairs are welcome any time before or
after the meeting. To be considered
during the meeting, written comments
must be received by Friday, December 1,
2023, at 5 p.m. EST to ensure
transmission to the members before the
meeting. Draft minutes will be available
within 30 days of this meeting.
SUPPLEMENTARY INFORMATION:
Dated: November 20, 2023.
Man K. Cho,
Deputy Director, Office of Energy and
Environmental Industries.
[FR Doc. 2023–26069 Filed 11–24–23; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–053, C–570–054]
Antidumping and Countervailing Duty
Orders on Certain Aluminum Foil From
the People’s Republic of China: Final
Affirmative Determinations of
Circumvention With Respect to the
Republic of Korea and the Kingdom of
Thailand
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of certain aluminum foil
(aluminum foil) that were exported from
the Republic of Korea (Korea) and from
the Kingdom of Thailand (Thailand),
using inputs (i.e., aluminum foil- and
sheet-gauge products) manufactured in
the People’s Republic of China (China),
as specified below, are circumventing
the antidumping duty (AD) and
countervailing duty (CVD) orders on
aluminum foil from China.
DATES: Applicable November 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael J. Heaney and Mark Flessner,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4475
and (202) 482–6312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 19, 2018, Commerce
published in the Federal Register AD
and CVD orders on U.S. imports of
aluminum foil from China.1 On July 18,
2022, pursuant to section 781(b) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.226(b), Commerce selfinitiated country-wide circumvention
inquiries to determine whether imports
of aluminum foil, completed in Korea
and Thailand (collectively, the third
countries), using inputs (i.e., aluminum
foil- and sheet-gauge products)
manufactured in China, are
circumventing the Orders and,
accordingly, should be covered by the
scope of the Orders.2 On March 22,
BILLING CODE 3510–DR–P
PO 00000
1 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) (AD
Order); see also 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) (CVD Order) (collectively, Orders).
2 See Certain Aluminum Foil from the People’s
Republic of China: Initiation of Circumvention
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\27NON1.SGM
27NON1
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
2023, Commerce published in the
Federal Register its Preliminary
Determinations that imports of certain
aluminum foil that were exported from
Korea and Thailand using inputs (i.e.,
aluminum foil and sheet gauge
products) are circumventing the
Orders.3 On March 28, 2023, Commerce
published a correction to the
Preliminary Determinations which
listed corrected AD and CVD cash
deposit rates associated with the
Preliminary Determinations.4
On July 12 and September 26, 2023,
Commerce extended the deadline for the
final determinations of these
circumvention inquiries to November
17, 2023.5 For a summary of events that
occurred since the Preliminary
Determinations, as well as a full
discussion of the issues raised by parties
for consideration in these final
determinations, see the Issues and
Decision Memoranda.6
The Issues and Decision Memoranda
are public documents and are on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS). A
list of issues discussed in the Issues and
Decision Memoranda are included as
Appendix I to this notice. ACCESS is
available to registered users at https://
access.trade.gov. In addition, complete
versions of the Issues and Decision
Memoranda can be accessed directly at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Inquiries on the Antidumping Duty and
Countervailing Duty Orders, 87 FR 42702 (July 18,
2022) (Initiation Notice).
3 Antidumping and Countervailing Duty
Determinations on Certain Aluminum Foil from the
People’s Republic of China: Preliminary Affirmative
Determinations of Circumvention with Respect to
the Republic of Korea and the Kingdom of
Thailand, 88 FR 17177 (March 22, 2023)
(Preliminary Determinations), and accompanying
Korea Preliminary Decision Memorandum (Korea
PDM) and Thailand Preliminary Decision
Memorandum (Thailand PDM) (collectively,
Preliminary Decision Memoranda).
4 See Antidumping and Countervailing Duty
Orders on Certain Aluminum Foil from the People’s
Republic of China: Preliminary Affirmative
Determinations of Circumvention With Respect to
the Republic of Korea and the Kingdom of
Thailand; Correction, 88 FR 18297 (March 28, 2023)
(Preliminary Determinations Correction).
5 See Memoranda, ‘‘Extension of Final
Determinations in Circumvention Inquiries,’’ dated
July 12, 2023; and ‘‘Extension of Final
Determinations in Circumvention Inquiries,’’ dated
September 26, 2023.
6 See Memoranda, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Circumvention Determination of the Antidumping
Duty Order on Certain Aluminum Foil from the
People’s Republic of China with Respect to the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice; and ‘‘Issues and
Decision Memorandum for the Circumvention
Determination of the Antidumping Duty Order on
Certain Aluminum Foil from the People’s Republic
of China with Respect to the Kingdom of Thailand,’’
dated concurrently with, and hereby adopted by,
this notice (collectively, Issues and Decision
Memoranda).
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memoranda. Based on our
analysis of the comments received from
interested parties, we made no changes
to the Preliminary Determinations,
except for revisions to the certification
language (see Appendix II), which we
have modified in response to comments
to allow parties to also use the
certifications when their third-country
shipments of certain aluminum foil
reflect prevailing aluminum cash
deposit rates.
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
Scope of the Order
The merchandise covered by the
Orders is certain aluminum foil. For a
full description of the scope of the
Orders, see the Issues and Decision
Memoranda.
Merchandise Subject to the
Circumvention Inquiry
These circumvention inquiries cover
aluminum foil, assembled or completed
in Korea and Thailand using Chineseorigin aluminum foil and/or sheet, that
is subsequently exported from Korea
and Thailand to the United States
(inquiry merchandise).
Methodology
Commerce conducted these
circumvention inquiries in accordance
with section 781(b) of the Act and 19
CFR 351.226. See Preliminary
Determinations Korea PDM and
Thailand PDM for a full description of
the methodology.7 We have continued
to apply this methodology, without
exception, and incorporate by reference
this description of the methodology, for
our final determinations.
Analysis of Comments Received
Final Circumvention Determinations
We determine that aluminum foil,
assembled or completed in Korea and
Thailand by the entities identified in
Appendix II to this notice, using
Chinese-origin aluminum foil and/or
sheet, that is subsequently exported
from Korea or Thailand to the United
States, is circumventing the Orders. For
a detailed explanation of our
determinations with respect to the
entities identified in Appendix II, see
the Preliminary Decision Memoranda
and the ‘‘Use of Adverse Facts
7 See
Preliminary Determinations Korea PDM at
6–23 and Thailand PDM at 8–23.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
82825
Available’’ section of this notice,
below.8
We also determine that U.S imports of
inquiry merchandise exported from
Korea and Thailand are circumventing
the Orders on a country-wide basis. As
a result, in accordance with section
781(b) of the Act, we determine that this
merchandise is covered by the Orders.
See the ‘‘Suspension of Liquidation
and Cash Deposit Requirements’’
section below for details regarding
suspension of liquidation and cash
deposit requirements. See the
‘‘Certification’’ and ‘‘Certification
Requirements’’ sections below for
details regarding the use of
certifications.
Use of Adverse Facts Available
Within the context of the Thailand
inquiry, Commerce continues to find
that necessary information is not
available on the record with respect to
Sankyu Thai Co., Ltd. (Sankyu) within
the meaning of section 776(a)(1) of the
Act, and that Sankyu withheld
requested information, failed to provide
requested information by the deadline
or in the form or manner requested, and
significantly impeded these inquiries
pursuant to sections 776(a)(1), (A), (B),
and (C) of the Act. Moreover, Commerce
continues to find that Sankyu failed to
cooperate by not acting to the best of its
ability to provide requested information
pursuant to section 776(b)(1) of the Act.
Consequently, we have continued to use
adverse inferences with respect to
Sankyu in selecting from among the
facts otherwise available on the record,
pursuant to sections 776(a) and (b) of
the Act, for the reasons discussed in the
Preliminary Determinations.9
Based on the adverse facts available
used, we determine that Sankyu
exported inquiry merchandise and that
U.S. entries of that merchandise are
circumventing the Orders. Additionally,
we are precluding Sankyu from
participating in the certification
programs that we are establishing for
exports of aluminum foil from Thailand.
U.S. entries of inquiry merchandise
made on or after July 18, 2022, that are
ineligible for certification based on the
failure of Sankyu to cooperate, or for
other reasons, shall remain subject to
suspension of liquidation until final
assessment instructions on those entries
are issued, whether by automatic
liquidation instructions, or by
instructions pursuant to the final results
of an administrative review. Interested
parties that wish to have their
8 See Preliminary Determinations Korea PDM at
2–3 and Thailand PDM at 2–3 and 15.
9 See Preliminary Determinations, 88 FR 17178.
E:\FR\FM\27NON1.SGM
27NON1
82826
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
suspended entries, if any, reviewed, and
their ineligibility for the certification
program reevaluated, should request an
administrative review of the relevant
suspended entries during the
anniversary month of these Orders.10
khammond on DSKJM1Z7X2PROD with NOTICES
Suspension of Liquidation and Cash
Deposit Requirements
Based on the affirmative country-wide
determination of circumvention for
Korea and Thailand, in accordance with
19 CFR 351.226(l)(3), Commerce will
direct U.S. Customs and Border
Protection (CBP) to suspend liquidation
and require a cash deposit of estimated
duties on unliquidated entries of entries
of aluminum foil, assembled or
completed in Korea and Thailand using
Chinese-origin aluminum foil and/or
sheet, for consumption on or after July
18, 2022, the date of publication of the
initiation of these circumvention
inquiries in the Federal Register.
For exporters of aluminum foil that
have a company-specific cash deposit
rate under the AD Order and/or CVD
Order, the cash deposit rate will be the
company-specific AD and/or CVD cash
deposit rate established for that
company in the most recently
completed segment of the aluminum foil
proceedings. For exporters of aluminum
foil that do not have a company-specific
cash deposit rate under the AD Order
and/or CVD Order, the cash deposit rate
will be the company-specific cash
deposit rate established under the AD
Order and/or CVD Order for the
company that exported the aluminum
foil and/or sheet to the producer/
exporter in Korea or Thailand that was
incorporated in the imported aluminum
foil. If neither the exporter of the
aluminum foil from Korea or Thailand,
nor the Chinese exporter of the
aluminum foil and/or sheet, has a
company-specific cash deposit rate, the
AD cash deposit rate will be the Chinawide rate (i.e., 95.15 percent), and the
CVD cash deposit rate will be the allothers rate (i.e., 13.28 percent).11
Commerce has established the following
third-country case numbers in the
Automated Commercial Environment
(ACE) for such entries: Korea—A–580–
053/C–580–054; Thailand—A–549–053/
C–549–054. The suspension of
liquidation will remain in effect until
further notice.
Certified Entries
Entries for which the importer and
exporter have met the certification
requirements described below and in
10 See
19 CFR 351.213(b).
Preliminary Determinations Correction, 88
FR 18287.
11 See
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
Appendix III to this notice will not be
subject to suspension of liquidation, or
the cash deposit requirements described
above. Failure to comply with the
applicable certification requirements
may result in the merchandise being
subject to antidumping and
countervailing duties.
Certifications
To administer the country-wide
affirmative determinations of
circumvention for Korea and Thailand,
Commerce established importer and
exporter certifications which will
permit importers and exporters to
establish that specific entries of
aluminum foil from Korea or Thailand
are not subject to suspension of
liquidation or the collection of cash
deposits pursuant to these affirmative
determinations of circumvention
because the merchandise meets the
requirements described in the
certification (see Appendix III to this
notice). Because Sankyu was noncooperative, it is not eligible to use the
certification described above.12
Importers and exporters that claim
that the entry of aluminum foil is not
subject to suspension of liquidation or
the collection of cash deposits based on
the inputs used to manufacture such
merchandise must complete the
applicable certification and meet the
certification and documentation
requirements described below, as well
as the requirements identified in the
applicable certification.
Certification Requirements for Korea
and Thailand
Importers are required to complete
and maintain the applicable importer
certification, and maintain a copy of the
applicable exporter certification, and
retain all supporting documentation for
both certifications. With the exception
of the entries described below, the
importer certification must be
completed, signed, and dated by the
time the entry summary is filed for the
relevant entry. The importer, or the
importer’s agent, must submit both the
importer’s certification and the
exporter’s certification to CBP as part of
the entry process by uploading them
into the document imaging system (DIS)
in ACE. Where the importer uses a
12 See the ‘‘Use of Adverse Facts Available’’
section, supra; see also, e.g., Anti-circumvention
Inquiry of the Antidumping Duty Order on Certain
Pasta from Italy: Affirmative Preliminary
Determination of Circumvention of the
Antidumping Duty Order, 63 FR 18364, 18366
(April 15, 1998), unchanged in Anti-Circumvention
Inquiry of the Antidumping Duty Order on Certain
Pasta from Italy: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 63
FR 54672, 54675–76 (October 13, 1998).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
broker to facilitate the entry process, the
importer should obtain the entry
summary number from the broker.
Agents of the importer, such as a broker,
however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete
and maintain the applicable exporter
certification and provide the importer
with a copy of that certification and all
supporting documentation (e.g., invoice,
purchase order, production records,
etc.). With the exception of the entries
described below, the exporter
certification must be completed, signed,
and dated by the time of shipment of the
relevant entries. The exporter
certification should be completed by the
party selling the aluminum foil that was
manufactured in Korea or Thailand to
the United States.
Additionally, the claims made in the
certifications and any supporting
documentation are subject to
verification by Commerce and/or CBP.
Importers and exporters are required to
maintain the certifications and
supporting documentation until the
later of: (1) the date that is five years
after the latest entry date of the entries
covered by the certification; or (2) the
date that is three years after the
conclusion of any litigation in United
States courts regarding such entries.
For unliquidated entries (and entries
for which liquidation has not become
final) of aluminum foil that were
declared as non-AD type entries (e.g.,
type 01) and entered, or withdrawn
from warehouse, for consumption in the
United States during the period July 18,
2022 (the date of initiation of these
circumvention inquiries), through the
date of publication of the Preliminary
Determinations in the Federal Register,
for which none of the above
certifications may be made, importers
must file a Post Summary Correction
with CBP, in accordance with CBP’s
regulations, regarding conversion of
such entries from non-AD type entries
to AD type entries (e.g., type 01 to type
03). Importers should report those AD
type entries using the third country case
numbers identified in the ‘‘Suspension
of Liquidation and Cash Deposit
Requirements’’ section, above. The
importer should post cash deposits on
those entries consistent with the
regulations governing post summary
corrections that require payment of
additional duties, including
antidumping and countervailing duties.
If it is determined that an importer
and/or exporter has not met the
certification and/or related
documentation requirements for certain
entries, Commerce intends to instruct
CBP to suspend, pursuant to this
E:\FR\FM\27NON1.SGM
27NON1
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
country-wide affirmative determination
of circumvention and the Orders,13 all
unliquidated entries for which these
requirements were not met and require
the importer to post applicable cash
deposits equal to the rates noted above.
Opportunity To Request an
Administrative Review
Each year during the anniversary
month of the publication of an AD or
CVD order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Act,
may request, in accordance with 19 CFR
351.213, that Commerce conduct an
administrative review of that AD or CVD
order, finding, or suspended
investigation. An interested party who
would like Commerce to conduct an
administrative review should wait until
Commerce announces via the Federal
Register the next window during the
anniversary month of the publication of
the Orders to submit such requests. The
anniversary month for these Orders is
April.
Administrative Protective Order
This notice will serve as the only
reminder to all parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction 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 the terms of an
APO is a sanctionable violation.
This determination is issued and
published in accordance with section
781(b) of the Act and 19 CFR
351.226(g)(2).
Dated: November 17, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memoranda
Korea
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary
Determination
VII. Discussion of the Issues
13 See
Orders.
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
Thailand
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary
Determination
VII. Discussion of the Issues
Comment 1: Whether these Inquiries Are
Appropriate
Comment 2: Application of the Factors in
Section 781(a)(2)(A)–(E) of the Act
Comment 3: Whether the Value of the
Merchandise Produced in China Is a
Significant Portion of the Total Value of
the Merchandise Exported to the United
States
Comment 4: Definitions of Sheet and Strip
Comment 5: Certification/Proposed
Exclusions
Comment 6: Separate Rates
Comment 7: Extension of Time for
Certifications
VIII. Recommendation
Appendix II
Companies Found To Be Circumventing the
Orders
Notification to Interested Parties
Appendix I
Comment 1: Whether these Inquiries Are
Appropriate
Comment 2: Application of the Factors in
Section 781(a)(2)(A)–(E) of the Act
Comment 3: Whether the Value of the
Merchandise Produced in China Is a
Significant Portion of the Total Value of
the Merchandise Exported to the United
States
Comment 4: Definitions of Sheet and Strip
Comment 5: Whether Different Market
Situations in Korea and Thailand compel
Different Circumvention Analyses
Comment 6: Patterns of trade
Comment 7: Certification/Proposed
Exclusions
Comment 8: Extension of Time for
Certifications
VIII. Recommendation
Korea
1. Dong-IL Aluminium Co., Ltd.
2. Lotte Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. ILJIN ALTECH Co., Ltd.
5. Korea Aluminium Co., Ltd.
6. Sam-A Aluminium Co., Ltd.
Thailand
1. Dingheng New Materials Co., Ltd.
2. Ding Li New Materials Co., Ltd.
3. Sankyu Thai Co., Ltd. (based on adverse
facts available)
Appendix III
Certification Regarding Chinese Components
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADDRESS OF IMPORTING
COMPANY}.
B. I have direct personal knowledge of the
facts regarding the importation into the
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
82827
Customs territory of the United States of the
aluminum foil completed in {COUNTRY}
that entered under the entry summary
number(s), identified below, and are covered
by this certification. ‘‘Direct personal
knowledge’’ refers to the facts the certifying
party is expected to have in its own records.
For example, the importer should have direct
personal knowledge of the exporter’s and/or
seller’s identity and location.
C. If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The aluminum foil covered by this
certification was imported by {NAME OF
IMPORTING COMPANY} on behalf of
{NAME OF U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
D. The aluminum foil covered by this
certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED}.
E. I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of the inputs used to produce the
imported products).
F. The importer certifies that the aluminum
foil produced in {COUNTRY} that is covered
by this certification was not manufactured
using aluminum foil and/or sheet produced
in the People’s Republic of China (China),
regardless of whether sourced directly from
a Chinese producer or from a downstream
supplier.
G. The aluminum foil covered by this
certification is not covered by the
antidumping duty or countervailing duty
orders on certain aluminum foil from China.
H. This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Producer:
Producer’s Address:
I. I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product specification sheets, production
records, invoices, etc.) until the later of: (1)
the date that is five years after the latest entry
date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries.
E:\FR\FM\27NON1.SGM
27NON1
khammond on DSKJM1Z7X2PROD with NOTICES
82828
Federal Register / Vol. 88, No. 226 / Monday, November 27, 2023 / Notices
J. I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
(attesting to information regarding the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the
latest entry date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries.
K. I understand that {NAME OF
IMPORTING COMPANY} is required to
provide U.S. Customs and Border Protection
(CBP) and/or the U.S. Department of
Commerce (Commerce) with the importer
certification, and any supporting
documentation, and a copy of the exporter’s
certification, and any supporting
documentation provided to the importer by
the exporter, upon the request of either
agency.
L. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
M. I understand that failure to maintain the
required certifications and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which this
certification applies are entries of
merchandise that is covered by the scope of
the antidumping and countervailing duty
orders on aluminum foil from China. I
understand that such a finding will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping duty and countervailing duty
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
N. I understand that agents of the importer,
such as brokers, are not permitted to make
this certification.
O. This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed by no later than 45
days after publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register.
P. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
VerDate Sep<11>2014
17:43 Nov 24, 2023
Jkt 262001
Exporter Certification
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
EXPORTING COMPANY}, located at
{ADDRESS OF EXPORTING COMPANY}.
B. I have direct personal knowledge of the
facts regarding the production and
exportation of the aluminum foil for which
sales are identified below. ‘‘Direct personal
knowledge’’ refers to facts the certifying party
is expected to have in its own records. For
example, an exporter should have direct
personal knowledge of the producer’s
identity and location.
C. The aluminum foil covered by this
certification was shipped to {NAME OF
PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST
SHIPPED}, located at {U.S. ADDRESS TO
WHICH MERCHANDISE WAS SHIPPED}.
D. The seller certifies that the aluminum
foil produced in {COUNTRY} that is covered
by this certification was not manufactured
using aluminum foil and/or sheet produced
in the People’s Republic of China (China),
regardless of whether sourced directly from
a Chinese producer or from a downstream
supplier.
E. The aluminum foil covered by this
certification is not covered by the
antidumping duty or countervailing duty
orders on certain aluminum foil from China.
F. This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line Item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to the Foreign Seller:
(if the foreign seller and the producer are the
same party, report ‘‘NA’’ here)
G. I understand that {EXPORTING
COMPANY} is required to maintain a copy
of this certification and sufficient
documentation supporting this certification
(i.e., documents maintained in the normal
course of business, or documents obtained by
the certifying party, for example, product
specification sheets, customer specification
sheets, production records, invoices, etc.)
until the later of: (1) the date that is five years
after the latest entry date of the entries
covered by the certification; or (2) the date
that is three years after the conclusion of any
litigation in United States courts regarding
such entries.
H. I understand that {EXPORTING
COMPANY}is required to provide the U.S.
importer with a copy of this certification and
is required to provide U.S. Customs and
Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with
this certification, and any supporting
documents, upon the request of either
agency.
I. I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
J. I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are sales of merchandise
that is covered by the scope of the
antidumping and countervailing duty orders
on aluminum foil from China. I understand
that such a finding will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping and countervailing duty cash
deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
K. I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
L. This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is after
the date of publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register. If the
shipment date is on or before the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register.
M. I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2023–26030 Filed 11–24–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–870]
Certain New Pneumatic Off-the-Road
Tires From India: Notice of Correction
to the Final Results, and Amended
Final Results of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
SUMMARY: On October 3, 2023, the U.S.
Department of Commerce (Commerce)
E:\FR\FM\27NON1.SGM
27NON1
]]>Agencies
[Federal Register Volume 88, Number 226 (Monday, November 27, 2023)]
[Notices]
[Pages 82824-82828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053, C-570-054]
Antidumping and Countervailing Duty Orders on Certain Aluminum
Foil From the People's Republic of China: Final Affirmative
Determinations of Circumvention With Respect to the Republic of Korea
and the Kingdom of Thailand
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of certain aluminum foil (aluminum foil) that were exported
from the Republic of Korea (Korea) and from the Kingdom of Thailand
(Thailand), using inputs (i.e., aluminum foil- and sheet-gauge
products) manufactured in the People's Republic of China (China), as
specified below, are circumventing the antidumping duty (AD) and
countervailing duty (CVD) orders on aluminum foil from China.
DATES: Applicable November 27, 2023.
FOR FURTHER INFORMATION CONTACT: Michael J. Heaney and Mark Flessner,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-6312,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2018, Commerce published in the Federal Register AD
and CVD orders on U.S. imports of aluminum foil from China.\1\ On July
18, 2022, pursuant to section 781(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.226(b), Commerce self-initiated
country-wide circumvention inquiries to determine whether imports of
aluminum foil, completed in Korea and Thailand (collectively, the third
countries), using inputs (i.e., aluminum foil- and sheet-gauge
products) manufactured in China, are circumventing the Orders and,
accordingly, should be covered by the scope of the Orders.\2\ On March
22,
[[Page 82825]]
2023, Commerce published in the Federal Register its Preliminary
Determinations that imports of certain aluminum foil that were exported
from Korea and Thailand using inputs (i.e., aluminum foil and sheet
gauge products) are circumventing the Orders.\3\ On March 28, 2023,
Commerce published a correction to the Preliminary Determinations which
listed corrected AD and CVD cash deposit rates associated with the
Preliminary Determinations.\4\
---------------------------------------------------------------------------
\1\ 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) (AD Order);
see also 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) (CVD Order)
(collectively, Orders).
\2\ See Certain Aluminum Foil from the People's Republic of
China: Initiation of Circumvention Inquiries on the Antidumping Duty
and Countervailing Duty Orders, 87 FR 42702 (July 18, 2022)
(Initiation Notice).
\3\ Antidumping and Countervailing Duty Determinations on
Certain Aluminum Foil from the People's Republic of China:
Preliminary Affirmative Determinations of Circumvention with Respect
to the Republic of Korea and the Kingdom of Thailand, 88 FR 17177
(March 22, 2023) (Preliminary Determinations), and accompanying
Korea Preliminary Decision Memorandum (Korea PDM) and Thailand
Preliminary Decision Memorandum (Thailand PDM) (collectively,
Preliminary Decision Memoranda).
\4\ See Antidumping and Countervailing Duty Orders on Certain
Aluminum Foil from the People's Republic of China: Preliminary
Affirmative Determinations of Circumvention With Respect to the
Republic of Korea and the Kingdom of Thailand; Correction, 88 FR
18297 (March 28, 2023) (Preliminary Determinations Correction).
---------------------------------------------------------------------------
On July 12 and September 26, 2023, Commerce extended the deadline
for the final determinations of these circumvention inquiries to
November 17, 2023.\5\ For a summary of events that occurred since the
Preliminary Determinations, as well as a full discussion of the issues
raised by parties for consideration in these final determinations, see
the Issues and Decision Memoranda.\6\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Extension of Final Determinations in
Circumvention Inquiries,'' dated July 12, 2023; and ``Extension of
Final Determinations in Circumvention Inquiries,'' dated September
26, 2023.
\6\ See Memoranda, ``Issues and Decision Memorandum for the
Final Affirmative Circumvention Determination of the Antidumping
Duty Order on Certain Aluminum Foil from the People's Republic of
China with Respect to the Republic of Korea,'' dated concurrently
with, and hereby adopted by, this notice; and ``Issues and Decision
Memorandum for the Circumvention Determination of the Antidumping
Duty Order on Certain Aluminum Foil from the People's Republic of
China with Respect to the Kingdom of Thailand,'' dated concurrently
with, and hereby adopted by, this notice (collectively, Issues and
Decision Memoranda).
---------------------------------------------------------------------------
The Issues and Decision Memoranda are public documents and are on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS). A
list of issues discussed in the Issues and Decision Memoranda are
included as Appendix I to this notice. ACCESS is available to
registered users at https://access.trade.gov. In addition, complete
versions of the Issues and Decision Memoranda can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the Orders is certain aluminum foil. For
a full description of the scope of the Orders, see the Issues and
Decision Memoranda.
Merchandise Subject to the Circumvention Inquiry
These circumvention inquiries cover aluminum foil, assembled or
completed in Korea and Thailand using Chinese-origin aluminum foil and/
or sheet, that is subsequently exported from Korea and Thailand to the
United States (inquiry merchandise).
Methodology
Commerce conducted these circumvention inquiries in accordance with
section 781(b) of the Act and 19 CFR 351.226. See Preliminary
Determinations Korea PDM and Thailand PDM for a full description of the
methodology.\7\ We have continued to apply this methodology, without
exception, and incorporate by reference this description of the
methodology, for our final determinations.
---------------------------------------------------------------------------
\7\ See Preliminary Determinations Korea PDM at 6-23 and
Thailand PDM at 8-23.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memoranda.
Based on our analysis of the comments received from interested parties,
we made no changes to the Preliminary Determinations, except for
revisions to the certification language (see Appendix II), which we
have modified in response to comments to allow parties to also use the
certifications when their third-country shipments of certain aluminum
foil reflect prevailing aluminum cash deposit rates.
Final Circumvention Determinations
We determine that aluminum foil, assembled or completed in Korea
and Thailand by the entities identified in Appendix II to this notice,
using Chinese-origin aluminum foil and/or sheet, that is subsequently
exported from Korea or Thailand to the United States, is circumventing
the Orders. For a detailed explanation of our determinations with
respect to the entities identified in Appendix II, see the Preliminary
Decision Memoranda and the ``Use of Adverse Facts Available'' section
of this notice, below.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Determinations Korea PDM at 2-3 and Thailand
PDM at 2-3 and 15.
---------------------------------------------------------------------------
We also determine that U.S imports of inquiry merchandise exported
from Korea and Thailand are circumventing the Orders on a country-wide
basis. As a result, in accordance with section 781(b) of the Act, we
determine that this merchandise is covered by the Orders.
See the ``Suspension of Liquidation and Cash Deposit Requirements''
section below for details regarding suspension of liquidation and cash
deposit requirements. See the ``Certification'' and ``Certification
Requirements'' sections below for details regarding the use of
certifications.
Use of Adverse Facts Available
Within the context of the Thailand inquiry, Commerce continues to
find that necessary information is not available on the record with
respect to Sankyu Thai Co., Ltd. (Sankyu) within the meaning of section
776(a)(1) of the Act, and that Sankyu withheld requested information,
failed to provide requested information by the deadline or in the form
or manner requested, and significantly impeded these inquiries pursuant
to sections 776(a)(1), (A), (B), and (C) of the Act. Moreover, Commerce
continues to find that Sankyu failed to cooperate by not acting to the
best of its ability to provide requested information pursuant to
section 776(b)(1) of the Act. Consequently, we have continued to use
adverse inferences with respect to Sankyu in selecting from among the
facts otherwise available on the record, pursuant to sections 776(a)
and (b) of the Act, for the reasons discussed in the Preliminary
Determinations.\9\
---------------------------------------------------------------------------
\9\ See Preliminary Determinations, 88 FR 17178.
---------------------------------------------------------------------------
Based on the adverse facts available used, we determine that Sankyu
exported inquiry merchandise and that U.S. entries of that merchandise
are circumventing the Orders. Additionally, we are precluding Sankyu
from participating in the certification programs that we are
establishing for exports of aluminum foil from Thailand. U.S. entries
of inquiry merchandise made on or after July 18, 2022, that are
ineligible for certification based on the failure of Sankyu to
cooperate, or for other reasons, shall remain subject to suspension of
liquidation until final assessment instructions on those entries are
issued, whether by automatic liquidation instructions, or by
instructions pursuant to the final results of an administrative review.
Interested parties that wish to have their
[[Page 82826]]
suspended entries, if any, reviewed, and their ineligibility for the
certification program reevaluated, should request an administrative
review of the relevant suspended entries during the anniversary month
of these Orders.\10\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.213(b).
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determination of
circumvention for Korea and Thailand, in accordance with 19 CFR
351.226(l)(3), Commerce will direct U.S. Customs and Border Protection
(CBP) to suspend liquidation and require a cash deposit of estimated
duties on unliquidated entries of entries of aluminum foil, assembled
or completed in Korea and Thailand using Chinese-origin aluminum foil
and/or sheet, for consumption on or after July 18, 2022, the date of
publication of the initiation of these circumvention inquiries in the
Federal Register.
For exporters of aluminum foil that have a company-specific cash
deposit rate under the AD Order and/or CVD Order, the cash deposit rate
will be the company-specific AD and/or CVD cash deposit rate
established for that company in the most recently completed segment of
the aluminum foil proceedings. For exporters of aluminum foil that do
not have a company-specific cash deposit rate under the AD Order and/or
CVD Order, the cash deposit rate will be the company-specific cash
deposit rate established under the AD Order and/or CVD Order for the
company that exported the aluminum foil and/or sheet to the producer/
exporter in Korea or Thailand that was incorporated in the imported
aluminum foil. If neither the exporter of the aluminum foil from Korea
or Thailand, nor the Chinese exporter of the aluminum foil and/or
sheet, has a company-specific cash deposit rate, the AD cash deposit
rate will be the China-wide rate (i.e., 95.15 percent), and the CVD
cash deposit rate will be the all-others rate (i.e., 13.28
percent).\11\ Commerce has established the following third-country case
numbers in the Automated Commercial Environment (ACE) for such entries:
Korea--A-580-053/C-580-054; Thailand--A-549-053/C-549-054. The
suspension of liquidation will remain in effect until further notice.
---------------------------------------------------------------------------
\11\ See Preliminary Determinations Correction, 88 FR 18287.
---------------------------------------------------------------------------
Certified Entries
Entries for which the importer and exporter have met the
certification requirements described below and in Appendix III to this
notice will not be subject to suspension of liquidation, or the cash
deposit requirements described above. Failure to comply with the
applicable certification requirements may result in the merchandise
being subject to antidumping and countervailing duties.
Certifications
To administer the country-wide affirmative determinations of
circumvention for Korea and Thailand, Commerce established importer and
exporter certifications which will permit importers and exporters to
establish that specific entries of aluminum foil from Korea or Thailand
are not subject to suspension of liquidation or the collection of cash
deposits pursuant to these affirmative determinations of circumvention
because the merchandise meets the requirements described in the
certification (see Appendix III to this notice). Because Sankyu was
non-cooperative, it is not eligible to use the certification described
above.\12\
---------------------------------------------------------------------------
\12\ See the ``Use of Adverse Facts Available'' section, supra;
see also, e.g., Anti-circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Preliminary
Determination of Circumvention of the Antidumping Duty Order, 63 FR
18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Final Determination of Circumvention of the Antidumping
Duty Order, 63 FR 54672, 54675-76 (October 13, 1998).
---------------------------------------------------------------------------
Importers and exporters that claim that the entry of aluminum foil
is not subject to suspension of liquidation or the collection of cash
deposits based on the inputs used to manufacture such merchandise must
complete the applicable certification and meet the certification and
documentation requirements described below, as well as the requirements
identified in the applicable certification.
Certification Requirements for Korea and Thailand
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, the importer
should obtain the entry summary number from the broker. Agents of the
importer, such as a broker, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the aluminum
foil that was manufactured in Korea or Thailand to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation until the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For unliquidated entries (and entries for which liquidation has not
become final) of aluminum foil that were declared as non-AD type
entries (e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period July 18, 2022 (the
date of initiation of these circumvention inquiries), through the date
of publication of the Preliminary Determinations in the Federal
Register, for which none of the above certifications may be made,
importers must file a Post Summary Correction with CBP, in accordance
with CBP's regulations, regarding conversion of such entries from non-
AD type entries to AD type entries (e.g., type 01 to type 03).
Importers should report those AD type entries using the third country
case numbers identified in the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, above. The importer should post cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties,
including antidumping and countervailing duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to this
[[Page 82827]]
country-wide affirmative determination of circumvention and the
Orders,\13\ all unliquidated entries for which these requirements were
not met and require the importer to post applicable cash deposits equal
to the rates noted above.
---------------------------------------------------------------------------
\13\ See Orders.
---------------------------------------------------------------------------
Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or CVD order, finding, or suspended investigation, an interested party,
as defined in section 771(9) of the Act, may request, in accordance
with 19 CFR 351.213, that Commerce conduct an administrative review of
that AD or CVD order, finding, or suspended investigation. An
interested party who would like Commerce to conduct an administrative
review should wait until Commerce announces via the Federal Register
the next window during the anniversary month of the publication of the
Orders to submit such requests. The anniversary month for these Orders
is April.
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction 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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(2).
Dated: November 17, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memoranda
Korea
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Whether these Inquiries Are Appropriate
Comment 2: Application of the Factors in Section 781(a)(2)(A)-
(E) of the Act
Comment 3: Whether the Value of the Merchandise Produced in
China Is a Significant Portion of the Total Value of the Merchandise
Exported to the United States
Comment 4: Definitions of Sheet and Strip
Comment 5: Whether Different Market Situations in Korea and
Thailand compel Different Circumvention Analyses
Comment 6: Patterns of trade
Comment 7: Certification/Proposed Exclusions
Comment 8: Extension of Time for Certifications
VIII. Recommendation
Thailand
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiry
V. Period of Circumvention Inquiry
VI. Changes from the Preliminary Determination
VII. Discussion of the Issues
Comment 1: Whether these Inquiries Are Appropriate
Comment 2: Application of the Factors in Section 781(a)(2)(A)-
(E) of the Act
Comment 3: Whether the Value of the Merchandise Produced in
China Is a Significant Portion of the Total Value of the Merchandise
Exported to the United States
Comment 4: Definitions of Sheet and Strip
Comment 5: Certification/Proposed Exclusions
Comment 6: Separate Rates
Comment 7: Extension of Time for Certifications
VIII. Recommendation
Appendix II
Companies Found To Be Circumventing the Orders
Korea
1. Dong-IL Aluminium Co., Ltd.
2. Lotte Aluminium Co., Ltd.
3. Dongwon Systems Corp.
4. ILJIN ALTECH Co., Ltd.
5. Korea Aluminium Co., Ltd.
6. Sam-A Aluminium Co., Ltd.
Thailand
1. Dingheng New Materials Co., Ltd.
2. Ding Li New Materials Co., Ltd.
3. Sankyu Thai Co., Ltd. (based on adverse facts available)
Appendix III
Certification Regarding Chinese Components
Importer Certification
I hereby certify that:
A. My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I am
an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
aluminum foil completed in {COUNTRY{time} that entered under the
entry summary number(s), identified below, and are covered by this
certification. ``Direct personal knowledge'' refers to the facts the
certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
exporter's and/or seller's identity and location.
C. If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The aluminum foil covered by this certification was imported by
{NAME OF IMPORTING COMPANY{time} on behalf of {NAME OF U.S.
CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
D. The aluminum foil covered by this certification was shipped
to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS
FIRST SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE
WAS SHIPPED{time} .
E. I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the inputs used to produce the
imported products).
F. The importer certifies that the aluminum foil produced in
{COUNTRY{time} that is covered by this certification was not
manufactured using aluminum foil and/or sheet produced in the
People's Republic of China (China), regardless of whether sourced
directly from a Chinese producer or from a downstream supplier.
G. The aluminum foil covered by this certification is not
covered by the antidumping duty or countervailing duty orders on
certain aluminum foil from China.
H. This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Producer:
Producer's Address:
I. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
[[Page 82828]]
J. I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
K. I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
L. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
M. I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on aluminum foil from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
N. I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
O. This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
P. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
A. My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF EXPORTING COMPANY{time} , located at {ADDRESS
OF EXPORTING COMPANY{time} .
B. I have direct personal knowledge of the facts regarding the
production and exportation of the aluminum foil for which sales are
identified below. ``Direct personal knowledge'' refers to facts the
certifying party is expected to have in its own records. For
example, an exporter should have direct personal knowledge of the
producer's identity and location.
C. The aluminum foil covered by this certification was shipped
to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
D. The seller certifies that the aluminum foil produced in
{COUNTRY{time} that is covered by this certification was not
manufactured using aluminum foil and/or sheet produced in the
People's Republic of China (China), regardless of whether sourced
directly from a Chinese producer or from a downstream supplier.
E. The aluminum foil covered by this certification is not
covered by the antidumping duty or countervailing duty orders on
certain aluminum foil from China.
F. This certification applies to the following sales to {NAME OF
U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line Item #:
Producer Name:
Producer's Address:
Producer's Invoice # to the Foreign Seller: (if the foreign
seller and the producer are the same party, report ``NA'' here)
G. I understand that {EXPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, product specification sheets, customer
specification sheets, production records, invoices, etc.) until the
later of: (1) the date that is five years after the latest entry
date of the entries covered by the certification; or (2) the date
that is three years after the conclusion of any litigation in United
States courts regarding such entries.
H. I understand that {EXPORTING COMPANY{time} is required to
provide the U.S. importer with a copy of this certification and is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with this certification,
and any supporting documents, upon the request of either agency.
I. I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
J. I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on aluminum foil from China. I
understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
K. I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
L. This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register. If the shipment date is on or
before the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register,
this certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
M. I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2023-26030 Filed 11-24-23; 8:45 am]
BILLING CODE 3510-DS-P
