Certain Aluminum Foil From People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2022-2023, 35801-35805 [2024-09589]

Download as PDF Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance.7 A timeline for the submission of case briefs and written comments will be notified to interested parties at a later date. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.8 Interested parties that submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.9 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.10 Further, we request that interested parties limit their public executive summary of each issue to no more than 450 words, not including citations. We intend to use the public executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).11 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to 7 See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 351.303 for general filing requirements. 8 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Procedures). 9 See 19 CFR 351.309(c)(2) and (d)(2). 10 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 11 See APO and Service Procedures. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. Unless the deadline is extended, we intend to issue the final results of this administrative review, which will include the results of our analysis of the issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). Assessment Rate In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned the subsidy rate in the amount shown above for OCP. Upon completion of the administrative review, consistent with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, countervailing duties on all appropriate entries covered by this review. We will instruct CBP to assess countervailing duties on all appropriate entries at the subsidy rate calculated in the final results of this review. We intend to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements In accordance with section 751(a)(1) of the Act, Commerce intends, upon publication of the final results, to instruct CBP to collect cash deposits of estimated countervailing duties in the amount shown for OCP (and its crossowned affiliates) on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 35801 publication of the final results of this administrative review. The cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Interested Parties These preliminary results are issued and published pursuant to sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: April 26, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Subsidies Valuation Information V. Interest Rate Benchmarks and Benchmarks for Measuring the Adequacy of Remuneration VI. Analysis of Programs VII. Recommendation [FR Doc. 2024–09586 Filed 5–1–24; 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: Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Antidumping Duty Administrative Review, and Preliminary Determination of No Shipments; 2022–2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers and/ or exporters made sales of certain aluminum foil (aluminum foil) at less than normal value during the period of review (POR), April 1, 2022, through March 31, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. Interested parties are invited to comment on these preliminary results of this review. SUMMARY: DATES: E:\FR\FM\02MYN1.SGM Applicable May 2, 2024. 02MYN1 35802 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices 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 khammond on DSKJM1Z7X2PROD with NOTICES On June 12, 2023, in response to review requests from multiple parties, Commerce published the notice of initiation of an administrative review of the antidumping duty order on certain aluminum foil from the People’s Republic of China (China),1 covering 45 companies.2 Between July 31 and September 11, 2023, all requests for review were timely withdrawn for certain companies.3 On December 8, 2023, we extended the deadline for these preliminary results of review until April 26, 2024.4 For a summary of the events that occurred since the initiation of this review and the analysis for these preliminary results, see the Preliminary Decision Memorandum.5 The Preliminary 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 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) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 38021 (June 12, 2023); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 51271 (August 3, 2023) which includes a previously omitted company, ‘‘Manakin Industries, LLC,’’ as a respondent in this administrative review. 3 See Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd.’s Letter, ‘‘Request to Withdraw from Administrative Review,’’ dated July 31, 2023; see also Glenroy Inc’s Letter, ‘‘Request to Withdraw from Administrative Review,’’ dated July 31, 2023; Tekni-Plex, Inc. and Tri-Seal Opco, LLC (TekniPlex’s) Letter, ‘‘Partial Withdrawal of Administrative Review Request,’’ dated August 16, 2023; Paxxus, Inc.’s Letter, ‘‘Partial Withdrawal of Administrative Review Request,’’ dated August 21, 2023; Sankyu-Thai Co., Ltd.’s Letter, ‘‘Withdrawal of Request for Administrative Review,’’ dated September 11, 2023; and Fres-co System USA, Inc.’s Letter, ‘‘Partial Withdrawal of Administrative Review Request,’’ dated September 11, 2023. 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,’’ dated December 8, 2023. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2022–2023 Administrative Review of the Antidumping Duty Order on Certain Aluminum Foil from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. Scope of the 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 Preliminary Decision Memorandum. Methodology Commerce is conducting this administrative review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). In determining the dumping margins in this review, we calculated export prices in accordance with section 772 of the Act. Because Commerce has determined that China is a non-market economy country 6 within the meaning of section 771(18) of the Act, Commerce calculated normal value in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if all parties that requested a review withdraw their requests within 90 days of the publication date of the notice of initiation of the requested review. As noted above, the following companies timely withdrew their review requests and no other party requested an administrative review of these companies: Galex Inc.; Lotte Aluminium Co., Ltd.; Sama Aluminium Co Ltd.; Korea Aluminium Co., LTD.; Kataman Metals; Prosvic Sales Inc.; Sankyu-Thai Co., Ltd.; and Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd. Therefore, we are rescinding this review with respect to these eight companies, in accordance with 19 CFR 351.213(d)(1). 6 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, 82 FR 50858, 50861 (November 2, 2017) (Foil from China Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM) (citing Memorandum, ‘‘China’s Status as a Non-Market Economy,’’ dated October 26, 2017), 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) (Foil from China Final Determination). PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 Preliminary Determination of No Shipments Based on the no-shipment certifications, our analysis of the results of the CBP data queries, and the fact that CBP identified no information that contradicted certain no-shipment claims, we preliminarily determine that Anhui Zhongji Battery Foil Science & Technology Co., Ltd. (Anhui Zhongji), Anhui Maximum Aluminum Industries Company Ltd. (Anhui Maximum), Manakin Industries, LLC (Manakin), and Xiamen Xiashun Aluminium Foil Co., Ltd. (Xiashun) did not have any shipments of subject merchandise to the United States during the POR. Consistent with Commerce’s practice in non-market economy cases, we have not rescinded the review with respect to Anhui Zhongji, Anhui Maximum, Manakin, and Xiashun, but we will continue the review of these companies and issue instructions to CBP based on the final results of the review.7 Preliminary Affiliation and Single Entity Determination Consistent with Commerce’s treatment of Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited; Hangzhou Dingsheng Import & 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. (collectively, Dingsheng) in a prior segment of this proceeding,8 we have continued to find that these companies 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). Consistent with Commerce’s treatment of Jiangsu Zhongji Lamination Materials Co., Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., Jiangsu Huafeng Aluminium Industry Co., Ltd., and Jiangsu Zhongji Lamination Materials Co., (HK) Limited, (collectively, Zhongji) in a prior segment of this proceeding,9 we have continued to find 7 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME Practice); see also Appendix II. 8 See Foil from China Preliminary Determination PDM at 16–18, unchanged in Foil from China Final Determination. We find that record evidence supports continuing to treat these companies as a collapsed entity in this review. See Memorandum, ‘‘Dingsheng Analysis for the Preliminary Results,’’ dated concurrently with this notice. 9 In the less-than-fair-value investigation, we collapsed the following companies as a single entity: Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji Lamination Materials E:\FR\FM\02MYN1.SGM 02MYN1 35803 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices that these companies 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). For additional information, see the Preliminary Decision Memorandum. Separate Rates Commerce preliminarily determines that Dingsheng and Zhongji, the two companies individually examined in this review, demonstrated their eligibility for a separate rate.10 We also preliminarily determine that Dong-IL Aluminium Co., Ltd. (Dong-IL), Dongwon Systems Corp. (Dongwon), Eastern Valley Co., Ltd. (Eastern Valley), Granges Aluminum (Shanghai) Co., Ltd. (Granges Aluminum), Shanghai Shenyan Packaging Materials Co., Ltd. (Shanghai Shenyan), and Suzhou Manakin Aluminum Processing Technology Co., Ltd. (Suzhou Manakin Aluminum), Suzhou Manakin Trading Co., Ltd. (Suzhou Manakin Trading), companies not individually examined in this review, demonstrated their eligibility for a separate rate.11 The Act and Commerce’s regulations do not address the establishment of a separate rate to be applied to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for separate-rate respondents which Commerce did not examine individually in an administrative review. Section 735(c)(5)(A) of the Act states that the allothers rate should be calculated by averaging the weighted-average dumping margins calculated for individually examined respondents, excluding dumping margins that are zero, de minimis, or based entirely on facts available. For the preliminary results of this review, Commerce determined estimated dumping margins for Dingsheng and Zhongji to be 59.52, and 75.53 percent, respectively. For the reasons explained in the Preliminary Decision Memorandum, we are assigning the 67.53 percent rate to the seven non-examined respondents, DongIL, Dongwon, Eastern Valley, Granges Shanghai, Shanghai Shenyan, Suzhou Manakin Aluminum, and Suzhou Manakin Trading which qualify for a separate rate in this review, consistent with Commerce’s practice and section 735(c)(5)(A) of the Act.12 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.13 Because no party requested a review of the China-wide 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) 14 is not subject to change. See the Preliminary Decision Memorandum for further discussion. Aside from the companies for which we preliminarily find no shipments and the company for which the review is being rescinded, Commerce considers the 16 companies for which a review was requested and did not demonstrate separate rate eligibility to be part of the China-wide entity. Consequently, we have assigned these 16 companies to the China-wide entity and they will be subject to the China-wide entity rate.15 For a listing of these companies, see Appendix II of this notice. Preliminary Results of Review Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist for the period April 1, 2022, through March 31, 2023: Weightedaverage dumping margin (percent) Exporter 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./Inner Mongolia Xinxing New Energy Material Co., Ltd .................................................................................................................................... Jiangsu Zhongji Lamination Materials Co., (HK) Limited/Jiangsu Zhongji Lamination Materials Stock Co., Ltd./Jiangsu Huafeng Aluminium Industry Co., Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd ................................................................................. Dong-IL Aluminium Co., Ltd ................................................................................................................................................................ Dongwon Systems Corp ...................................................................................................................................................................... Eastern Valley Co., Ltd ........................................................................................................................................................................ Granges Aluminum (Shanghai) Co., Ltd ............................................................................................................................................. Shanghai Shenyan Packaging Materials Co., Ltd ............................................................................................................................... Suzhou Manakin Aluminum Processing Technology Co., Ltd ............................................................................................................ Suzhou Manakin Trading Co., Ltd ....................................................................................................................................................... Disclosure and Public Comment khammond on DSKJM1Z7X2PROD with NOTICES Commerce intends to disclose its calculations and analysis performed to Stock Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd. See Foil from China Preliminary Determination PDM at 16–18, unchanged in Foil from China Final Determination. We find that record evidence in this administrative review supports continuing to treat these companies as a single entity. See Memorandum, ‘‘Zhongji Analysis for the Preliminary Results,’’ dated concurrently with this notice. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 59.52 75.53 67.53 67.53 67.53 67.53 67.53 67.53 67.53 interested parties for these preliminary results within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 10 See Preliminary Decision Memorandum at the ‘‘Separate Rate Determinations’’ section for more details. 11 On July 31, 2023, U.S. importer, Glenroy Inc withdrew its request for review of Galex Inc., Lotte Aluminium Co., Ltd., and Sama Aluminium Co Ltd. 12 See Appendix II. 13 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 14 See Order. 15 See Initiation Notice (‘‘All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below.’’); see also Appendix II for the list of companies that are subject to this administrative review that are considered to be part of the China-wide entity. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\02MYN1.SGM 02MYN1 35804 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.16 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.17 Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.18 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.19 Further, we request that interested parties limit their public, executive summary of each issue to no more than 450 words, not including citations. We intend to use the public, executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final results in this administrative review. We request that interested parties include footnotes for relevant citations in the public, executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).20 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. Requests should contain: (1) the party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. An electronically filed hearing request must be received successfully in its entirety by Commerce’s electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the date of publication of this notice. 16 See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). 17 See 19 CFR 351.309(d); see also Administrative Protective Order, Service, and Other Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 2023) (APO and Service Procedures). 18 See 19 351.309(c)(2) and (d)(2). 19 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 20 See APO and Service Procedures. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results of review in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.21 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), Commerce intends to calculate importer/customer-specific assessment rates.22 Where the respondent reported reliable entered values, Commerce intends to calculate importer/customerspecific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer/customer and dividing this amount by the total entered value of the merchandise sold to the importer/ customer.23 Where the respondent did not report entered values, Commerce will calculate importer/customerspecific assessment rates by dividing the amount of dumping for reviewed sales to the importer/customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer/customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.24 Where an importer/ customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent’s weighted average dumping margin is zero or de minimis, or an 21 See 22 See 19 CFR 351.212(b)(1). 19 CFR 351.212(b)(1). 23 Id. 24 Id. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 importer/customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.25 Pursuant to Commerce’s refinement to its practice, for sales that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, Commerce will instruct CBP to liquidate the entry of such merchandise at the dumping margin for the China-wide entity.26 Additionally, where Commerce determines that an exporter under review had no shipments of subject merchandise to the United States during the POR, any suspended entries of subject merchandise that entered under that exporter’s CBP case number during the POR will be liquidated at the dumping margin for the China-wide entity. In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated antidumping duties, where applicable. Cash Deposit Requirements Commerce will instruct CBP to require a cash deposit for antidumping duties equal to the weighted-average amount by which the normal value exceeds U.S. price. The following cash deposit requirements will be effective for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice in the Federal Register, as provided by section 751(a)(2)(C) of the Act: (1) for the exporters listed in the table above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review for the exporter (except, if the dumping margin is de minimis (i.e., less than 0.5 percent), then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed Chinese and non-Chinese exporters that are not listed in the table above but that have separate rates, the cash deposit rate will continue to be the exporter-specific rate established in the most recently completed segment of this proceeding; (3) for all Chinese exporters of subject 25 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). 26 See NME Practice, for a full discussion of this practice. E:\FR\FM\02MYN1.SGM 02MYN1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Notices merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the China-wide entity (i.e., 105.80 percent); 27 and (4) for all non-Chinese exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the China exporter that supplied that non-Chinese exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping and/or countervailing duties has 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. Notification to Interested Parties We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 351.221(b)(4). Dated: April 26, 2024. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Rescission of Review, In Part V. Preliminary Determination of No Shipments VI. Discussion of the Methodology VII. Adjustment Under Section 777A of the Act VIII. Currency Conversion IX. Recommendation khammond on DSKJM1Z7X2PROD with NOTICES Appendix II Non-Selected Separate Rate Companies 1. Dong-IL Aluminium Co., Ltd. 2. Dongwon Systems Corp. 3. Eastern Valley Co., Ltd. 4. Granges Aluminum (Shanghai) Co., Ltd. 5. Shanghai Shenyan Packaging Materials Co., Ltd. 6. Suzhou Manakin Aluminum Processing 27 See Order. VerDate Sep<11>2014 17:14 May 01, 2024 Jkt 262001 Technology Co., Ltd. 7. Suzhou Manakin Trading Co., Ltd. No Shipments 1. Anhui Maximum Aluminum Industries Company Ltd. 2. Anhui Zhongji Battery Foil Science & Technology Co., Ltd. 3. Manakin Industries, LLC 4. Xiamen Xiashun Aluminium Foil Co., Ltd. Companies Determined To Be Part of the China-Wide Entity 1. Alcha International Holdings Limited 2. Aluminum Corporation of China Limited 3. Dingheng New Materials Co., Ltd. 4. Henan Mingtai Al. Industrial 5. Hunan Suntown Marketing Limited 6. Jiangsu Dingsheng New Materials JointStock Co., Ltd. 7. SAM–A Aluminum Co., Ltd. 8. Shandong Nanshan Aluminum Co., Ltd. 9. Shanghai Huafon Aluminium Corporation 10. Shanghai Shenhuo Aluminium Foil Co., Ltd 11. Shanghai Sunho Aluminum Foil Co., Ltd. 12. SK Global America Inc. 13. Suntown Technology Group Corporation Limited (Suntown Technology Group Co., Ltd.) 14. Walson (HK) Trading Co., Limited 15. Yinbang Clad Materials Co., Ltd. 16. Zhejiang Yongjie Aluminum Co., Ltd. [FR Doc. 2024–09589 Filed 5–1–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XC640] Marine Mammals; Issuance of Permits National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permits. AGENCY: Notice is hereby given that individuals and institutions have been issued Letters of Confirmation (LOCs) for activities conducted under the General Authorization for scientific research on marine mammals. See SUPPLEMENTARY INFORMATION for a list of names and addresses of recipients. ADDRESSES: The LOCs and related documents are available for review upon written request via email to NMFS.Pr1Comments@noaa.gov. FOR FURTHER INFORMATION CONTACT: Amy Hapeman (LOC Nos. 21932, 25835, 27241, and 27326), Carrie Hubard (LOC Nos. 22081, 22291–01, 22856–01, 24045, and 25957), Erin Markin, Ph.D. (LOC Nos. 20519–01, 26784, and 27746), Shasta McClenahan, Ph.D. (LOC Nos. 21556 and 27369), Courtney Smith, Ph.D. (LOC Nos. 21134 and 26367), and SUMMARY: PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 35805 Sara Young (LOC No. 25895 and 26643) at the email listed above or (301) 427– 8401. SUPPLEMENTARY INFORMATION: The requested LOCs have been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The General Authorization allows for bona fide scientific research that may result only in taking by Level B harassment of marine mammals. The following LOCs were issued between October 1, 2021, and December 31, 2023. File No. 25895: Issued to Jacalyn Toth Sullivan, Stockton University, 101 Vera King Farris Drive, Galloway, New Jersey 08205 on October 29, 2021. This LOC authorizes unmanned aircraft system (UAS) surveys of harbor seals (Phoca vitulina) within Great Bay, New Jersey for count/survey, behavioral observation monitoring, photo-identification, and video purposes. The objectives of the study include determination of temporal patterns of harbor seal habitat use, population size, and shifts therein over time as the nearby wind farm becomes operational. The LOC expires on October 31, 2026. File No. 20519–01: This LOC, held by Peggy Stap, Marine Life Studies, P.O. Box 884, Monterey, California 93942– 0884, was extended on November 18, 2021, through April 30, 2022, while the holder’s new application (File No. 25843) was in process. The LOC authorizes close approach of 18 species of cetaceans and 4 species of pinnipeds during vessel and UAS surveys for photo-identification, behavioral observations, passive acoustics, photogrammetry, and underwater photograph/video within the Monterey Bay National Marine Sanctuary. The objectives of the research would not change. The LOC was subsequently terminated on April 22, 2022, when a separate scientific research permit No. 25843 was issued (87 FR 29116, May 12, 2022). File No. 22856–01: This LOC, held by Patricia Fair, Ph.D., South Carolina Aquarium, 100 Aquarium Wharf, Charleston, South Carolina 29401, was amended on August 30, 2021. The original LOC authorized vessel-based research for photo-identification, photogrammetry, and behavioral observations of bottlenose dolphins (Tursiops truncatus) in waters near Charleston, South Carolina. The amended LOC would allow researchers to use UAS as an additional platform to collect photographs and behavioral data. The objectives of the research would not E:\FR\FM\02MYN1.SGM 02MYN1

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Notices]
[Pages 35801-35805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09589]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, Partial 
Rescission of Antidumping Duty Administrative Review, and Preliminary 
Determination of No Shipments; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain producers and/or exporters made sales of 
certain aluminum foil (aluminum foil) at less than normal value during 
the period of review (POR), April 1, 2022, through March 31, 2023. 
Additionally, Commerce is rescinding this administrative review with 
respect to certain companies. Interested parties are invited to comment 
on these preliminary results of this review.

DATES: Applicable May 2, 2024.

[[Page 35802]]


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 June 12, 2023, in response to review requests from multiple 
parties, Commerce published the notice of initiation of an 
administrative review of the antidumping duty order on certain aluminum 
foil from the People's Republic of China (China),\1\ covering 45 
companies.\2\ Between July 31 and September 11, 2023, all requests for 
review were timely withdrawn for certain companies.\3\ On December 8, 
2023, we extended the deadline for these preliminary results of review 
until April 26, 2024.\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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 51271 (August 3, 2023) which includes a previously 
omitted company, ``Manakin Industries, LLC,'' as a respondent in 
this administrative review.
    \3\ See Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd.'s Letter, 
``Request to Withdraw from Administrative Review,'' dated July 31, 
2023; see also Glenroy Inc's Letter, ``Request to Withdraw from 
Administrative Review,'' dated July 31, 2023; Tekni-Plex, Inc. and 
Tri-Seal Opco, LLC (Tekni-Plex's) Letter, ``Partial Withdrawal of 
Administrative Review Request,'' dated August 16, 2023; Paxxus, 
Inc.'s Letter, ``Partial Withdrawal of Administrative Review 
Request,'' dated August 21, 2023; Sankyu-Thai Co., Ltd.'s Letter, 
``Withdrawal of Request for Administrative Review,'' dated September 
11, 2023; and Fres-co System USA, Inc.'s Letter, ``Partial 
Withdrawal of Administrative Review Request,'' dated September 11, 
2023.
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated December 
8, 2023.
---------------------------------------------------------------------------

    For a summary of the events that occurred since the initiation of 
this review and the analysis for these preliminary results, see the 
Preliminary Decision Memorandum.\5\ The Preliminary 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 
Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of topics 
discussed in the Preliminary Decision Memorandum is included as 
Appendix I to this notice.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Certain Aluminum Foil from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the 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 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act). In determining the dumping margins in this review, we calculated 
export prices in accordance with section 772 of the Act. Because 
Commerce has determined that China is a non-market economy country \6\ 
within the meaning of section 771(18) of the Act, Commerce calculated 
normal value in accordance with section 773(c) of the Act. For a full 
description of the methodology underlying the preliminary results of 
this review, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \6\ 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, 82 FR 50858, 50861 (November 2, 2017) (Foil 
from China Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM) (citing Memorandum, ``China's Status as a 
Non-Market Economy,'' dated October 26, 2017), 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) (Foil from China Final Determination).
---------------------------------------------------------------------------

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if all parties that 
requested a review withdraw their requests within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above, the following companies timely withdrew their review 
requests and no other party requested an administrative review of these 
companies: Galex Inc.; Lotte Aluminium Co., Ltd.; Sama Aluminium Co 
Ltd.; Korea Aluminium Co., LTD.; Kataman Metals; Prosvic Sales Inc.; 
Sankyu-Thai Co., Ltd.; and Suzhou Xin Zhao Jin Aluminum Foil Co., Ltd. 
Therefore, we are rescinding this review with respect to these eight 
companies, in accordance with 19 CFR 351.213(d)(1).

Preliminary Determination of No Shipments

    Based on the no-shipment certifications, our analysis of the 
results of the CBP data queries, and the fact that CBP identified no 
information that contradicted certain no-shipment claims, we 
preliminarily determine that Anhui Zhongji Battery Foil Science & 
Technology Co., Ltd. (Anhui Zhongji), Anhui Maximum Aluminum Industries 
Company Ltd. (Anhui Maximum), Manakin Industries, LLC (Manakin), and 
Xiamen Xiashun Aluminium Foil Co., Ltd. (Xiashun) did not have any 
shipments of subject merchandise to the United States during the POR. 
Consistent with Commerce's practice in non-market economy cases, we 
have not rescinded the review with respect to Anhui Zhongji, Anhui 
Maximum, Manakin, and Xiashun, but we will continue the review of these 
companies and issue instructions to CBP based on the final results of 
the review.\7\
---------------------------------------------------------------------------

    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (NME 
Practice); see also Appendix II.
---------------------------------------------------------------------------

Preliminary Affiliation and Single Entity Determination

    Consistent with Commerce's treatment of Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Limited; Hangzhou Dingsheng Import 
& 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. 
(collectively, Dingsheng) in a prior segment of this proceeding,\8\ we 
have continued to find that these companies 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). Consistent with Commerce's treatment of Jiangsu Zhongji Lamination 
Materials Co., Ltd., Jiangsu Zhongji Lamination Materials Stock Co., 
Ltd., Jiangsu Huafeng Aluminium Industry Co., Ltd., and Jiangsu Zhongji 
Lamination Materials Co., (HK) Limited, (collectively, Zhongji) in a 
prior segment of this proceeding,\9\ we have continued to find

[[Page 35803]]

that these companies 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). For additional 
information, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \8\ See Foil from China Preliminary Determination PDM at 16-18, 
unchanged in Foil from China Final Determination. We find that 
record evidence supports continuing to treat these companies as a 
collapsed entity in this review. See Memorandum, ``Dingsheng 
Analysis for the Preliminary Results,'' dated concurrently with this 
notice.
    \9\ In the less-than-fair-value investigation, we collapsed the 
following companies as a single entity: Jiangsu Zhongji Lamination 
Materials Co., (HK) Ltd.; Jiangsu Zhongji Lamination Materials Stock 
Co., Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; and 
Jiangsu Huafeng Aluminum Industry Co., Ltd. See Foil from China 
Preliminary Determination PDM at 16-18, unchanged in Foil from China 
Final Determination. We find that record evidence in this 
administrative review supports continuing to treat these companies 
as a single entity. See Memorandum, ``Zhongji Analysis for the 
Preliminary Results,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Separate Rates

    Commerce preliminarily determines that Dingsheng and Zhongji, the 
two companies individually examined in this review, demonstrated their 
eligibility for a separate rate.\10\ We also preliminarily determine 
that Dong-IL Aluminium Co., Ltd. (Dong-IL), Dongwon Systems Corp. 
(Dongwon), Eastern Valley Co., Ltd. (Eastern Valley), Granges Aluminum 
(Shanghai) Co., Ltd. (Granges Aluminum), Shanghai Shenyan Packaging 
Materials Co., Ltd. (Shanghai Shenyan), and Suzhou Manakin Aluminum 
Processing Technology Co., Ltd. (Suzhou Manakin Aluminum), Suzhou 
Manakin Trading Co., Ltd. (Suzhou Manakin Trading), companies not 
individually examined in this review, demonstrated their eligibility 
for a separate rate.\11\
---------------------------------------------------------------------------

    \10\ See Preliminary Decision Memorandum at the ``Separate Rate 
Determinations'' section for more details.
    \11\ On July 31, 2023, U.S. importer, Glenroy Inc withdrew its 
request for review of Galex Inc., Lotte Aluminium Co., Ltd., and 
Sama Aluminium Co Ltd.
---------------------------------------------------------------------------

    The Act and Commerce's regulations do not address the establishment 
of a separate rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in an 
investigation, for guidance when calculating the rate for separate-rate 
respondents which Commerce did not examine individually in an 
administrative review. Section 735(c)(5)(A) of the Act states that the 
all-others rate should be calculated by averaging the weighted-average 
dumping margins calculated for individually examined respondents, 
excluding dumping margins that are zero, de minimis, or based entirely 
on facts available.
    For the preliminary results of this review, Commerce determined 
estimated dumping margins for Dingsheng and Zhongji to be 59.52, and 
75.53 percent, respectively. For the reasons explained in the 
Preliminary Decision Memorandum, we are assigning the 67.53 percent 
rate to the seven non-examined respondents, Dong-IL, Dongwon, Eastern 
Valley, Granges Shanghai, Shanghai Shenyan, Suzhou Manakin Aluminum, 
and Suzhou Manakin Trading which qualify for a separate rate in this 
review, consistent with Commerce's practice and section 735(c)(5)(A) of 
the Act.\12\
---------------------------------------------------------------------------

    \12\ See Appendix II.
---------------------------------------------------------------------------

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.\13\ Because no party 
requested a review of the China-wide 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) \14\ is not subject to change. 
See the Preliminary Decision Memorandum for further discussion.
---------------------------------------------------------------------------

    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \14\ See Order.
---------------------------------------------------------------------------

    Aside from the companies for which we preliminarily find no 
shipments and the company for which the review is being rescinded, 
Commerce considers the 16 companies for which a review was requested 
and did not demonstrate separate rate eligibility to be part of the 
China-wide entity. Consequently, we have assigned these 16 companies to 
the China-wide entity and they will be subject to the China-wide entity 
rate.\15\ For a listing of these companies, see Appendix II of this 
notice.
---------------------------------------------------------------------------

    \15\ See Initiation Notice (``All firms listed below that wish 
to qualify for separate rate status in the administrative reviews 
involving NME countries must complete, as appropriate, either a 
separate rate application or certification, as described below.''); 
see also Appendix II for the list of companies that are subject to 
this administrative review that are considered to be part of the 
China-wide entity.
---------------------------------------------------------------------------

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period April 1, 2022, 
through March 31, 2023:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
Dingsheng Aluminium Industries (Hong Kong) Trading Co.,            59.52
 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./Inner Mongolia Xinxing New
 Energy Material Co., Ltd...............................
Jiangsu Zhongji Lamination Materials Co., (HK) Limited/            75.53
 Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
 Jiangsu Huafeng Aluminium Industry Co., Ltd./Jiangsu
 Zhongji Lamination Materials Co., Ltd..................
Dong-IL Aluminium Co., Ltd..............................           67.53
Dongwon Systems Corp....................................           67.53
Eastern Valley Co., Ltd.................................           67.53
Granges Aluminum (Shanghai) Co., Ltd....................           67.53
Shanghai Shenyan Packaging Materials Co., Ltd...........           67.53
Suzhou Manakin Aluminum Processing Technology Co., Ltd..           67.53
Suzhou Manakin Trading Co., Ltd.........................           67.53
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

[[Page 35804]]

    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce no later than 30 days after the date of publication 
of this notice.\16\ Rebuttal briefs, limited to issues raised in the 
case briefs, may be filed not later than five days after the date for 
filing case briefs.\17\ Interested parties who submit case briefs or 
rebuttal briefs in this proceeding must submit: (1) a table of contents 
listing each issue; and (2) a table of authorities.\18\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general 
filing requirements).
    \17\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \18\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this review, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\19\ Further, 
we request that interested parties limit their public, executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the public, executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final results in this administrative 
review. We request that interested parties include footnotes for 
relevant citations in the public, executive summary of each issue. Note 
that Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\20\
---------------------------------------------------------------------------

    \19\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \20\ See APO and Service Procedures.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. Requests should contain: (1) the party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. An electronically filed 
hearing request must be received successfully in its entirety by 
Commerce's electronic records system, ACCESS, by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice.
    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results of review in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries covered by this review.\21\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
---------------------------------------------------------------------------

    \21\ See 19 CFR 351.212(b)(1).
---------------------------------------------------------------------------

    For each individually examined respondent in this review whose 
weighted-average dumping margin in the final results of review is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce intends to 
calculate importer/customer-specific assessment rates.\22\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
aggregating the amount of dumping calculated for all U.S. sales to the 
importer/customer and dividing this amount by the total entered value 
of the merchandise sold to the importer/customer.\23\ Where the 
respondent did not report entered values, Commerce will calculate 
importer/customer-specific assessment rates by dividing the amount of 
dumping for reviewed sales to the importer/customer by the total 
quantity of those sales. Commerce will calculate an estimated ad 
valorem importer/customer-specific assessment rate to determine whether 
the per-unit assessment rate is de minimis; however, Commerce will use 
the per-unit assessment rate where entered values were not 
reported.\24\ Where an importer/customer-specific ad valorem assessment 
rate is not zero or de minimis, Commerce will instruct CBP to collect 
the appropriate duties at the time of liquidation. Where either the 
respondent's weighted average dumping margin is zero or de minimis, or 
an importer/customer-specific ad valorem assessment rate is zero or de 
minimis, Commerce will instruct CBP to liquidate appropriate entries 
without regard to antidumping duties.\25\
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.212(b)(1).
    \23\ Id.
    \24\ Id.
    \25\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 
2012).
---------------------------------------------------------------------------

    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by an exporter 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin for the 
China-wide entity.\26\ Additionally, where Commerce determines that an 
exporter under review had no shipments of subject merchandise to the 
United States during the POR, any suspended entries of subject 
merchandise that entered under that exporter's CBP case number during 
the POR will be liquidated at the dumping margin for the China-wide 
entity.
---------------------------------------------------------------------------

    \26\ See NME Practice, for a full discussion of this practice.
---------------------------------------------------------------------------

    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated antidumping 
duties, where applicable.

Cash Deposit Requirements

    Commerce will instruct CBP to require a cash deposit for 
antidumping duties equal to the weighted-average amount by which the 
normal value exceeds U.S. price. The following cash deposit 
requirements will be effective for shipments of the subject merchandise 
from China entered, or withdrawn from warehouse, for consumption on or 
after the publication date of this notice in the Federal Register, as 
provided by section 751(a)(2)(C) of the Act: (1) for the
    exporters listed in the table above, the cash deposit rate will be 
equal to the weighted-average dumping margin established in the final 
results of this review for the exporter (except, if the dumping margin 
is de minimis (i.e., less than 0.5 percent), then the cash deposit rate 
will be zero for that exporter); (2) for previously investigated or 
reviewed Chinese and non-Chinese exporters that are not listed in the 
table above but that have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate established in the most 
recently completed segment of this proceeding; (3) for all Chinese 
exporters of subject

[[Page 35805]]

merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be the rate for the China-wide entity 
(i.e., 105.80 percent); \27\ and (4) for all non-Chinese exporters of 
subject merchandise that have not received their own rate, the cash 
deposit rate will be the rate applicable to the China exporter that 
supplied that non-Chinese exporter. These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \27\ See Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary 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 POR. Failure 
to comply with this requirement could result in Commerce's presumption 
that reimbursement of antidumping and/or countervailing duties has 
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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: April 26, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Review, In Part
V. Preliminary Determination of No Shipments
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A of the Act
VIII. Currency Conversion
IX. Recommendation

Appendix II

Non-Selected Separate Rate Companies

1. Dong-IL Aluminium Co., Ltd.
2. Dongwon Systems Corp.
3. Eastern Valley Co., Ltd.
4. Granges Aluminum (Shanghai) Co., Ltd.
5. Shanghai Shenyan Packaging Materials Co., Ltd.
6. Suzhou Manakin Aluminum Processing Technology Co., Ltd.
7. Suzhou Manakin Trading Co., Ltd.

No Shipments

1. Anhui Maximum Aluminum Industries Company Ltd.
2. Anhui Zhongji Battery Foil Science & Technology Co., Ltd.
3. Manakin Industries, LLC
4. Xiamen Xiashun Aluminium Foil Co., Ltd.

Companies Determined To Be Part of the China-Wide Entity

1. Alcha International Holdings Limited
2. Aluminum Corporation of China Limited
3. Dingheng New Materials Co., Ltd.
4. Henan Mingtai Al. Industrial
5. Hunan Suntown Marketing Limited
6. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.
7. SAM-A Aluminum Co., Ltd.
8. Shandong Nanshan Aluminum Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd
11. Shanghai Sunho Aluminum Foil Co., Ltd.
12. SK Global America Inc.
13. Suntown Technology Group Corporation Limited (Suntown Technology 
Group Co., Ltd.)
14. Walson (HK) Trading Co., Limited
15. Yinbang Clad Materials Co., Ltd.
16. Zhejiang Yongjie Aluminum Co., Ltd.

[FR Doc. 2024-09589 Filed 5-1-24; 8:45 am]
BILLING CODE 3510-DS-P
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