Certain Aluminum Foil From People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Rescission of Review, in Part; 2022-2023, 88972-88975 [2024-26167]
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88972
Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
July 1, 2024, Commerce published the
notice of initiation of the fourth sunset
reviews of the Orders on certain hotrolled carbon steel flat products from
India, Indonesia, China, Taiwan,
Thailand, and Ukraine, in accordance
with section 751(c) of the Tariff Act of
1930, as amended (the Act).2
On July 15, 2024, Commerce received
notices of intent to participate in these
sunset reviews from Nucor Corporation;
Cleveland-Cliffs Inc; United States Steel
Corporation; SSAB Enterprises LLC; and
Steel Dynamics, Inc. (collectively, the
domestic interested parties) within the
deadline specified in 19 CFR
351.218(d)(1)(i).3 The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act, as manufacturers, producers, or
wholesalers of a domestic like product
in the United States. On July 31, 2024,
Commerce received complete
substantive responses to the Initiation
Notice from the domestic interested
parties within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i).4
Commerce received no substantive
responses from respondent interested
parties. As a result, Commerce
conducted the expedited (120-day)
sunset reviews of these Orders in
accordance with section 751(c)(3)(B) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.5 The current deadline for these
final results of sunset reviews is
November 5, 2024.
description of the products covered, see
the Issues and Decision Memorandum.6
and terms of an APO is a violation
which is subject to sanction.
Analysis of Comments Received
All issues raised in these sunset
reviews, including the likelihood of
continuation or recurrence of dumping
in the event of revocation of the Orders
and the magnitude of the margins of
dumping likely to prevail if the Orders
were to be revoked, are addressed in the
accompanying Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is included in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Notification to Interested Parties
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to continuation or
recurrence of dumping. We determine
that the magnitude of the dumping
margins likely to prevail are up to the
following percents:
Country
Scope of the Orders
khammond on DSKJM1Z7X2PROD with NOTICES
The merchandise subject to the
Orders is certain hot-rolled carbon steel
flat products. For a complete
Carbon Steel Flat Products from the People’s
Republic of China, 66 FR 59561 (November 29,
2001); Notice of Antidumping Duty Order; Certain
Hot-Rolled Carbon Steel Flat Products from Taiwan,
66 FR 59563 (November 29, 2001); Antidumping
Duty Order: Certain Hot-Rolled Carbon Steel Flat
Products from Thailand, 66 FR 59562 (November
29, 2001); and Antidumping Duty Order: Certain
Hot-Rolled Carbon Steel Flat Products from
Ukraine, 66 FR 59559 (November 29, 2001)
(collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 89
FR 54435 (July 1, 2024) (Initiation Notice).
3 See Cleveland-Cliffs Inc.’s Letter, ‘‘Notice of
Intent to Participate in Sunset Reviews,’’ dated July
15, 2024, Nucor Corporation’s Letter, ‘‘Notice of
Intent to Participate in Sunset Reviews,’’ dated July
15, 2024, United States Steel Corporation’s Letter,
‘‘Notice of Intent to Participate,’’ dated July 16,
2024, and SSAB Enterprises LLC; and Steel
Dynamics, Inc.’s Letter, ‘‘Notice of Intent to
Participate,’’ dated July 16, 2024.
4 See Domestic Interested Parties’ Letters,
‘‘Substantive Response’’ dated July 31, 2024.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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Weighted-average
dumping margin
(percent)
India ..............................
Indonesia ......................
China ............................
Taiwan ..........................
Thailand ........................
Ukraine .........................
44.40
47.86
90.83
29.14
20.30
90.33
Administrative Protective Order
This notice serves as the only
reminder to parties subject to the
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a). Timely written
notification of the destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Expedited
Fourth Sunset Reviews of the Antidumping Duty
Orders on Certain Hot-Rolled Carbon Steel Flat
Products from India, Indonesia, the People’s
Republic of China, Taiwan, Thailand, and
Ukraine,’’ dated concurrently with and hereby
adopted by this notice.
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We are issuing and publishing these
results and notice in accordance with
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR
351.218(e)(1)(ii)(C)(2) and 19 CFR
351.221(c)(5)(ii).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Dumping Margins
Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation
[FR Doc. 2024–26142 Filed 11–8–24; 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: Final Results of
Antidumping Duty Administrative
Review, Final Determination of No
Shipments, and Rescission of Review,
in Part; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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 one company.
DATES: Applicable November 12, 2024.
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:
AGENCY:
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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
Background
On May 2, 2024, Commerce published
the Preliminary Results and invited
interested parties to comment.1 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 On August
9, 2024, we extended the deadline for
these final results until November 5,
2024.3 For a full summary of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.4 Commerce conducted
this review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order 5
The merchandise covered by the
Order is aluminum foil from China. For
a complete description of the scope, see
the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in Appendix I. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be found at https://
access.trade.gov/public/FRNotices
ListLayout.aspx.
khammond on DSKJM1Z7X2PROD with NOTICES
Rescission of Review, in Part
In the Preliminary Results, Commerce
preliminarily determined that SK Global
America, Inc. (SK Global) was not
eligible for a separate rate because it was
not a producer or exporter of subject
1 See 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, 89 FR 35801 (May 2, 2024)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Extension of Time Limit for
Final Results of Antidumping Duty Administrative
Review, 2022–2023,’’ dated August 9, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People’s Republic
of China; 2022–2023,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
5 See Certain Aluminum Foil from the People’s
Republic of China: Amended Final Determination
of Sales at Less Than Fair Value and Antidumping
Duty Order, 83 FR 17362 (April 19, 2018) (Order).
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16:35 Nov 08, 2024
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merchandise.6 However, because SK
Global is located in the United States,7
we find that an administrative review
should not have been initiated for SK
Global. Accordingly, we are rescinding
this review with respect to SK Global.8
Changes From the Preliminary Results
Based on our analysis of the
comments received from interested
parties, we made certain changes to the
margin calculations for: (1) Dingsheng
Aluminium Industries (Hong Kong)
Trading Co., Limited (Dingsheng
Aluminium Industries (Hong Kong)
Trading Co., Ltd.); Hangzhou Dingsheng
Import & Export Co., Ltd. (Hangzhou
Dingsheng Import and Export Co., Ltd.);
Hangzhou Five Star Aluminium Co.,
Ltd.; Hangzhou Teemful Aluminium
Co., Ltd.; Inner Mongolia Liansheng
New Energy Material Co., Ltd.; and
Inner Mongolia Xinxing New Energy
Material Co., Ltd. (collectively,
Dingsheng); and (2) 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.
(collectively Zhongji).9 Additionally, we
made changes to the separate rate
eligibility determination for Lotte
Aluminium Co., Ltd. (Lotte).10 For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination of No Shipments
In the Preliminary Results, we
preliminarily determined that 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. We
received no information to contradict
this determination. Therefore, we
continue to find that Anhui Zhongji,
Anhui Maximum, Manakin, and
Xiashun had no shipments of subject
merchandise during the POR and will
6 See
Preliminary Results PDM at 12.
SK Global America, Inc.’s Letter, ‘‘Separate
Rate Application,’’ dated July 31, 2023.
8 See Issues and Decision Memorandum at
Comment 11.
9 See Memorandum, ‘‘Dingsheng Final Results
Analysis Memorandum,’’ dated concurrently with
this memorandum.
10 In the Preliminary Results, we stated that we
were rescinding the administrative review with
respect to Lotte because all requests for review had
been withdrawn. See Preliminary Results, 89 FR at
35802. However, all requests for review of Lotte
were not withdrawn; therefore, Lotte is still under
review, and we have considered its separate rate
eligibility for these final results.
7 See
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88973
issue appropriate liquidation
instructions that are consistent with our
‘‘automatic assessment’’ clarification for
these final results.
Separate Rates
In the Preliminary Results, we
determined that the following
companies demonstrated their eligibility
for a separate rate: (1) Dingsheng; (2)
Zhongji; (3) Dong-IL Aluminium Co.,
Ltd. (Dong-IL); (4) Dongwon Systems
Corp. (Dongwon); (5) Eastern Valley Co.,
Ltd. (Eastern Valley); (6) Granges
Aluminum (Shanghai) Co., Ltd.
(Granges Aluminum); (7) Shanghai
Shenyan Packaging Materials Co., Ltd.
(Shanghai Shenyan); (8) Suzhou
Manakin Aluminum Processing
Technology Co., Ltd. (Suzhou Manakin
Aluminum); and (9) Suzhou Manakin
Trading Co., Ltd. (Suzhou Manakin
Trading).11 For these final results, we
continue to determine that the
companies listed above are eligible for
a separate rate, and that 15 companies 12
are ineligible for a separate rate.
Additionally, for these final results, we
also find that Lotte is eligible for a
separate rate.13
The China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the China-wide entity.14
Because no party requested a review of
the China-wide entity, and Commerce
did not self-initiate a review of the
entity, the China-wide entity is not
under review, and the weighted-average
dumping margin for the China-wide
entity (i.e., 105.80 percent) is not subject
to change.15 Because 15 companies did
not demonstrate their eligibility for a
separate rate, we continue to determine
the 15 companies to be part of the
China-wide entity, and they will be
subject to the China-wide entity rate.16
11 See Preliminary Results PDM at the ‘‘Separate
Rate Determinations’’ section for more details.
12 See Appendix II of this notice for a complete
listing of these companies.
13 See Issues and Decision Memorandum at
Comment 10.
14 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (November 4, 2013).
15 See Order, 84 FR at 2814.
16 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 included a previously omitted
company, ‘‘Manakin Industries, LLC,’’ as a
E:\FR\FM\12NON1.SGM
Continued
12NON1
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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
For a listing of these companies, see
Appendix II of this notice.
Final Results of Administrative Review
margins exist for the period April 1,
2022, through March 31, 2023: 17
We determine that the following
estimated weighted-average dumping
Weighted-average
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 .....................................................................................................................................
Lotte Aluminium Co., Ltd .............................................................................................................................................................
Shanghai Shenyan Packaging Materials Co., Ltd .......................................................................................................................
Suzhou Manakin Aluminum Processing Technology Co., Ltd ....................................................................................................
Suzhou Manakin Trading Co., Ltd ...............................................................................................................................................
Disclosure
Pursuant to 19 CFR 351.224(b), we
intend to disclose to parties in this
proceeding the calculations performed
for these final results within five days
of the publication of this notice in the
Federal Register.
Assessment Rates
khammond on DSKJM1Z7X2PROD with NOTICES
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries in this review, in
accordance with section 751(a)(2)(C) of
the Act and 19 CFR 351.212(b). We
intend to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
in the Federal Register. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
Where Dingsheng and Zhongji
reported reliable entered values, we
calculated importer- (or customer-)
specific ad valorem rates by aggregating
the dumping margins calculated for all
U.S. sales to each importer (or customer)
and dividing this amount by the total
respondent in this administrative review), stating
‘‘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.’’
17 Commerce calculated the rate for non-reviewed
respondents using a weighted average of the
estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly ranged values for the
merchandise under consideration. With two
respondents under examination, Commerce
normally calculates: (A) a weighted-average of the
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16:35 Nov 08, 2024
Jkt 265001
entered value of the sales to each
importer (or customer).18 Where
Commerce calculated a weightedaverage dumping margin by dividing the
total amount of dumping for reviewed
sales to that party by the total sales
quantity associated with those
transactions, Commerce will direct CBP
to assess importer- (or customer-)
specific assessment rates based on the
resulting per-unit rates.19 Where an
importer- (or customer-) specific ad
valorem or per-unit rate is greater than
de minimis (i.e., 0.50 percent),
Commerce will instruct CBP to collect
the appropriate duties at the time of
liquidation.20 Where an importer- (or
customer-) specific ad valorem or perunit rate is zero or de minimis,
Commerce will instruct CBP to liquidate
appropriate entries without regard to
antidumping duties.21
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for subject merchandise
exported by the companies listed above
estimated weighted-average dumping margins
calculated for the examined respondents; (B) a
simple average of the estimated weighted-average
dumping margins calculated for the examined
respondents; and (C) a weighted-average of the
estimated weighted-average dumping margins
calculated for the examined respondents using each
company’s publicly ranged U.S. sales values for the
merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate
closest to (A) as the most appropriate rate for all
other producers and exporters. See, e.g., Ball
Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results
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60.61
75.65
63.25
63.25
63.25
63.25
63.25
63.25
63.25
63.25
that have separate rates, the cash
deposit rate will be the rate established
in these final results of review for each
exporter as listed above; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all Chinese exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the Chinawide entity; and (4) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and
Decision Memorandum at Comment 1. As complete
publicly ranged sales data were available,
Commerce based the all-others rate on the publicly
ranged sales data of the mandatory respondents. For
a complete analysis of the data, see the NonReviewed Respondents Calculation Memorandum.
18 See 19 CFR 351.212(b)(1).
19 Id.
20 Id.
21 See 19 CFR 351.106(c)(2).
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Federal Register / Vol. 89, No. 218 / Tuesday, November 12, 2024 / Notices
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder
to parties subject to an APO of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return or destruction of APO
materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
These final results of review are
issued and published in accordance
with sections 751(a) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(5).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value (SV) for
Dingsheng’s Self-Produced Recycled
Scrap Input and its By-Product Recycled
Aluminum
Comment 3: Calculation of Zhongji’s
Factors of Production (FOPs)
Comment 4: Zhongji’s Freight and
Movement Distance
Comment 5: Dingsheng’s Freight Costs and
Processing Costs in Thailand
Comment 6: SV for Electricity
Comment 7: Deduct Additional Expenses
Reported for Certain U.S. Sales
Comment 8: Export-Contingent
Countervailing Duty (CVD) Offset
Comment 9: Double Remedies Adjustment
Comment 10: Separate Rate for Lotte
Comment 11: Separate Rate for SK Global
America, Inc. (SK Global)
VI. Recommendation
Appendix II
Companies Determined To Be Part of the
China-Wide Entity
1. Alcha International Holdings Limited
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Jkt 265001
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. Suntown Technology Group Corporation
Limited (Suntown Technology Group
Co., Ltd.)
13. Walson (HK) Trading Co., Limited
14. Yinbang Clad Materials Co., Ltd.
15. Zhejiang Yongjie Aluminum Co., Ltd.
[FR Doc. 2024–26167 Filed 11–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Office of Marine and Aviation
Operations: Occupational Health,
Safety, and Readiness Forms
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before January 13, 2025.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at NOAA.PRA@noaa.gov. Please
reference OMB Control Number 0648–
0824 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to OMAO
SUMMARY:
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88975
Policy Program, NOAA, 1315 East West
Highway, Silver Spring, MD 20910,
MaryBeth Ryan, omao.policy@noaa.gov
or by phone: 202–656–8310.
SUPPLEMENTARY INFORMATION:
I. Abstract
This is a request for a revision to an
approved collection of information.
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E:\FR\FM\12NON1.SGM
12NON1
Agencies
[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88972-88975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26167]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From People's Republic of China: Final
Results of Antidumping Duty Administrative Review, Final Determination
of No Shipments, and Rescission of Review, in Part; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 one company.
DATES: Applicable November 12, 2024.
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:
[[Page 88973]]
Background
On May 2, 2024, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\2\ On August 9, 2024, we extended the deadline for these final
results until November 5, 2024.\3\ For a full summary of the events
that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\4\ Commerce conducted this review in accordance
with section 751(a) of the Tariff Act of 1930, as amended (the Act).
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\1\ See 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, 89 FR 35801
(May 2, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Time Limit for Final Results
of Antidumping Duty Administrative Review, 2022-2023,'' dated August
9, 2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China; 2022-
2023,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 5
---------------------------------------------------------------------------
\5\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Determination of Sales at Less Than Fair Value
and Antidumping Duty Order, 83 FR 17362 (April 19, 2018) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is aluminum foil from China.
For a complete description of the scope, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum and are listed in Appendix I. The
Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Rescission of Review, in Part
In the Preliminary Results, Commerce preliminarily determined that
SK Global America, Inc. (SK Global) was not eligible for a separate
rate because it was not a producer or exporter of subject
merchandise.\6\ However, because SK Global is located in the United
States,\7\ we find that an administrative review should not have been
initiated for SK Global. Accordingly, we are rescinding this review
with respect to SK Global.\8\
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\6\ See Preliminary Results PDM at 12.
\7\ See SK Global America, Inc.'s Letter, ``Separate Rate
Application,'' dated July 31, 2023.
\8\ See Issues and Decision Memorandum at Comment 11.
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Changes From the Preliminary Results
Based on our analysis of the comments received from interested
parties, we made certain changes to the margin calculations for: (1)
Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited
(Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.);
Hangzhou Dingsheng Import & Export Co., Ltd. (Hangzhou Dingsheng Import
and Export Co., Ltd.); Hangzhou Five Star Aluminium Co., Ltd.; Hangzhou
Teemful Aluminium Co., Ltd.; Inner Mongolia Liansheng New Energy
Material Co., Ltd.; and Inner Mongolia Xinxing New Energy Material Co.,
Ltd. (collectively, Dingsheng); and (2) 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. (collectively Zhongji).\9\
Additionally, we made changes to the separate rate eligibility
determination for Lotte Aluminium Co., Ltd. (Lotte).\10\ For a
discussion of these changes, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\9\ See Memorandum, ``Dingsheng Final Results Analysis
Memorandum,'' dated concurrently with this memorandum.
\10\ In the Preliminary Results, we stated that we were
rescinding the administrative review with respect to Lotte because
all requests for review had been withdrawn. See Preliminary Results,
89 FR at 35802. However, all requests for review of Lotte were not
withdrawn; therefore, Lotte is still under review, and we have
considered its separate rate eligibility for these final results.
---------------------------------------------------------------------------
Final Determination of No Shipments
In the Preliminary Results, we preliminarily determined 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. We received no information to contradict
this determination. Therefore, we continue to find that Anhui Zhongji,
Anhui Maximum, Manakin, and Xiashun had no shipments of subject
merchandise during the POR and will issue appropriate liquidation
instructions that are consistent with our ``automatic assessment''
clarification for these final results.
Separate Rates
In the Preliminary Results, we determined that the following
companies demonstrated their eligibility for a separate rate: (1)
Dingsheng; (2) Zhongji; (3) Dong-IL Aluminium Co., Ltd. (Dong-IL); (4)
Dongwon Systems Corp. (Dongwon); (5) Eastern Valley Co., Ltd. (Eastern
Valley); (6) Granges Aluminum (Shanghai) Co., Ltd. (Granges Aluminum);
(7) Shanghai Shenyan Packaging Materials Co., Ltd. (Shanghai Shenyan);
(8) Suzhou Manakin Aluminum Processing Technology Co., Ltd. (Suzhou
Manakin Aluminum); and (9) Suzhou Manakin Trading Co., Ltd. (Suzhou
Manakin Trading).\11\ For these final results, we continue to determine
that the companies listed above are eligible for a separate rate, and
that 15 companies \12\ are ineligible for a separate rate.
Additionally, for these final results, we also find that Lotte is
eligible for a separate rate.\13\
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\11\ See Preliminary Results PDM at the ``Separate Rate
Determinations'' section for more details.
\12\ See Appendix II of this notice for a complete listing of
these companies.
\13\ See Issues and Decision Memorandum at Comment 10.
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The China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\14\ Because no party
requested a review of the China-wide entity, and Commerce did not self-
initiate a review of the entity, the China-wide entity is not under
review, and the weighted-average dumping margin for the China-wide
entity (i.e., 105.80 percent) is not subject to change.\15\ Because 15
companies did not demonstrate their eligibility for a separate rate, we
continue to determine the 15 companies to be part of the China-wide
entity, and they will be subject to the China-wide entity rate.\16\
[[Page 88974]]
For a listing of these companies, see Appendix II of this notice.
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\14\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November
4, 2013).
\15\ See Order, 84 FR at 2814.
\16\ 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 included a previously
omitted company, ``Manakin Industries, LLC,'' as a respondent in
this administrative review), stating ``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.''
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Final Results of Administrative Review
We determine that the following estimated weighted-average dumping
margins exist for the period April 1, 2022, through March 31, 2023:
\17\
---------------------------------------------------------------------------
\17\ Commerce calculated the rate for non-reviewed respondents
using a weighted average of the estimated weighted-average dumping
margins calculated for the examined respondents using each company's
publicly ranged values for the merchandise under consideration. With
two respondents under examination, Commerce normally calculates: (A)
a weighted-average of the estimated weighted-average dumping margins
calculated for the examined respondents; (B) a simple average of the
estimated weighted-average dumping margins calculated for the
examined respondents; and (C) a weighted-average of the estimated
weighted-average dumping margins calculated for the examined
respondents using each company's publicly ranged U.S. sales values
for the merchandise under consideration. Commerce then compares (B)
and (C) to (A) and selects the rate closest to (A) as the most
appropriate rate for all other producers and exporters. See, e.g.,
Ball Bearings and Parts Thereof from France, Germany, Italy, Japan,
and the United Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see the Non-Reviewed Respondents Calculation Memorandum.
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
Dingsheng Aluminium Industries (Hong Kong) Trading 60.61
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) 75.65
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.......................... 63.25
Dongwon Systems Corp................................ 63.25
Eastern Valley Co., Ltd............................. 63.25
Granges Aluminum (Shanghai) Co., Ltd................ 63.25
Lotte Aluminium Co., Ltd............................ 63.25
Shanghai Shenyan Packaging Materials Co., Ltd....... 63.25
Suzhou Manakin Aluminum Processing Technology Co., 63.25
Ltd................................................
Suzhou Manakin Trading Co., Ltd..................... 63.25
------------------------------------------------------------------------
Disclosure
Pursuant to 19 CFR 351.224(b), we intend to disclose to parties in
this proceeding the calculations performed for these final results
within five days of the publication of this notice in the Federal
Register.
Assessment Rates
Commerce has determined, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries in
this review, in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). We intend to issue assessment instructions to CBP no
earlier than 35 days after the date of publication of these final
results in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Where Dingsheng and Zhongji reported reliable entered values, we
calculated importer- (or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\18\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer- (or customer-) specific assessment rates based on
the resulting per-unit rates.\19\ Where an importer- (or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\20\ Where an importer- (or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\21\
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\18\ See 19 CFR 351.212(b)(1).
\19\ Id.
\20\ Id.
\21\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for subject merchandise exported
by the companies listed above that have separate rates, the cash
deposit rate will be the rate established in these final results of
review for each exporter as listed above; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that for the China-wide entity; and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These cash deposit requirements, when imposed, shall remain
in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review
[[Page 88975]]
period. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping and/or
countervailing duties occurred and the subsequent assessment of double
antidumping duties, and/or an increase in the amount of antidumping
duties by the amount of the countervailing duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305, which continues to govern business proprietary information in
this segment of the proceeding. Timely written notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
These final results of review are issued and published in
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(5).
Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Selection of Surrogate Country
Comment 2: Surrogate Value (SV) for Dingsheng's Self-Produced
Recycled Scrap Input and its By-Product Recycled Aluminum
Comment 3: Calculation of Zhongji's Factors of Production (FOPs)
Comment 4: Zhongji's Freight and Movement Distance
Comment 5: Dingsheng's Freight Costs and Processing Costs in
Thailand
Comment 6: SV for Electricity
Comment 7: Deduct Additional Expenses Reported for Certain U.S.
Sales
Comment 8: Export-Contingent Countervailing Duty (CVD) Offset
Comment 9: Double Remedies Adjustment
Comment 10: Separate Rate for Lotte
Comment 11: Separate Rate for SK Global America, Inc. (SK
Global)
VI. Recommendation
Appendix II
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. Suntown Technology Group Corporation Limited (Suntown Technology
Group Co., Ltd.)
13. Walson (HK) Trading Co., Limited
14. Yinbang Clad Materials Co., Ltd.
15. Zhejiang Yongjie Aluminum Co., Ltd.
[FR Doc. 2024-26167 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P