Certain Aluminum Foil From the People's Republic of China: Amended Final Results of Countervailing Duty Administrative; 2022, 102107-102109 [2024-29600]
Download as PDF
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Industeel Belgium S.A ................
2.52
ddrumheller on DSK120RN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results 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).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by Industeel in these final results of
review for which Industeel did not
know that the merchandise it sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.
Commerce intends 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).
VerDate Sep<11>2014
19:45 Dec 16, 2024
Jkt 265001
Cash Deposit Requirements
Upon publication of this notice in the
Federal Register, the following cash
deposit requirements will be effective
for all shipments of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the publication date of the final
results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for
Industeel will be equal to the weightedaverage dumping margin established in
the final results of this review; (2) for
merchandise exported by producers or
exporters not covered in this review but
covered in a prior completed segment of
the proceeding, the cash deposit will
continue to be the company-specific rate
published in the completed segment for
the most recently completed period; (3)
if the exporter is not a firm covered in
this review, a prior review, or the
original less-than-fair-value (LTFV)
investigation, but the producer has been
covered in a prior completed segment of
this proceeding, then the cash deposit
rate will be the rate established in the
completed segment for the most recent
period for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 5.40 percent, the allothers rate established in the LTFV
investigation for this proceeding.11
These 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 duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
11 See
PO 00000
Order, 82 FR at 24098.
Frm 00004
Fmt 4703
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102107
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 10, 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 Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Industeel’s Reported Section
232 Duties
Comment 2: Adjustments under the
Transaction Disregarded Rule
Comment 3: Industeel’s Reported
Merchandise Processing Fee and Harbor
Maintenance Fee
Comment 4: Correction of Certain
Ministerial Errors and Adjustment to
Certain Costs
VI. Recommendation
[FR Doc. 2024–29603 Filed 12–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–054]
Certain Aluminum Foil From the
People’s Republic of China: Amended
Final Results of Countervailing Duty
Administrative; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the countervailing duty
administrative review of certain
aluminum foil (aluminum foil) from the
People’s Republic of China (China) to
correct a ministerial error. The period of
review (POR) is January 1, 2022,
through December 31, 2022.
DATES: Applicable December 17, 2024.
FOR FURTHER INFORMATION CONTACT:
Natasia Harrison or Harrison Tanchuck,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1240 or
(202) 482–7421, respectively.
AGENCY:
E:\FR\FM\17DEN1.SGM
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102108
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 751(a)(1)
of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(b)(5), on
November 12, 2024, Commerce
published its final results in the
countervailing duty administrative
review of aluminum foil from China.1
On November 13, 2024, the Aluminum
Association Trade Enforcement Working
Group and its individual members
(collectively, the petitioners) timely
alleged that Commerce made a
ministerial error in the Final Results.2
No party submitted rebuttal comments.
Scope of the Order 3
The product covered by the scope of
the Order is aluminum foil from China.
A full description of the scope of the
Order is contained in the Final Results
IDM.
Ministerial Error Analysis
Memorandum.
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results.5
Specifically, we are amending the net
subsidy rate for Zhongji HK. The revised
net subsidy rate is provided in the table
below. As a result of amending the net
subsidy rate for Zhongji HK, we are also
amending the rate for the non-selected
companies, which is the average of the
average of the rates calculated for two
mandatory respondents, as provided in
the table below.
Amended Final Results of Review
As a result of correcting the
ministerial errors described above,
Commerce determines the following net
countervailable subsidy rates for the
period January 1, 2022, through
December 31, 2022:
Ministerial Errors
ddrumheller on DSK120RN23PROD with NOTICES1
Section 751(h) of the Act, and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any similar
type of unintentional error which the
Secretary considers ministerial.’’
Commerce finds that the purported error
alleged by the petitioners constitutes a
ministerial error within the meaning of
19 CFR 351.224(f).4 Specifically, we
committed a ministerial error with
regard to the calculation of mandatory
respondent Jiangsu Zhongji Lamination
Materials Co., (HK) Limited’s (Zhongji
HK’s) input supplier company sales
denominators, and consequently, the
subsidy rate calculations performed in
connection with Zhongji HK’s affiliated
input supplier company sales
denominators. For a complete
discussion of this alleged error, see the
1 See Certain Aluminum Foil from the People’s
Republic of China: Final Results of Countervailing
Duty Administrative; 2022, 89 FR 88957 (November
12, 2024) (Final Results), and accompanying Issues
and Decision Memorandum (IDM).
2 See Petitioners’ Letter, ‘‘Ministerial Error
Allegation,’’ dated November 13, 2024.
3 See Certain Aluminum Foil from the People’s
Republic of China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 17360 (April 19,
2018); see also Certain Aluminum Foil from the
People’s Republic of China: Notice of Court
Decision Not in Harmony With the Amended Final
Determination in the Countervailing Duty
Investigation, and Notice of Amended Final
Determination and Amended Countervailing Duty
Order, 85 FR 47730 (August 6, 2020) (collectively,
Order).
4 See Memorandum, ‘‘Analysis of Ministerial
Error Allegations,’’ dated concurrently with this
notice (Ministerial Error Analysis Memorandum).
VerDate Sep<11>2014
19:45 Dec 16, 2024
Subsidy rate
(percent ad
valorem)
Company
Jkt 265001
Hangzhou Five Star Aluminium Co., Ltd.6 ..............
Jiangsu Zhongji Lamination
Materials Co., (HK) Limited 8 ..................................
Non-Selected Companies
Under Review 10 ................
7 29.90
9 25.24
11 29.13
Commerce intends to disclose the
calculations performed for these
Final Results, 89 FR at 88958.
finds the following companies to be
to be cross-owned with Five Star: Jiangsu
Dingsheng New Materials Joint-Stock Co., Ltd.
(Jiangsu Dingsheng), Dingsheng Aluminum
Industries (Hong Kong) Trading Co., Ltd.
(Dingsheng HK), Hangzhou Dingsheng Import &
Export Co., Ltd. (Dingsheng IE), Hangzhou Teemful
Aluminium Co., Ltd. (Teemful), Inner Mongolia
Liansheng New Energy Material Co., Ltd. or Inner
Mongolia Liansheng New Energy Material JointStock Co., Ltd. (Liansheng), Inner Mongolia Xinxing
New Energy Material Co., Ltd. or Inner Mongolia
Xinxing New Material Co., Ltd. (Xinxing),
Hangzhou Dingsheng Industrial Group Co., Ltd.
(Dingsheng Group), Hangzhou Dingcheng
Aluminium Co., Ltd. (Dingcheng); Luoyang
Longding Aluminum Co., Ltd. (Longding); Walson
(HK) Trading Co., Limited (Walson HK); Dingheng
New Materials Co., Ltd. (Dingheng) and Thai Ding
Li New Materials Co., Ltd. (Ding Li), (collectively,
Dingsheng Respondents). Walson HK, Dingheng
and Ding Li were listed separately in Initiation of
Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12,
2023) (Initiation Notice). See Dingsheng
Respondents’ Letter, ‘‘Hangzhou Five Star
Affiliation Response,’’ dated August 25, 2023
(Dingsheng Respondents AQR) at Exhibit A.1.
7 Unchanged from Final Results.
8 As discussed in the Preliminary Results,
Commerce finds the following companies to be to
be cross-owned with Zhongji HK: Jiangsu Zhongji
Lamination Materials Co., Ltd. (Zhongji) (FKA
Jiangsu Zhongji Lamination Materials Stock Co.,
Ltd.); Jiangsu Huafeng Aluminium Industry Co.,
6 Commerce
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Assessment Rates
In accordance with section 751(a)(1)
of the Act and 19 CFR 351.212(b)(2),
Commerce shall determine, and U.S.
Customs and Border Protections (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
amended final results of this review.
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of
these amended 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
Disclosure
5 See
amended final results within five days
after the date of publication of this
notice in the Federal Register in
accordance with 19 CFR 351.224(b).
In accordance with section 751(a)(1)
of the Act, Commerce also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown for the companies
subject to this review, effective
November 12, 2024, the date of
publication of the Final Results in the
Federal Register. For all non-selected
companies, CBP will continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposits, when
imposed, shall remain in effect until
further notice.
Ltd. (Jiangsu Huafeng); Shantou Wanshun New
Material Group Co., Ltd. (Shantou Wanshun) (FKA
Shantou Wanshun Package Material Stock Co.,
Ltd.); Anhui Zhongji Battery Foil Science &
Technology Co., Ltd. (Anhui Zhongji) (FKA Anhui
Maximum Aluminium Industries Company
Limited); and Sichuan Wanshun Zhongji
Aluminium Industry Co., Ltd. (Sichuan Wanshun).
Anhui Zhongji, Anhui Maximum Aluminium
Industries Company Limited, Jiangsu Huafeng,
Zhongji, and Shantou Wanshun Package Material
Stock Co., Ltd. were listed separately in the
Initiation Notice.
9 This net countervailable ad valorem subsidy
rate reflects an entered value adjustment (EVA). See
Final Results IDM at Comment 3.
10 See Appendix for a list of the non-selected
companies under review.
11 The non-selected company rate reflects Five
Star’s ad valorem net countervailable subsidy rate
and Zhongji HK’s amended ad valorem net
countervailable subsidy rate without the EVA,
which is 28.35 percent. See Final Results IDM at
Comment 3; see also Memorandum, ‘‘Amended
Final Results Calculation of Subsidy Rate for NonSelected Companies Under Review,’’ dated
concurrently with this notice.
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17DEN1
Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / Notices
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
The U.S. Department of
Commerce (Commerce) determines that
Dongkuk Coated Metal Co., Ltd.
(Dongkuk) and certain companies not
selected for individual examination
made sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) July 1, 2022, through June 30,
2023. In addition, Commerce
determines that Hyundai Steel Company
(Hyundai) did not make sales of subject
merchandise in the United States at
prices below NV during the POR.
Notification to Interested Parties
DATES:
We are issuing and publishing these
amended final results of the review in
accordance with sections 751(h) and
777(i)(1) of the Act, and 19 CFR
351.224(e).
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
Dated: December 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Applicable December 17, 2024.
Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–4868,
respectively.
Appendix
SUPPLEMENTARY INFORMATION:
Non-Selected Companies Under Review
1. Alcha International Holdings Limited
2. Baotou Alcha Aluminum Co., Ltd.
3. Gränges Aluminum (Shanghai) Co., Ltd.
4. Guangxi Baise Xinghe Aluminum Industry
Co., Ltd.
5. Hunan Suntown Marketing Limited
6. Jiangyin Dolphin Pack Ltd. Co.
7. Luoyang Longding Aluminium Industries
Co., Ltd.
8. Shandong Yuanrui Metal Material Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co.,
Ltd.
11. Shanghai Shenyan Packaging Materials
Co., Ltd.
12. SNTO International Trade Limited
13. Suntown Technology Group Corporation
Limited
14. Xiamen Xiashun Aluminium Foil Co. Ltd.
15. Yangtai Jintai International Trade Co.,
Ltd.
16. Yantai Donghai Aluminum Co., Ltd.
17. Yinbang Clad Material Co., Ltd.
18. Zhejiang Zhongjin Aluminum Industry
Co., Ltd.
Background
On August 12, 2024, Commerce
published the Preliminary Results of
this administrative review of the
antidumping duty order on certain
corrosion-resistant steel products
(CORE) from the Republic of Korea
(Korea) and invited interested parties to
comment.1 This administrative review
covers 11 exporters and/or producers of
the subject merchandise,2 of which we
selected Dongkuk and Hyundai as
mandatory respondents. On December
9, 2024, Commerce tolled the deadline
to issue the final results in this
administrative review by 90 days.3
Accordingly, the deadline for these final
results is now March 10, 2025. For a
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)(1)(B) of
[FR Doc. 2024–29600 Filed 12–16–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
ddrumheller on DSK120RN23PROD with NOTICES1
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Sep<11>2014
19:45 Dec 16, 2024
Jkt 265001
1 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review, 2022–
2023, 89 FR 65596 (August 12, 2024) (Preliminary
Results ),and accompanying Preliminary Decision
Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
62322, 62326 (September 11, 2023).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2022–
2023 Antidumping Duty Administrative Review:
Certain Corrosion-Resistant Steel Products from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
PO 00000
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102109
the Tariff Act of 1930, as amended (the
Act).
Scope of the Order 5
The merchandise covered by this
Order is CORE from Korea. For a full
description of the scope of the Order,
see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised by parties in the case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues addressed in the Issues
and Decision Memorandum is provided
in the appendix to this notice. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade/gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on comments received from
interested parties regarding our
Preliminary Results, we made certain
changes to the preliminary weightedaverage dumping margin calculation for
Dongkuk,6 as well as the preliminary
weighted-average dumping margin
assigned to the companies not selected
for individual examination.
Rates for Companies Not Selected for
Individual Examination
The statute and Commerce’s
regulations do not address the
establishment of a rate to be applied to
individual companies not selected for
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
companies which we did not
individually examine in an
administrative review. Section
735(c)(5)(A) of the Act establishes a
preference to avoid using rates which
are zero, de minimis, or based entirely
5 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016) (Order).
6 See Issues and Decision Memorandum at
Comment 1.
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Agencies
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102107-102109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29600]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China:
Amended Final Results of Countervailing Duty Administrative; 2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the countervailing duty administrative review of
certain aluminum foil (aluminum foil) from the People's Republic of
China (China) to correct a ministerial error. The period of review
(POR) is January 1, 2022, through December 31, 2022.
DATES: Applicable December 17, 2024.
FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck,
AD/CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1240 or (202)
482-7421, respectively.
[[Page 102108]]
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.221(b)(5), on November 12, 2024,
Commerce published its final results in the countervailing duty
administrative review of aluminum foil from China.\1\ On November 13,
2024, the Aluminum Association Trade Enforcement Working Group and its
individual members (collectively, the petitioners) timely alleged that
Commerce made a ministerial error in the Final Results.\2\ No party
submitted rebuttal comments.
---------------------------------------------------------------------------
\1\ See Certain Aluminum Foil from the People's Republic of
China: Final Results of Countervailing Duty Administrative; 2022, 89
FR 88957 (November 12, 2024) (Final Results), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See Petitioners' Letter, ``Ministerial Error Allegation,''
dated November 13, 2024.
---------------------------------------------------------------------------
Scope of the Order 3
---------------------------------------------------------------------------
\3\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 83 FR 17360 (April 19, 2018); see
also Certain Aluminum Foil from the People's Republic of China:
Notice of Court Decision Not in Harmony With the Amended Final
Determination in the Countervailing Duty Investigation, and Notice
of Amended Final Determination and Amended Countervailing Duty
Order, 85 FR 47730 (August 6, 2020) (collectively, Order).
---------------------------------------------------------------------------
The product covered by the scope of the Order is aluminum foil from
China. A full description of the scope of the Order is contained in the
Final Results IDM.
Ministerial Errors
Section 751(h) of the Act, and 19 CFR 351.224(f) define a
``ministerial error'' as an error ``in addition, subtraction, or other
arithmetic function, clerical error resulting from inaccurate copying,
duplication, or the like, and any similar type of unintentional error
which the Secretary considers ministerial.'' Commerce finds that the
purported error alleged by the petitioners constitutes a ministerial
error within the meaning of 19 CFR 351.224(f).\4\ Specifically, we
committed a ministerial error with regard to the calculation of
mandatory respondent Jiangsu Zhongji Lamination Materials Co., (HK)
Limited's (Zhongji HK's) input supplier company sales denominators, and
consequently, the subsidy rate calculations performed in connection
with Zhongji HK's affiliated input supplier company sales denominators.
For a complete discussion of this alleged error, see the Ministerial
Error Analysis Memorandum.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with this notice (Ministerial
Error Analysis Memorandum).
---------------------------------------------------------------------------
In accordance with section 751(h) of the Act and 19 CFR 351.224(e),
we are amending the Final Results.\5\ Specifically, we are amending the
net subsidy rate for Zhongji HK. The revised net subsidy rate is
provided in the table below. As a result of amending the net subsidy
rate for Zhongji HK, we are also amending the rate for the non-selected
companies, which is the average of the average of the rates calculated
for two mandatory respondents, as provided in the table below.
---------------------------------------------------------------------------
\5\ See Final Results, 89 FR at 88958.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial errors described above,
Commerce determines the following net countervailable subsidy rates for
the period January 1, 2022, through December 31, 2022:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hangzhou Five Star Aluminium Co., Ltd.\6\............... \7\ 29.90
Jiangsu Zhongji Lamination Materials Co., (HK) Limited \9\ 25.24
\8\....................................................
Non-Selected Companies Under Review \10\................ \11\ 29.13
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\6\ Commerce finds the following companies to be to be cross-
owned with Five Star: Jiangsu Dingsheng New Materials Joint-Stock
Co., Ltd. (Jiangsu Dingsheng), Dingsheng Aluminum Industries (Hong
Kong) Trading Co., Ltd. (Dingsheng HK), Hangzhou Dingsheng Import &
Export Co., Ltd. (Dingsheng IE), Hangzhou Teemful Aluminium Co.,
Ltd. (Teemful), Inner Mongolia Liansheng New Energy Material Co.,
Ltd. or Inner Mongolia Liansheng New Energy Material Joint-Stock
Co., Ltd. (Liansheng), Inner Mongolia Xinxing New Energy Material
Co., Ltd. or Inner Mongolia Xinxing New Material Co., Ltd.
(Xinxing), Hangzhou Dingsheng Industrial Group Co., Ltd. (Dingsheng
Group), Hangzhou Dingcheng Aluminium Co., Ltd. (Dingcheng); Luoyang
Longding Aluminum Co., Ltd. (Longding); Walson (HK) Trading Co.,
Limited (Walson HK); Dingheng New Materials Co., Ltd. (Dingheng) and
Thai Ding Li New Materials Co., Ltd. (Ding Li), (collectively,
Dingsheng Respondents). Walson HK, Dingheng and Ding Li were listed
separately in Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 38021 (June 12, 2023) (Initiation
Notice). See Dingsheng Respondents' Letter, ``Hangzhou Five Star
Affiliation Response,'' dated August 25, 2023 (Dingsheng Respondents
AQR) at Exhibit A.1.
\7\ Unchanged from Final Results.
\8\ As discussed in the Preliminary Results, Commerce finds the
following companies to be to be cross-owned with Zhongji HK: Jiangsu
Zhongji Lamination Materials Co., Ltd. (Zhongji) (FKA Jiangsu
Zhongji Lamination Materials Stock Co., Ltd.); Jiangsu Huafeng
Aluminium Industry Co., Ltd. (Jiangsu Huafeng); Shantou Wanshun New
Material Group Co., Ltd. (Shantou Wanshun) (FKA Shantou Wanshun
Package Material Stock Co., Ltd.); Anhui Zhongji Battery Foil
Science & Technology Co., Ltd. (Anhui Zhongji) (FKA Anhui Maximum
Aluminium Industries Company Limited); and Sichuan Wanshun Zhongji
Aluminium Industry Co., Ltd. (Sichuan Wanshun). Anhui Zhongji, Anhui
Maximum Aluminium Industries Company Limited, Jiangsu Huafeng,
Zhongji, and Shantou Wanshun Package Material Stock Co., Ltd. were
listed separately in the Initiation Notice.
\9\ This net countervailable ad valorem subsidy rate reflects an
entered value adjustment (EVA). See Final Results IDM at Comment 3.
\10\ See Appendix for a list of the non-selected companies under
review.
\11\ The non-selected company rate reflects Five Star's ad
valorem net countervailable subsidy rate and Zhongji HK's amended ad
valorem net countervailable subsidy rate without the EVA, which is
28.35 percent. See Final Results IDM at Comment 3; see also
Memorandum, ``Amended Final Results Calculation of Subsidy Rate for
Non-Selected Companies Under Review,'' dated concurrently with this
notice.
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Commerce intends to disclose the calculations performed for these
amended final results within five days after the date of publication of
this notice in the Federal Register in accordance with 19 CFR
351.224(b).
Assessment Rates
In accordance with section 751(a)(1) of the Act and 19 CFR
351.212(b)(2), Commerce shall determine, and U.S. Customs and Border
Protections (CBP) shall assess, countervailing duties on all
appropriate entries of subject merchandise in accordance with the
amended final results of this review. Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of these amended 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 also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies subject to
this review, effective November 12, 2024, the date of publication of
the Final Results in the Federal Register. For all non-selected
companies, CBP will continue to collect cash deposits of estimated
countervailing duties at the most recent company-specific or all-others
rate applicable to the company, as appropriate. These cash deposits,
when imposed, shall remain in effect until further notice.
[[Page 102109]]
Administrative Protective Order
This notice also serves as a final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these amended final results of the
review in accordance with sections 751(h) and 777(i)(1) of the Act, and
19 CFR 351.224(e).
Dated: December 10, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Non-Selected Companies Under Review
1. Alcha International Holdings Limited
2. Baotou Alcha Aluminum Co., Ltd.
3. Gr[auml]nges Aluminum (Shanghai) Co., Ltd.
4. Guangxi Baise Xinghe Aluminum Industry Co., Ltd.
5. Hunan Suntown Marketing Limited
6. Jiangyin Dolphin Pack Ltd. Co.
7. Luoyang Longding Aluminium Industries Co., Ltd.
8. Shandong Yuanrui Metal Material Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd.
11. Shanghai Shenyan Packaging Materials Co., Ltd.
12. SNTO International Trade Limited
13. Suntown Technology Group Corporation Limited
14. Xiamen Xiashun Aluminium Foil Co. Ltd.
15. Yangtai Jintai International Trade Co., Ltd.
16. Yantai Donghai Aluminum Co., Ltd.
17. Yinbang Clad Material Co., Ltd.
18. Zhejiang Zhongjin Aluminum Industry Co., Ltd.
[FR Doc. 2024-29600 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-DS-P