[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37829-37831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13640]
[[Page 37829]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-053]
Certain Aluminum Foil From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review,
Preliminary Determination of No Shipments, and Partial Rescission;
2017-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
exporters of certain aluminum foil (aluminum foil) from the People's
Republic of China (China) sold subject merchandise in the United States
at prices below normal value during the period of review (POR) November
2, 2017 through March 31, 2019. We invite all interested parties to
comment on these preliminary results.
DATES: Applicable June 24, 2020.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich or 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-
1979, or (202) 482-4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 13, 2019, Commerce initiated an administrative review of
the antidumping duty order on aluminum foil from China,\1\ in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act).\2\ The administrative review covers two mandatory
respondents: (1) 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. (collectively, Zhongji),\3\ and (2) Xiamen Xiashun Aluminum
Foil Co., Ltd. (Xiamen Xiashun). The administrative review also covers
10 other companies that were not selected for individual examination.
For details regarding the events that occurred subsequent to the
initiation of the review, see the Preliminary Decision Memorandum.\4\
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\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, 84 FR 27587 (June 13, 2019) (Initiation
Notice).
\3\ In the less-than-fair-value (LTFV) investigation, we
collapsed 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. as a single entity. 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
(November 2, 2017), and accompanying Preliminary Decision Memorandum
at 16-18, unchanged in Certain Aluminum Foil From the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 83 FR 9282 (March 5, 2018). 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.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review of Certain
Aluminum Foil from the People's Republic of China; 2018-2019,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Pursuant to section 751(a)(3)(A) of the Act, Commerce determined
that it was not practicable to complete the preliminary results of this
review within the 245 days and postponed the preliminary results by 120
days.\5\ On April 24, 2020, Commerce tolled all deadlines in
administrative reviews by 50 days, thereby extending the deadline for
these results until June 18, 2020.\6\
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\5\ See Memorandum, ``Aluminum Foil from the People's Republic
of China: Extension of Time Limit Deadline for Preliminary Results
of Antidumping Duty Administrative Review,'' dated December 18,
2019; see also Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Time Limit Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated March 13,
2020.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The merchandise covered by this administrative review is aluminum
foil from China. For a complete description of the scope of the Order,
see the Preliminary Decision Memorandum.\7\
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\7\ See Preliminary Decision Memorandum at 4.
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Act. We calculated export prices in accordance with
section 772 of the Act. Because China is a non-market economy (NME)
within the meaning of section 771(18) of the Act, normal value has been
calculated in accordance with section 773(c) of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. A list of the
topics included in the Preliminary Decision Memorandum is included at
the Appendix to this notice. The Preliminary Decision Memorandum is a
public document and is made available to the public 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 is available at http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content.
Separate Rates
Commerce preliminarily determines that information placed on the
record by Zhongji; Xiamen Xiashun; Alcha International Holdings
Limited; Dingsheng Aluminum Industries Hong Kong Trading Co.; Granges
Aluminum (Shanghai) Co., Ltd; Hangzhou Dingsheng Import & Export Co.,
Ltd.; Hunan Suntown Marketing Limited; Jiangsu Alcha Aluminum Co.,
Ltd.; Shanghai Shenyan Packaging Materials Co.; SNTO International
Trade Limited; and Suzhou Manakin Aluminum Processing Technology Co.,
Ltd. demonstrates that these entities are entitled to separate rate
status.\8\ For additional information, see the Preliminary Decision
Memorandum.
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\8\ See Preliminary Decision Memorandum at 6-9.
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Preliminary Determination of No Shipments
One company that received a separate rate in previous segments of
this proceeding and is subject to this review reported that it did not
have any exports of subject merchandise during the POR.\9\ To date, we
have not received any contrary information from either U.S. Customs and
Border Protection (CBP) in response to our inquiry or any other sources
that this company had any shipments of the subject merchandise sold to
the United States during the POR.\10\ Further, consistent with our
practice in NME cases, we find that it is not appropriate to rescind
the review with respect to this company but, rather, to complete the
review and issue
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appropriate instructions to CBP based on the final results of
review.\11\
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\9\ See Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.'s
Letter, ``No Shipment Letter for Jiangsu Dingsheng in the
Administrative Review of the Antidumping Duty Order on Aluminum Foil
from the People's Republic of China,'' dated July 12, 2019.
\10\ See Memorandum, ``No Shipment Inquiry with Respect to the
Companies Below During the Period 11/02/2017 through 03/31/2019,''
dated May 28, 2020.
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).
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China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\12\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
this review, the entity is not under review and the entity's rate
(i.e., 105.80 percent) is not subject to change.\13\
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\12\ 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).
\13\ See Order, 83 FR at 17363.
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Partial Rescission of Review
Section 351.213(d)(1) of Commerce's regulations provides that
Commerce will rescind an administrative review, in whole or in part, if
the party that requested the review withdraws its request for review
within 90 days of the date of publication of the notice of initiation
of the requested review. Commerce published the initiation of this
administrative review on June 13, 2019.\14\
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\14\ See Initiation Notice.
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On September 11, 2019, the Aluminum Association Trade Enforcement
Working Group and its individual members \15\ withdrew its review
request for the following companies: (1) Alcha International Holdings
Limited; (2) Baotou Alcha Aluminum Co., Ltd.; (3) Guangxi Baise Xinghe
Aluminum Industry Co., Ltd.; (4) Hangzhou Five Star Aluminum Co., Ltd.;
(5) Hangzhou Teemful Aluminum Co., Ltd.; (6) Huafon Nikkei Aluminum
Co., Ltd.; (7) Jiangsu Alcha Aluminum Corporation; (8) Jiangsu Dolphin
Pack Co.; (9) Luoyang Longding Aluminum Industries Co., Ltd.; (10)
Suntown Technology Group Limited; (11) Walson (HK) Trading Co.,
Limited; (12) Yuntai Donghai Aluminum Foil Co., Limited; (13) Yuntai
Jintai International Trade Co., Ltd; (14) Yinbang Clad; and (15)
Zhejiang Zhongjin.\16\ Because the review requests for each of the 15
companies named above have been timely withdrawn and because no other
party has requested a review of these companies, we are rescinding this
review with respect to these 15 companies.
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\15\ The individual members of the Aluminum Association Trade
Enforcement Working Group are: JW Aluminum Company, Novelis
Corporation, and Reynolds Consumer Products LLC.
\16\ See Aluminum Trade Enforcement Working Group's Letter,
``1st Administrative Review of the Antidumping Duty Order on Certain
Aluminum Foil from the People's Republic of China--Petitioner's
Partial Withdrawal of Review Requests,'' dated September 11, 2019.
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Adjustments for Export Subsidies
Commerce has preliminarily adjusted Zhongji's and Xiamen Xiashun's
U.S. prices for export subsidies, pursuant to section 772(c)(1)(C) of
the Act.
Preliminary Results of the Review
Commerce preliminarily determines that the following weighted-
average dumping margins exist for the period November 2, 2017 through
March 31, 2019:
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Weighted-average
Exporter margin (percent)
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Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./ 0.00
Jiangsu Zhongji Lamination Materials Stock Co., Ltd./
Jiangsu Zhongji Lamination Materials Co., Ltd./
Jiangsu Huafeng Aluminum Industry Co., Ltd..........
Xiamen Xiashun Aluminum Foil Co., Ltd................ 106.21
Alcha International Holdings Limited................. 106.21
Dingsheng Aluminum Industries Hong Kong Trading Co... 106.21
Granges Aluminum (Shanghai) Co., Ltd................. 106.21
Hangzhou Dingsheng Import & Export Co., Ltd.......... 106.21
Hunan Suntown Marketing Limited...................... 106.21
Jiangsu Alcha Aluminum Co., Ltd...................... 106.21
Shanghai Shenyan Packaging Materials Co.............. 106.21
SNTO International Trade Limited..................... 106.21
Manakin Aluminum Processing Technology Co., Ltd...... 106.21
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For the respondents which are eligible for a separate rate, but not
selected for individual examination in this administrative review, we
have assigned a margin based on the weighted-average dumping margin
calculated for Xiamen Xiashun, the only mandatory respondent with a
margin that is not zero, de minimis, or based entirely on adverse facts
available, consistent with section 735(c)(3)(A) of the Act.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to the parties within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, the content of which is limited to issues
raised in the case briefs, may be filed no later than seven days after
the date for filing case briefs.\17\ Parties who submit case briefs or
rebuttal briefs in this proceeding are encouraged to submit with each
argument: (1) A statement of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.\18\ Case and rebuttal briefs
should be filed using ACCESS \19\ and must be served on interested
parties.\20\ Executive summaries should be limited to five pages total,
including footnotes. Note that Commerce has modified certain of its
requirements for serving documents containing business proprietary
information, until July 17, 2020, unless extended.\21\
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\17\ See 19 CFR 351.309(d).
\18\ See 19 CFR 351.309(c)(2) and (d)(2).
\19\ See generally 19 CFR 351.303.
\20\ See 19 CFR 351.303(f).
\21\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
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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. An electronically filed document must be received successfully
in its entirety by 5:00 p.m. Eastern Time within 30 days after the date
of publication of this notice. Requests should contain: (1) The party's
name, address, and telephone number; (2) the number of participants;
(3) whether any
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participant is a foreign national; and (4) a list of issues parties
intend to discuss. Issues raised in the hearing will be limited to
those raised in the respective case and rebuttal briefs.\22\ If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\23\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
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\22\ See 19 CFR 351.310(c).
\23\ See 19 CFR 351.310(d).
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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, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce shall determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review. If Zhongji's or Xiamen Xiashun's weighted-average
dumping margin is not zero or de minimis (i.e., less than 0.50 percent)
in the final results of this review, Commerce will calculate importer-
specific assessment rates, in accordance with 19 CFR 351.212(b)(1).\24\
For Zhongji and Xiamen Xiashun, Commerce intends to calculate an
importer-specific per-unit assessment rate by dividing the amount of
dumping for reviewed sales to the importer by the total sales quantity
associated with those transactions. We will instruct CBP to assess
antidumping duties on all appropriate entries covered by this review
when the importer-specific assessment rate calculated in the final
results of this review is not zero or de minimis. If Zhongji's or
Xiamen Xiashun's weighted-average dumping margin is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. 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
this review where applicable.
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\24\ See Antidumping Proceedings: Calculation of the Weighted
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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For entries that were not reported in the U.S. sales data submitted
by companies individually examined during this review, Commerce will
instruct CBP to liquidate such entries at the rate for the China-wide
entity.\25\ Additionally, if Commerce determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number (i.e., at that
exporter's cash deposit rate) will be liquidated at the rate for the
China-wide entity.\26\ We intend to issue instructions to CBP 15 days
after the publication date of the final results of this review.
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\25\ See Non-Market Economy Antidumping Proceedings, 76 FR at
65694-95.
\26\ Id.
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Cash Deposit Requirements
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
finals results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Zhongji or
Xiamen Xiashun will be the rate established in the final results of
this review (except, if the ad valorem rate is de minimis, then the
cash deposit rate will be zero); (2) for previously investigated or
reviewed Chinese and non-Chinese exporters not listed above that have
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
cash deposit rate published for the most recently completed period; (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
the rate for the China-wide entity; and (4) for all non-Chinese
exporters of subject merchandise which have not received their own
separate 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 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 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 duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
This administrative review and notice are issued and published 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: June 17, 2020.
Jeffrey I. Kessler,
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. Preliminary Determination of No Shipments
V. Rescission of Review, In Part
VI. Discussion of the Methodology
VII. Recommendation
[FR Doc. 2020-13640 Filed 6-23-20; 8:45 am]
BILLING CODE 3510-DS-P