[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Notices]
[Pages 38861-38863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13971]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Results of the Countervailing Duty Administrative Review 
and Rescission of Review, in Part; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that countervailable subsidies are being provided to producers and 
exporters of certain aluminum foil (aluminum foil) from the People's 
Republic of China (China). The period of review is August 14, 2017 
through December 31, 2018.

DATES: Applicable June 29, 2020.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, Tyler Weinhold or John 
McGowan, 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-
3813, (202) 482-1121 or (202) 482-3019, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 13, 2019, Commerce published a notice of initiation of an 
administrative review of the countervailing duty (CVD) order \1\ on 
aluminum foil from China.\2\ On July 15, 2019, Commerce published a 
correction of the original Initiation Notice to list the correct period 
of review (POR).\3\ Pursuant to the Corrected Initiation Notice, the 
correct POR is August 14, 2017 through December 31, 2018.\4\ On 
December 2, 2020, Commerce fully extended the preliminary results 
deadline until April 29, 2020.\5\ On April 24, 2020, Commerce tolled 
all deadlines in administrative reviews by 50 days, thereby further 
extending the deadline for these results until June 18, 2020.\6\
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 27587 (June 13, 2019) (Initiation 
Notice).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739 (July 15, 2019) (Corrected 
Initiation Notice).
    \4\ See Corrected Initiation Notice, 84 FR at 33753.
    \5\ See Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 08/14/2017--12/31/2018,'' 
dated December 2, 2019.
    \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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    Based on timely requests for withdrawal of administrative review, 
Commerce intends to partially rescind the administrative review of 14 
entities.\7\ Therefore, concurrently with these preliminary results, we 
are rescinding the review with respect to these companies.
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    \7\ See Shandong Yuanrui's Letter, ``Withdrawal of Review 
Request and Withdrawal as Counsel in the Administrative Review of 
the Countervailing Duty Order on Aluminum Foil from the People's 
Republic of China (C-570-054),'' dated June 24, 2019; Petitioner' 
Letter, ``First Administrative Review of Countervailing Duty Order 
on Certain Aluminum Foil from the People's Republic of China--
Petitioners' Withdrawal of Certain Requests for Administrative 
Reviews,'' dated July 15, 2019; and Petitioner's Letter, ``1st 
Administrative Review of the Countervailing Duty Order on Certain 
Aluminum Foil from the People's Republic of China--Petitioners' 
Partial Withdrawal of Review Requests,'' dated September 11, 2019.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\8\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included at the Appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
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    \8\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Countervailing Duty Administrative Review of Certain 
Aluminum Foil from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The product covered by the Order is aluminum foil from China. For a 
complete description of the scope of the Order, see Appendix I.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each 
of the subsidy programs found countervailable, we preliminarily 
determine that there is a subsidy, i.e., a government-provided 
financial contribution that gives rise to a benefit to the recipient, 
and that the subsidy is specific.\9\ For a full description of the 
methodology underlying our conclusions, see the accompanying 
Preliminary Decision Memorandum.
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    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of China 
did not act to the best of its ability to respond to Commerce's 
requests for information, it drew an adverse inference where 
appropriate in selecting from among the facts otherwise available. For 
further information, see ``Use of Facts Otherwise Available and Adverse 
Inferences'' in the Preliminary Decision Memorandum.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraw the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above, all requests for administrative review were timely 
withdrawn for certain companies. Therefore, in accordance with 19 CFR 
351.213(d)(1), we are rescinding this administrative review with 
respect to: Alcha International Holdings Limited; Baotou Alcha Aluminum 
Co., Ltd.; Granges Aluminum (Shanghai) Co., Ltd.; Guangxi Baise Xinghe 
Aluminum Industry Co., Ltd.; Huafon Nikkei Aluminium Corporation; 
Jiangsu Alcha Aluminum Co., Ltd.; Jiangyin Dolphin

[[Page 38862]]

Pack Ltd. Co.; Luoyang Longding Aluminium Industries Co., Ltd.; 
Shandong Yuanrui Metal Material Co., Ltd.; Suntown Technology Group 
Limited; Yantai Donghai Aluminum Foil Co., Ltd.; Yantai Jintai 
International Trade Co., Ltd.; Yinbang Clad Material Co., Ltd.; and 
Zhejiang Zhongjin Aluminum Industry Co., Ltd.

Preliminary Results

    Commerce preliminarily determines that, during the POR, the 
following estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                          Subsidy rate--  Subsidy rate--
                                          2017  (percent  2018  (percent
                 Company                    ad valorem)     ad valorem)
 
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Jiangsu Zhongji Lamination Materials               45.31           48.26
 Co., Ltd \10\..........................
Xiamen Xiashun Aluminum Foil Co., Ltd...           17.04           19.87
Dingsheng Aluminum Industries (Hong                31.55           41.82
 Kong) Trading Co. Ltd \11\ *...........
Hunan Suntown Marketing Limited *.......           31.55           41.82
Inner Mongolia Liansheng New Energy                31.55           41.82
 Material Joint-Stock Co., Ltd *........
Shanghai Shenyan Packaging Materials               31.55           41.82
 Co., Ltd *.............................
SNTO International Trade Limited *......           31.55           41.82
Suzhou Manakin Aluminum Processing                 31.55           41.82
 Technology Co., Ltd \12\ *.............
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\10\ As discussed in the Preliminary Decision Memorandum, Commerce has
  found the following companies to be cross-owned with Jiangsu Zhongji
  Lamination Materials Co., Ltd.: Jiangsu Zhongji Lamination Materials
  Co., (HK) Ltd. (Zhongji HK); Jiangsu Huafeng Aluminum Industry Co. Ltd
  (Jiangsu Huafeng); Shantou Wanshun Material Stock Co., Ltd. (Shantou
  Wanshun); and Anhui Maximum Aluminum Industries Company Limited (Anhui
  Maximum). The subsidy rates apply to all cross-owned companies.
\11\ We note that in the investigation, Commerce found the following
  companies to be cross-owned with Dingsheng Aluminum Industries (Hong
  Kong) Trading Co., Ltd.: Jiangsu Dingsheng New Materials Joint-Stock
  Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star
  Aluminum Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang
  Longding Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co.,
  Ltd.; Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK)
  Trading Co., Limited. The subsidy rates apply to all cross-owned
  companies.
An ``*'' denotes that the company listed in the table is a non-selected
  company under review.
\12\ We note that in the investigation, Commerce found the following
  company to be cross-owned with Suzhou Manakin Aluminum Processing
  Technology Co., Ltd.: Manakin Industries, LLC. The subsidy rates apply
  to the cross-owned company.

Assessment Rates

    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and Customs and Border 
Protection (CBP) shall assess, countervailing duties on all appropriate 
entries covered by this review. We intend to issue instructions to CBP 
15 days after publication of the final results of this review. Commerce 
intends to issue appropriate assessment instructions directly to CBP 15 
days after publication of this notice.

Cash Deposit Rates

    Pursuant to section 751(a)(1) of the Act, Commerce intends to 
instruct CBP to collect cash deposits of estimated countervailing 
duties in the amount indicated above with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
this review. For all non-reviewed firms, we will instruct CBP to 
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 deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\13\ Interested 
parties may submit written comments (case briefs) within 30 days of 
publication of the preliminary results and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit arguments are requested to 
submit with the argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\15\ Note that 
Commerce has modified certain of its requirements for serving documents 
containing business proprietary information, until July 17, 2020, 
unless extended.\16\
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    \13\ See 19 CFR 224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
    \15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \16\ 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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    Interested parties who wish to request a hearing must do so within 
30 days of publication of these preliminary results by submitting a 
written request to the Assistant Secretary for Enforcement and 
Compliance using Enforcement and Compliance's ACCESS system.\17\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date of the hearing.\18\ Issues addressed during the hearing 
will be limited to those raised in the briefs.\19\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310.
    \19\ See 19 CFR 351.310(c).
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    Parties are reminded that all briefs and hearing requests must be 
filed electronically using ACCESS and received successfully in their 
entirety by 5 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).


[[Page 38863]]


    Dated: June 17, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    The merchandise covered by the Order is aluminum foil having a 
thickness of 0.2 mm or less, in reels exceeding 25 pounds, 
regardless of width. Aluminum foil is made from an aluminum alloy 
that contains more than 92 percent aluminum. Aluminum foil may be 
made to ASTM specification ASTM B479, but can also be made to other 
specifications. Regardless of specification, however, all aluminum 
foil meeting the scope description is included in the scope.
    Excluded from the scope of this Order is aluminum foil that is 
backed with paper, paperboard, plastics, or similar backing 
materials on only one side of the aluminum foil, as well as etched 
capacitor foil and aluminum foil that is cut to shape.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above. The products covered by the Order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 
7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise 
that falls within the scope of the Order may also be entered into 
the United States under HTSUS subheadings 7606.11.3060, 
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 
7606.92.6080. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of the Order is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Input, Land, and 
Electricity Benchmarks
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Disclosure and Public Comment
XII. Recommendation
[FR Doc. 2020-13971 Filed 6-26-20; 8:45 am]
BILLING CODE 3510-DS-P