Certain Aluminum Foil From the People's Republic of China: Final Results of the Countervailing Duty Administrative Review; 2017-2018
| Published date | 02 March 2021 |
| Citation | 86 FR 12171 |
| Record Number | 2021-04270 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 39 (Tuesday, March 2, 2021)
[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Notices]
[Pages 12171-12172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04270]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-054]
Certain Aluminum Foil From the People's Republic of China: Final
Results of the Countervailing Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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) during the period of review (POR) August 14, 2017,
through December 31, 2018.
DATES: Applicable March 2, 2021.
FOR FURTHER INFORMATION CONTACT: John McGowan or Tyler Weinhold, 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) 482-3019 or (202) 482-1121,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review in the Federal Register on June 29, 2020.\1\ We invited
interested parties to comment on the Preliminary Results. On August 10,
2020, we received timely filed case briefs from the following
interested parties: Jiangsu Zhongji Lamination Materials Co., Ltd.
(Zhongji); Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiamen); the
Government of China (GOC); and the Aluminum Association Trade
Enforcement Working Group (the petitioners).\2\ On August 31, 2020, we
received a timely filed rebuttal brief from the petitioners. Further,
we received letters in lieu of case and rebuttal briefs from ProAmpac
\3\ on August 10 and 31, 2020, respectively.
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\1\ See 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, 85 FR 38861
(June 29, 2020) (Preliminary Results), and accompanying Preliminary
Results Memorandum.
\2\ Individual Members of the Aluminum Association Trade
Enforcement Working Group include: JW Aluminum Company, Novelis
Corporation, and Reynolds consumer Products LLC.
\3\ ProAmpac Intermediate, Inc., Ampac Holdings, LLC and Jen-
Coat, Inc., DBA Prolamina (collectively, ProAmpac).
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On July 21, 2020, Commerce tolled the due date for these final
results by 60 days.\4\ On December 16, 2020, Commerce extended the
period for issuing these final results of review by 60 days, until
February 24, 2021.\5\
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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\5\ See Memorandum, ``Certain Aluminum Foil from the People's
Republic of China: Extension of Deadline for Final Results of
Countervailing Duty Administrative Review; 8/14/2017--12/31/2018,''
dated December 16, 2020.
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Scope of the Order
The product covered by the Order is aluminum foil from China.\6\ A
full description of the scope of the Order is contained in the Issues
and Decision Memorandum.\7\
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\6\ See Certain Aluminum Foil from the People's Republic of
China: Amended Final Affirmative Countervailing Duty Determination
and Countervailing Duty Order, 76 FR 17360 (April 19, 2018)
\7\ See Memorandum, ``Decision Memorandum for the Final Results
of the 2017-2018 Countervailing Duty Administrative Review of
Certain Aluminum Foil from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum accompanying this notice. A list of
the issues raised by interested parties, and to which Commerce
responded 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 http://enforcement.trade.gov/frn/. The signed and electronic versions of the
Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on comments received and record evidence, Commerce made
certain changes to the Preliminary Results, correcting certain minor
calculation errors with regard to the respondent companies, Zhongji and
Xiashun. These changes are explained in the Issues and Decision
Memorandum.
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, Commerce continues to
find 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.\8\ For a full description of the methodology
underlying all of Commerce's conclusions, including any determination
that relied upon the use of adverse facts available pursuant to section
776(a) and (b) of the Act, see the Issues and Decision Memorandum.
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\8\ 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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Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), Commerce calculated a
countervailable subsidy rate for mandatory respondents Zhongji and
Xiashun. For the non-selected companies subject to this review,
Commerce followed its practice, which is to base the subsidy rates on a
weighted average of the subsidy rates calculated for those companies
selected for individual examination, excluding rates of zero, de
minimis, or rates determined entirely based on adverse facts
available.\9\ To this end, Commerce calculated a rate by weight
averaging the calculated subsidy rates of Zhongji and Xiashun using
their publicly-available sales data for exports of subject merchandise
to the United States during the POR. Commerce finds the
[[Page 12172]]
countervailable subsidy rates for the producers/exporters under review
to be as follows:
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\9\ See, e.g., Certain Pasta from Italy: Preliminary Results of
the 13th (2008) Countervailing Duty Administrative Review, 75 FR
18806, 18811 (April 13, 2010), unchanged in Certain Pasta from
Italy: Final Results of the 13th (2008) Countervailing Duty
Administrative Review, 75 FR 37386 (June 29, 2010).
\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\ 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.
\12\ In the investigation, Commerce found the following company
to be cross-owned with Suzhou Manakin Aluminum Processing Technology
Co., Ltd.: Manakin Indutries, LLC. The subsidy rates apply to all
cross-owned company.
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Subsidy rate- Subsidy rate-
Company 2017 (percent 2018 (percent
ad valorem) ad valorem)
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Jiangsu Zhongji Lamination Materials 45.22 48.36
Co., Ltd.\10\..........................
Xiamen Xiashun Aluminum Foil Co., Ltd... 17.05 19.88
Dingsheng Aluminum Industries (Hong 31.50 41.90
Kong) Trading Co. Ltd.\11\.............
Hunan Suntown Marketing Limited......... 31.50 41.90
Inner Mongolia Liansheng New Energy 31.50 41.90
Material Joint-Stock Co., Ltd..........
Shanghai Shenyan Packaging Materials 31.50 41.90
Co., Ltd...............................
SNTO International Trade Limited........ 31.50 41.90
Suzhou Manakin Aluminum Processing 31.50 41.90
Technology Co., Ltd.\12\...............
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Disclosure
Commerce will disclose to the parties in this proceeding the
calculations performed for these final results within five days of the
date of publication of this notice in the Federal Register.\13\
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\13\ See 19 CFR 351.224(b).
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Assessment Rates
Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review, for the above-listed companies at the
applicable ad valorem assessment rates listed. Consistent with its
recent notice,\14\ Commerce intends to issue assessment instructions,
including assessment instructions for those companies for which we
rescinded the review,\15\ 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).
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\14\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
\15\ See Preliminary Results.
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Cash Deposit Rates
In accordance with section 751(a)(1) of the Act, Commerce intends
to instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for each of the respective companies listed
above. 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 deposits, when imposed, shall remain in
effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction 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
Commerce is issuing and publishing these final results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 24, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Changes Since The Preliminary Results
V. Scope of the Order
VI. Period of Review
VII. Non-Selected Companies Under Review
VIII. Subsidies Valuation Information
IX. Benchmarks and Interest Rates
X. Use of Facts Otherwise Available and Adverse Inferences
XI. Analysis of Programs
XII. Analysis of Comments
XIII. Recommendation
[FR Doc. 2021-04270 Filed 3-1-21; 8:45 am]
BILLING CODE 3510-DS-P
