[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Notices]
[Pages 11499-11501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03838]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; Final Determination 
of No Shipments; 2017-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) has analyzed the case 
and rebuttal briefs submitted by interested parties and 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.

DATES: Applicable February 25, 2021.

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: at (202) 482-
1979 or (202) 482-4475, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of the administrative 
review of the antidumping duty order on June 24, 2020.\1\ 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),\2\ and (2) Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiashun). 
The administrative review also covers ten other companies that were not 
selected for individual examination.
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    \1\ See 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, 85 FR 37829 (June 24, 2020) (Preliminary 
Results), and accompanying Preliminary Decision Memorandum.
    \2\ 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.
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    On July 21, 2020, Commerce tolled all deadlines for administrative 
reviews by 60 days.\3\ On December 15, 2020, Commerce extended the 
deadline for the final results of this administrative review by 60 
days.\4\ The deadline for the final results of this review is now 
February 19, 2021. For a complete description of the events that 
occurred since the Preliminary Results, see the Issues and Decision 
Memorandum.\5\
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    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \4\ See Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 15, 2020.
    \5\ 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; 2017-
2019,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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    \6\ 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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    The merchandise covered by this administrative review is aluminum 
foil from China. For a full description of the scope, see the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we 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 http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/index.html. The signed and the 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

Final Determination of No Shipments

    In the Preliminary Results, we found no evidence calling into 
question the no-shipment claims of Jiangsu Dingsheng New Materials 
Joint-Stock Co., Ltd. No parties commented on this preliminary 
decision. For the final results of this review, we continue to find 
that Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. had no 
shipments of subject merchandise to the United States during the POR.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties, Commerce has made two changes to the Preliminary 
Results. First, for Zhongji, we have revised our calculation of ash/
dross to account for the metal content of the ash/dross. Second, we 
have revised our calculation of an adverse inference with regard to 
Xiashun. For a more detailed discussion of these changes, see the Final 
Analysis Memoranda for Zhongji and Xiashun.\7\
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    \7\ See Memorandum, ``Final Analysis Memorandum for Zhongji,'' 
dated concurrently with this memorandum; see also Memorandum, 
``Final Analysis Memorandum for Xiashun,'' dated concurrently with 
this memorandum.
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Separate Rate

    In the Preliminary Results, we found that information placed on the 
record by Zhongji; 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

[[Page 11500]]

Co.; SNTO International Trade Limited; and Suzhou Manakin Aluminum 
Processing Technology Co., Ltd. demonstrates that these entities are 
entitled to separate rate status.\8\ We received no comments or 
arguments since the issuance of the Preliminary Results that provide a 
basis for reconsideration of these determinations. Therefore, for these 
final results, we continue to find that the companies listed in the 
table for the ``final results of the review'' section of this notice 
are eligible for a separate rate. For a more detailed discussion of 
this issue, see Issues and Decision Memorandum.
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    \8\ See Preliminary Results and accompanying Preliminary 
Decision Memorandum at 7-10.
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Final Results of the Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period November 2, 2017, through March 31, 2019:

------------------------------------------------------------------------
                                                            Weighted-
                       Exporter                          average margin
                                                            (percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./               23.62
 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.................             47.57
Alcha International Holdings Limited..................             35.60
Dingsheng Aluminum Industries Hong Kong Trading Co....             35.60
Granges Aluminum (Shanghai) Co., Ltd..................             35.60
Hangzhou Dingsheng Import & Export Co., Ltd...........             35.60
Hunan Suntown Marketing Limited.......................             35.60
Jiangsu Alcha Aluminum Co., Ltd.......................             35.60
Shanghai Shenyan Packaging Materials Co...............             35.60
SNTO International Trade Limited......................             35.60
Suzhou Manakin Aluminum Processing Technology Co., Ltd             35.60
------------------------------------------------------------------------

    For the respondents which are eligible for a separate rate, but 
were not selected for individual examination in this administrative 
review, we have assigned a margin based on the average of the weighted 
average dumping margins calculated for Zhongji and Xiashun, consistent 
with section 735(c)(3)(A) of the Act.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\9\ 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.\10\
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    \9\ 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).
    \10\ See Order, 83 FR at 17363.
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Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b). In accordance with 19 CFR 351.212(b)(1), we have 
calculated importer-specific assessment rates for merchandise subject 
to this review. We calculated importer (or customer)-specific 
assessment rates for merchandise subject to this review on a per-unit 
(i.e., per-kilogram) basis. Specifically, we calculated a per-unit 
assessment rate by aggregating the antidumping duties due for all U.S. 
sales to that importer (or customer) and divided this amount by the 
total quantity sold to that importer (or customer) during the POR. To 
determine whether the duty assessment rates are de minimis, in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
calculate importer- (or customer-) specific ad valorem ratios based on 
the estimated entered value. If an importer (or customer)-specific 
assessment rate is de minimis (i.e., less than 0.50 percent), Commerce 
will instruct CBP to liquidate that importer's (or customer's) entries 
of subject merchandise without regard to antidumping duties.
    Consistent with its recent notice,\11\ 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).
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    \11\ 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).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 Xiashun and 
Zhongji and for each of the 10 companies identified above as eligible 
for a separate rate, the cash deposit rate will be equal to the 
weighted-average dumping margin established in the final results of 
this review; (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 completed segment of the most recent 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 final reminder to importers of their

[[Page 11501]]

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 has occurred and the subsequent assessment of 
double antidumping duties.

Administrative Protective Orders

    This notice also serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 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

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.221(b)(5) and 19 CFR 351.213(h)(1).

    Dated: February 19, 2021.
Christian Marsh,
Acting 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 the Issues
    Comment 1: Proper Sources for Certain Zhongji Surrogate Values
    Comment 2: Allocation of Factory Overhead Expenses
    Comment 3: Modification of Liquidation Instructions for Certain 
Zhongji Sales
    Comment 4: Zhongji Double Remedies Adjustment
    Comment 5: Application of an Adverse Inference to Xiashun for 14 
Non-Metal Inputs
    Comment 6: Xiashun Run-Around Scrap
    Comment 7: Xiashun Market Economy Inputs
    Comment 8: Separate Rate Assigned to Non-Examined Companies
VI. Recommendation

[FR Doc. 2021-03838 Filed 2-24-21; 8:45 am]
BILLING CODE 3510-DS-P