[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