67728 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Notices 

1See 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); see also 

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); and Certain Aluminum Foil from the 

People’s Republic of China: Notice of Court 

Decision Not in Harmony With the Amended Final 

Determination in the Countervailing Duty 

Investigation, and Notice of Amended Final 

Determination and Amended Countervailing Duty 

Order, 85 FR 47730 (August 6, 2020) (collectively, 

the Orders). 

2See Aluminum Foil from China; Institution of 

Five-Year Reviews, 88 FR 12990 (March 1, 2023). 

3See Initiation of Five-Year (Sunset) Reviews, 88 

FR 12915 (March 1, 2023). 

4See Certain Aluminum Foil from the People’s 

Republic of China: Final Results of the Expedited 

First Sunset Review of the Antidumping Duty Order, 

88 FR 42292 (June 30, 2023), and accompanying 

Issues and Decision Memorandum (IDM); see also 

Certain Aluminum Foil from the People’s Republic 

of China: Final Results of the Expedited First Sunset 

Review of the Countervailing Duty Order, 88 FR 

42884 (June 28, 2023), and accompanying IDM. 

5See Aluminum Foil from China; Determinations, 

88 FR 65405 (September 22, 2023) (ITC Final 

Determination). 6See ITC Final Determination. 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053, C–570–054] 

Certain Aluminum Foil From the 

People’s Republic of China: 

Continuation of Antidumping and 

Countervailing Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of the 

determinations by the U.S. Department 

of Commerce (Commerce) and the U.S. 

International Trade Commission (ITC) 

that revocation of the antidumping duty 

(AD) and countervailing duty (CVD) 

orders on certain aluminum foil 

(aluminum foil) from the People’s 

Republic of China (China) would likely 

lead to the continuation or recurrence of 

dumping and countervailable subsidies, 

and material injury to an industry in the 

United States, Commerce is publishing 

a notice of continuation of these AD and 

CVD orders. 

DATES: Applicable September 22, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Harrison Tanchuck or Erin Kearney, 

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) 482–7421, or 

(202) 482–0167, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 19, 2018, Commerce 

published in the Federal Register the 

AD and CVD orders on aluminum foil 

from China.1 On March 1, 2023, the ITC 

instituted,2 and Commerce initiated,3

the first sunset review of the Orders, 

pursuant to section 751(c) of the Tariff 

Act of 1930, as amended (the Act). As 

a result of its reviews, Commerce 

determined that revocation of the 

Orders would likely lead to the 

continuation or recurrence of dumping 

and countervailable subsidies, and 

therefore, notified the ITC of the 

magnitude of the margins of dumping 

and subsidy rates likely to prevail 

should the Orders be revoked.4

On September 22, 2023, the ITC 

published its determination, pursuant to 

sections 751(c) and 752(a) of the Act, 

that revocation of the Orders would 

likely lead to continuation or recurrence 

of material injury to an industry in the 

United States within a reasonably 

foreseeable time.5

Scope of the Orders 

The merchandise covered by these 

Orders 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, including 

aluminum foil to which lubricant has 

been applied to one or both sides of the 

foil. 

Excluded from the scope of these 

Orders is aluminum foil that is backed 

with paper, paperboard, plastics, or 

similar backing materials on one side or 

both sides 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 

under the Orders 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 these Orders 

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 these Orders is dispositive. 

Continuation of the Orders 

As a result of the determinations by 

Commerce and the ITC that revocation 

of the Orders would likely lead to 

continuation or recurrence of dumping 

and countervailable subsidies, and 

material injury to an industry in the 

United States, pursuant to section 

751(d)(2) of the Act, Commerce hereby 

orders the continuation of the Orders. 

U.S. Customs and Border Protection will 

continue to collect AD and CVD cash 

deposits at the rates in effect at the time 

of entry for all imports of subject 

merchandise. 

The effective date of the continuation 

of the Orders will be September 22, 

2023.6 Pursuant to section 751(c)(2) of 

the Act and 19 CFR 351.218(c)(2), 

Commerce intends to initiate the next 

five-year reviews of the Orders not later 

than 30 days prior to fifth anniversary 

of the date of the last determination by 

the ITC. 

Administrative Protective Order (APO) 

This notice also serves as a final 

reminder to parties subject to an 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 

These five-year (sunset) reviews and 

this notice are in accordance with 

sections 751(c) and 751(d)(2) of the Act 

and published in accordance with 

section 777(i) of the Act, and 19 CFR 

351.218(f)(4). 

Dated: September 26, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2023–21653 Filed 9–29–23; 8:45 am] 

BILLING CODE 3510–DS–P 


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