[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76734-76736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24599]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain companies under review sold certain aluminum foil (aluminum 
foil) from the People's Republic of China (China) at less than normal 
value during the period of review (POR) April 1, 2021, through March 
31, 2022.

DATES: Applicable November 7, 2023.

FOR FURTHER INFORMATION CONTACT: 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: (202) 482-4475.

SUPPLEMENTARY INFORMATION: 

Background

    On May 5, 2023, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On August 28, 2023, we 
extended the deadline for these final results until November 1, 
2023.\2\ For a full summary of the events that occurred since Commerce 
published the Preliminary Results, see the Issues and Decision 
Memorandum.\3\ Commerce conducted this review in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative 
Review, Partial Rescission of Antidumping Administrative Review, and 
Preliminary Determination of No Shipments; 2021-2022, 88 FR 29092 
(May 5, 2023) (Preliminary Results) and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
2021-2022 Antidumping Duty Administrative Review,'' dated August 28, 
2023.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2021-2022 Antidumping 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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Scope of the Order <SUP>4</SUP>
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    \4\ 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 the Order is certain aluminum foil from 
China. For a complete description of the scope of the Order, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are addressed in 
the Issues and Decision Memorandum and are listed in the appendix to 
this notice.\5\ 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 found at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \5\ See appendix.
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Changes From the Preliminary Results

    Based on our analysis of the comments received from interested 
parties, we made certain changes to the margin calculations for Jiangsu 
Dingsheng New Materials Joint-Stock Co., Ltd.; Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium 
Industries (Hong Kong) Trading Co., Ltd.); Hangzhou Dingsheng Import & 
Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co., Ltd.); 
Hangzhou Five Star Aluminium Co., Ltd.; Hangzhou Teemful Aluminium Co., 
Ltd.; Inner Mongolia Liansheng New Energy Material Co., Ltd.; and Inner 
Mongolia Xinxing New Energy Material Co., Ltd. (collectively, 
Dingsheng).\6\ For a discussion of these changes, see the Issues and 
Decision Memorandum.
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    \6\ In the Preliminary Results we inadvertently omitted 
identifying Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. as 
part of the Dingsheng entity, which we have corrected for these 
final results. See Preliminary Results, 88 FR at 29092-93.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Shanghai Shenyan Packaging Materials Joint-Stock Co., Ltd. (Shanghai 
Shenyan) had no shipments of subject merchandise during the POR. We 
received no information to contradict this determination.\7\ Therefore, 
we continue to find that Shanghai Shenyan had no shipments of subject 
merchandise during the POR and will issue appropriate liquidation 
instructions that are consistent with our ``automatic assessment'' 
clarification for these final results.\8\
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    \7\ Id., 88 FR at 29093.
    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rates

    In the Preliminary Results, we determined that the Dingsheng single 
entity \9\ was eligible for a separate rate,

[[Page 76735]]

and that Shanghai Huafon Aluminum Corporation (Shanghai Huafon) is 
ineligible for a separate rate because it did not file a response to 
our antidumping duty questionnaire.\10\ No interested parties submitted 
comments on Commerce's preliminary separate-rate determinations. For 
these final results, we continue to determine that the Dingsheng single 
entity is eligible for a separate rate, and that Shanghai Huafon is 
ineligible for a separate rate.
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    \9\ Consistent with a prior segment of this proceeding, we have 
continued to find that Jiangsu Dingsheng New Materials Joint-Stock 
Co., Ltd.; Dingsheng Aluminium Industries (Hong Kong) Trading Co., 
Limited (Dingsheng Aluminium Industries (Hong Kong) Trading Co., 
Ltd.); Hangzhou Dingsheng Import&Export Co., Ltd. (Hangzhou 
Dingsheng Import and Export Co., Ltd.); Hangzhou Five Star Aluminium 
Co., Ltd.; Hangzhou Teemful Aluminium Co., Ltd.; Inner Mongolia 
Liansheng New Energy Material Co.; and Inner Mongolia Xinxing New 
Energy Material Co., Ltd. are affiliated entities, pursuant to 
sections 771(33)(E), (F), and (G) of the Act, and that they should 
be treated as a single entity pursuant to 19 CFR 351.401(f)(1)-(2). 
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 and Accompanying Preliminary Decision Memorandum, 82 
FR 50858 (November 2, 2017), and accompanying PDM 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).
    \10\ See Preliminary Results, 88 FR at 29093; see also 
Preliminary Results PDM at 6-9.
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The China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the China-wide entity.\11\ Because no party 
requested a review of the China-wide entity, and Commerce did not self-
initiate a review of the entity, the China-wide entity is not under 
review, and the weighted-average dumping margin for the China-wide 
entity (i.e., 105.80 percent) is not subject to change.\12\ Because 
Shanghai Huafon did not demonstrate its eligibility for a separate 
rate, we determine Shanghai Huafon to be part of the China-wide entity.
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    \11\ 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, 65969-70 (November 
4, 2013).
    \12\ See Order, 84 FR at 2814.
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Final Results of Administrative Review

    We determine that the following estimated weighted-average dumping 
margins exist for the period April 1, 2021, through March 31, 2022:

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                          (percent)
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Jiangsu Dingsheng New Materials Joint-Stock Co.,                  32.81
 Ltd.; Dingsheng Aluminium Industries (Hong Kong)
 Trading Co., Limited (Dingsheng Aluminium
 Industries (Hong Kong) Trading Co., Ltd.)/Hangzhou
 Dingsheng Import & Export Co., Ltd. (Hangzhou
 Dingsheng Import and Export Co., Ltd.)/Hangzhou
 Five Star Aluminium Co., Ltd./Hangzhou Teemful
 Aluminium Co., Ltd./Inner Mongolia Liansheng New
 Energy Material Co., Ltd./Inner Mongolia Xinxing
 New Energy Material Co., Ltd......................
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Disclosure

    Pursuant to 19 CFR 351.224(b), we intend to disclose to parties in 
this proceeding the calculations performed for Dingsheng within five 
days of the publication of this notice in the Federal Register.

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). We intend to issue assessment instructions to CBP no 
earlier than 35 days after the date of publication of these final 
results 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).
    Where Dingsheng reported reliable entered values, we calculated 
importer- (or customer-) specific ad valorem rates by aggregating the 
dumping margins calculated for all U.S. sales to each importer (or 
customer) and dividing this amount by the total entered value of the 
sales to each importer (or customer).\13\ Where Commerce calculated a 
weighted-average dumping margin by dividing the total amount of dumping 
for reviewed sales to that party by the total sales quantity associated 
with those transactions, Commerce will direct CBP to assess importer- 
(or customer-) specific assessment rates based on the resulting per-
unit rates.\14\ Where an importer- (or customer-) specific ad valorem 
or per-unit rate is greater than de minimis (i.e., 0.50 percent), 
Commerce will instruct CBP to collect the appropriate duties at the 
time of liquidation.\15\ Where an importer- (or customer-) specific ad 
valorem or per-unit rate is zero or de minimis, Commerce will instruct 
CBP to liquidate appropriate entries without regard to antidumping 
duties.\16\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ Id.
    \15\ Id.
    \16\ See 19 CFR 351.106(c)(2).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 subject merchandise exported 
by the companies listed above that have separate rates, the cash 
deposit rate will be the rate established in these final results of 
review for each exporter as listed above; (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the existing 
exporter-specific rate; (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 that for the China-wide entity; and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Reimbursement of Duties

    This notice also serves as the final reminder to importers of their 
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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing

[[Page 76736]]

duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of the countervailing duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
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, 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 final results of review are issued and published in 
accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(5).

    Dated: November 1, 2023.
Lisa W. Wang,
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 to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of Surrogate Country
    Comment 2: Surrogate Financial Ratios
    Comment 3: Double Remedies Adjustment
    Comment 4: Differential Pricing
VI. Recommendation

[FR Doc. 2023-24599 Filed 11-6-23; 8:45 am]
BILLING CODE 3510-DS-P