[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88957-88959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26168]


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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 Countervailing Duty Administrative; 2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
countervailable subsidies were provided to certain exporters/producers 
of certain aluminum foil (aluminum foil) from the People's Republic of 
China (China) during the period of review (POR) January 1, 2022, 
through December 31, 2022.

DATES: Applicable November 12, 2024.

FOR FURTHER INFORMATION CONTACT: Natasia Harrison or Harrison Tanchuck, 
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) 482-1240 or (202) 
482-7421, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2024, Commerce published the Preliminary Results of this 
administrative review in the Federal Register and invited comments from 
interested parties.\1\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\2\ On July 
26, 2024, Commerce extended the deadline for issuing these final 
results to November 5, 2024.\3\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\4\
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Results of Countervailing Duty Administrative 
Review and Rescission of Review, in Part; 2022, 89 FR 35790 (May 2, 
2024) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ Commerce extended the time period for the final results to 
180 days after the publication date of the Preliminary Results 
(i.e., October 29, 2024). However, because Commerce tolled certain 
deadlines in this administrative review by seven days, the deadline 
is now November 5, 2024. See Memorandum, ``Extension of Deadline for 
Final Results of Countervailing Duty Administrative Review, 2022,'' 
dated July 26, 2024.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Countervailing Duty Administrative Review of 
Certain Aluminum Foil from the People's Republic of China; 2022,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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    \5\ See 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); see 
also 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, Order).
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    The product covered by the scope of the Order is aluminum foil from 
China. A full description of the scope of the Order is contained in the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the interested parties in their case and 
rebuttal briefs are addressed in the Issues and Decision Memorandum. A 
list of topics discussed in the Issues and Decision Memorandum is 
provided in Appendix I 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our analysis of comments from interested parties and the 
evidence on the record, we revised the calculation of the net 
countervailable subsidy rates for Hangzhou Five Star

[[Page 88958]]

Aluminium Co., Ltd. (Five Star) and Jiangsu Zhongji Lamination 
Materials Co., (HK) Limited (Zhongji HK). In addition, we have also 
revised the rate applicable to companies not selected for individual 
review. For a discussion of these changes, see the Issues and Decision 
Memorandum.

Methodology

    Commerce conducted this administrative review in accordance with 
section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). 
For each of the subsidy programs found to be countervailable, we 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.\6\ For a complete description of the 
methodology underlying all of Commerce's conclusions, including our 
reliance, in part, on facts otherwise available, including adverse 
facts available, pursuant to sections 776(a) and (b) of the Act, see 
the Issues and Decision Memorandum.
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    \6\ 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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Companies Not Selected for Individual Review

    The statute and Commerce's regulations do not directly address the 
establishment of rates to be applied to companies not selected for 
individual examination where Commerce limits its examination in an 
administrative review pursuant to section 777A(e)(2) of the Act. 
However, Commerce normally determines the rates for non-selected 
companies in reviews in a manner that is consistent with section 
705(c)(5) of the Act, which provides the basis for calculating the all-
others rate in an investigation. Section 705(c)(5)(A)(i) of the Act 
instructs Commerce, as a general rule, to calculate an all-others rate 
equal to the weighted average of the countervailable subsidy rates 
established for exporters and/or producers individually examined, 
excluding any rates that are zero, de minimis, or based entirely on 
facts available.
    There are 18 companies for which a review was requested and not 
rescinded, and which were not selected as mandatory respondents or 
found to be cross-owned with a mandatory respondent. In this review, 
the preliminary rates calculated for Five Star and Zhongji HK are above 
de minimis and not based entirely on facts available. Therefore, we are 
applying to the non-selected companies the simple average of the net 
subsidy rates calculated for Five Star and Zhongji HK.\7\
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    \7\ With two respondents under examination, Commerce normally 
calculates: (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010).
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Final Results of Review

    We determine the following net countervailable subsidy rates exist 
for the period January 1, 2022, through December 31, 2022:
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    \8\ Commerce finds the following companies to be to be cross-
owned with Five Star: Jiangsu Dingsheng New Materials Joint-Stock 
Co., Ltd. (Jiangsu Dingsheng), Dingsheng Aluminium Industries (Hong 
Kong) Trading Co., Limited or Dingsheng Aluminium Industries (Hong 
Kong) Trading Co., Ltd. (Dingsheng HK), Hangzhou Dingsheng Import & 
Export Co., Ltd. or Hangzhou Dingsheng Import and Export Co., Ltd. 
(Dingsheng IE), Hangzhou Teemful Aluminium Co., Ltd. (Teemful), 
Inner Mongolia Liansheng New Energy Material Co., Ltd. or Inner 
Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd. 
(Liansheng), Inner Mongolia Liansheng New Energy Material Co., Ltd. 
or Inner Mongolia Xinxing New Material Co., Ltd. (Xinxing), Hangzou 
Dingsheng Industrial Group Co., Ltd. (Dingsheng Group), Hangzhou 
Dingcheng Aluminum Co., Ltd. (Dingcheng); Luoyang Longding Aluminium 
Co., Ltd. (Longding); Walson (HK) Trading Co., Limited (Walson HK); 
Dingheng New Materials Co., Ltd. (Dingheng) and Thai Ding Li New 
Materials Co., Ltd. (Ding Li), (collectively, Dingsheng 
Respondents). Longding, Walson HK, Dingheng and Ding Li were listed 
separately in the Initiation Notice. See Dingsheng Respondents' 
Letter, ``Hangzhou Five Star Affiliation Response,'' dated August 
25, 2023 (Dingsheng Respondents AQR) at Exhibit A.1.
    \9\ As discussed in the Preliminary Results, Commerce finds the 
following companies to be to be cross-owned with Zhongji HK: Jiangsu 
Zhongji Lamination Materials Co., Ltd. (Zhongji) (FKA Jiangsu 
Zhongji Lamination Materials Co., Ltd.); Jiangsu Huafeng Aluminium 
Industry Co., Ltd. (Jiangsu Huafeng); Shantou Wanshun New Material 
Group Co., Ltd. (Shantou Wanshun) (FKA Shantou Wanshun Package 
Material Stock Co., Ltd.); Anhui Zhongji Battery Foil Sci&Tech Co., 
Ltd. (Anhui Zhongji) (FKA Anhui Maximum Aluminium Industries Company 
Limited); and Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd. 
(Sichuan Wanshun). Anhui Zhongji, Anhui Maximum Aluminium Industries 
Company Limited, Jiangsu Huafeng, Zhongji, and Shantou Wanshun 
Package Material Stock Co., Ltd. were listed separately in the 
Initiation Notice.
    \10\ This net countervailable ad valorem subsidy rate reflects 
an EVA. See Issues and Decision Memorandum at Comment 3.
    \11\ See Appendix II for a list of the non-selected companies 
under review.
    \12\ The non-selected company rate reflects Five Star's ad 
valorem net countervailable subsidy rate and Zhongji HK's ad valorem 
net countervailable subsidy rate without the EVA. See Issues and 
Decision Memorandum at 4 and Comment 3.

------------------------------------------------------------------------
                                                  Subsidy rate (percent
                    Company                            ad valorem)
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Hangzhou Five Star Aluminium Co., Ltd.\8\......                    29.90
Jiangsu Zhongji Lamination Materials Co., (HK)                \10\ 22.35
 Limited \9\...................................
Non-Selected Companies Under Review \11\.......               \12\ 27.50
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Disclosure

    Commerce intends to disclose calculations and analysis performed 
for the final results of review within five days after the date of 
publication of this notice in the Federal Register in accordance with 
19 CFR 351.224(b).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce also 
intends to instruct U.S. Customs and Border Protection (CBP) to collect 
cash deposits of estimated countervailing duties in the amounts shown 
above for the above-listed companies with regard to shipments of 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of these final results 
of review. For all non-reviewed firms, we will instruct CBP to continue 
to collect cash deposits of estimated countervailing duties at the all-
others rate or the most recent company-specific rate applicable to the 
company, as appropriate. These cash deposit requirements, effective 
upon publication of these final results, shall remain in effect until 
further notice.

Assessment Requirements

    In accordance with section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(2), Commerce has determined, and CBP shall assess, 
countervailing duties on all appropriate

[[Page 88959]]

entries covered by this review, for the above-listed companies at the 
applicable ad valorem assessment rates listed. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after 
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).

Administrative Protective Order

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

    The final results are issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 5, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Non-Selected Companies Under Review
V. Subsidies Valuation
VI. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Make an Adverse 
Inference to Find that the Mandatory Respondents Benefited from the 
Export Buyer's Credit Program (EBCP)
    Comment 2: Whether Commerce Should Revise its Application of the 
Trading Company Methodology for Jiangsu Zhongji Lamination Materials 
Co., (HK) Ltd. (Zhongji HK)
    Comment 3: Whether Commerce Should Grant Jiangsu Zhongji 
Lamination Materials Co., Ltd. (Zhongji) an Entered Value Adjustment 
(EVA)
    Comment 4: Whether Commerce Should Include Non-Production Income 
and Commission Expenses in Zhongji's Total Sales Denominator
    Comment 5: Whether Commerce Should Adjust the Aluminum Plate 
and/or Sheet and Strip Benchmark for the Zhongji Respondents \13\
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    \13\ The Zhongji Respondents include Zhongji HK, Zhongji, 
Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng), 
Shantou Wanshun New Material Group Co., Ltd. (Shantou Wanshun), 
Anhui Zhongji Battery Foil Sci&Tech Co., Ltd. (Anhui Zhongji), and 
Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd. (Sichuan 
Wanshun).
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    Comment 6: Whether Commerce Should Include Warehouse Storage 
Fees in the Benchmark for the Government Provision of Primary 
Aluminum for Less Than Adequate Remuneration (LTAR)
    Comment 7: Whether Commerce Should Adjust the Calculation of the 
Zhongji Respondents' Inland Freight Used in the Primary Aluminum 
Benchmark
    Comment 8: Whether Commerce Should Include Certain Purchases 
Disclosed at Verification to calculate Anhui Zhongji's Benefit from 
the Government Provision of Primary Aluminum for LTAR
    Comment 9: Whether Commerce Should Revise the Dingsheng 
Respondents' Intercompany Sales
    Comment 10: Whether Commerce Should Adjust the Primary Aluminum, 
Aluminum Sheet and Coal Benchmarks for the Dingsheng Respondents
    Comment 11: Whether Commerce Should Include London Metal 
Exchange (LME) Data in the Calculation of the Primary Aluminum 
Benchmarks for the Dingsheng Respondents
    Comment 12: Whether Commerce Should Adjust the Ocean Freight 
Benchmarks for the Dingsheng Respondents
    Comment 13: Whether Commerce Should Revise the Dingsheng 
Respondents' Benefit Calculations for Income Tax Deductions for 
Research and Development (R&D) Expenses Under the Enterprise Income 
Tax Law (EITL)
    Comment 14: Whether Commerce Should Adjust Dingsheng 
Respondents' Benefit Calculation for the Government Provision of 
Electricity for LTAR
    Comment 15: Whether Commerce Should Revise Inner Mongolia 
Liansheng New Energy Material Joint-Stock Co., Ltd.'s (Liansheng's) 
Benefit Calculation for Certain Government Grants
IX. Recommendation

Appendix II

Non-Selected Companies Under Review

1. Alcha International Holdings Limited
2. Baotou Alcha Aluminum Co., Ltd.
3. Gr[auml]nges Aluminum (Shanghai) Co., Ltd.
4. Guangxi Baise Xinghe Aluminum Industry Co., Ltd.
5. Hunan Suntown Marketing Limited
6. Jiangyin Dolphin Pack Ltd. Co.
7. Luoyang Longding Aluminium Industries Co., Ltd.
8. Shandong Yuanrui Metal Material Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd.
11. Shanghai Shenyan Packaging Materials Co., Ltd.
12. SNTO International Trade Limited
13. Suntown Technology Group Corporation Limited
14. Xiamen Xiashun Aluminium Foil Co. Ltd.
15. Yangtai Jintai International Trade Co., Ltd.
16. Yantai Donghai Aluminum Co., Ltd.
17. Yinbang Clad Material Co., Ltd.
18. Zhejiang Zhongjin Aluminum Industry Co., Ltd.

[FR Doc. 2024-26168 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P