[Federal Register Volume 89, Number 218 (Tuesday, November 12, 2024)]
[Notices]
[Pages 88972-88975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26167]


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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, Final Determination 
of No Shipments, and Rescission of Review, in Part; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain producers and/or exporters made sales of certain aluminum foil 
(aluminum foil) at less than normal value during the period of review 
(POR), April 1, 2022, through March 31, 2023. Additionally, Commerce is 
rescinding this administrative review with respect to one company.

DATES: Applicable November 12, 2024.

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:

[[Page 88973]]

Background

    On May 2, 2024, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On July 22, 2024, Commerce 
tolled certain deadlines in this administrative proceeding by seven 
days.\2\ On August 9, 2024, we extended the deadline for these final 
results until November 5, 2024.\3\ For a full summary of the events 
that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\4\ 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 People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Antidumping Duty Administrative Review, and 
Preliminary Determination of No Shipments; 2022-2023, 89 FR 35801 
(May 2, 2024) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Time Limit for Final Results 
of Antidumping Duty Administrative Review, 2022-2023,'' dated August 
9, 2024.
    \4\ 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; 2022-
2023,'' 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 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 aluminum foil from China. 
For a complete description of the scope, 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 Appendix I. 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.

Rescission of Review, in Part

    In the Preliminary Results, Commerce preliminarily determined that 
SK Global America, Inc. (SK Global) was not eligible for a separate 
rate because it was not a producer or exporter of subject 
merchandise.\6\ However, because SK Global is located in the United 
States,\7\ we find that an administrative review should not have been 
initiated for SK Global. Accordingly, we are rescinding this review 
with respect to SK Global.\8\
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    \6\ See Preliminary Results PDM at 12.
    \7\ See SK Global America, Inc.'s Letter, ``Separate Rate 
Application,'' dated July 31, 2023.
    \8\ See Issues and Decision Memorandum at Comment 11.
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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: (1) 
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); and (2) Jiangsu Zhongji Lamination 
Materials Co., (HK) Limited, Jiangsu Zhongji Lamination Materials Stock 
Co., Ltd., Jiangsu Huafeng Aluminium Industry Co., Ltd., Jiangsu 
Zhongji Lamination Materials Co., Ltd. (collectively Zhongji).\9\ 
Additionally, we made changes to the separate rate eligibility 
determination for Lotte Aluminium Co., Ltd. (Lotte).\10\ For a 
discussion of these changes, see the Issues and Decision Memorandum.
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    \9\ See Memorandum, ``Dingsheng Final Results Analysis 
Memorandum,'' dated concurrently with this memorandum.
    \10\ In the Preliminary Results, we stated that we were 
rescinding the administrative review with respect to Lotte because 
all requests for review had been withdrawn. See Preliminary Results, 
89 FR at 35802. However, all requests for review of Lotte were not 
withdrawn; therefore, Lotte is still under review, and we have 
considered its separate rate eligibility for these final results.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that Anhui 
Zhongji Battery Foil Science & Technology Co., Ltd. (Anhui Zhongji), 
Anhui Maximum Aluminum Industries Company Ltd. (Anhui Maximum), Manakin 
Industries, LLC (Manakin), and Xiamen Xiashun Aluminium Foil Co., Ltd. 
(Xiashun) did not have any shipments of subject merchandise to the 
United States during the POR. We received no information to contradict 
this determination. Therefore, we continue to find that Anhui Zhongji, 
Anhui Maximum, Manakin, and Xiashun 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.

Separate Rates

    In the Preliminary Results, we determined that the following 
companies demonstrated their eligibility for a separate rate: (1) 
Dingsheng; (2) Zhongji; (3) Dong-IL Aluminium Co., Ltd. (Dong-IL); (4) 
Dongwon Systems Corp. (Dongwon); (5) Eastern Valley Co., Ltd. (Eastern 
Valley); (6) Granges Aluminum (Shanghai) Co., Ltd. (Granges Aluminum); 
(7) Shanghai Shenyan Packaging Materials Co., Ltd. (Shanghai Shenyan); 
(8) Suzhou Manakin Aluminum Processing Technology Co., Ltd. (Suzhou 
Manakin Aluminum); and (9) Suzhou Manakin Trading Co., Ltd. (Suzhou 
Manakin Trading).\11\ For these final results, we continue to determine 
that the companies listed above are eligible for a separate rate, and 
that 15 companies \12\ are ineligible for a separate rate. 
Additionally, for these final results, we also find that Lotte is 
eligible for a separate rate.\13\
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    \11\ See Preliminary Results PDM at the ``Separate Rate 
Determinations'' section for more details.
    \12\ See Appendix II of this notice for a complete listing of 
these companies.
    \13\ See Issues and Decision Memorandum at Comment 10.
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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.\14\ 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.\15\ Because 15 
companies did not demonstrate their eligibility for a separate rate, we 
continue to determine the 15 companies to be part of the China-wide 
entity, and they will be subject to the China-wide entity rate.\16\

[[Page 88974]]

For a listing of these companies, see Appendix II of this notice.
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    \14\ 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).
    \15\ See Order, 84 FR at 2814.
    \16\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023); see also 
Initiation of Antidumping and Countervailing Duty Administrative 
Reviews, 88 FR 51271 (August 3, 2023) (which included a previously 
omitted company, ``Manakin Industries, LLC,'' as a respondent in 
this administrative review), stating ``All firms listed below that 
wish to qualify for separate rate status in the administrative 
reviews involving NME countries must complete, as appropriate, 
either a separate rate application or certification, as described 
below.''
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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, 2022, through March 31, 2023: 
\17\
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    \17\ Commerce calculated the rate for non-reviewed respondents 
using a weighted average of the estimated weighted-average dumping 
margins calculated for the examined respondents using each company's 
publicly ranged values for the merchandise under consideration. With 
two respondents under examination, Commerce normally calculates: (A) 
a weighted-average of the estimated weighted-average dumping margins 
calculated for the examined respondents; (B) a simple average of the 
estimated weighted-average dumping margins calculated for the 
examined respondents; and (C) a weighted-average of the estimated 
weighted-average dumping margins calculated for the examined 
respondents using each company's publicly ranged U.S. sales values 
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, 53662 
(September 1, 2010), and accompanying Issues and Decision Memorandum 
at Comment 1. As complete publicly ranged sales data were available, 
Commerce based the all-others rate on the publicly ranged sales data 
of the mandatory respondents. For a complete analysis of the data, 
see the Non-Reviewed Respondents Calculation Memorandum.

------------------------------------------------------------------------
                                                       Weighted-average
                      Exporter                          dumping margin
                                                           (percent)
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Dingsheng Aluminium Industries (Hong Kong) Trading                 60.61
 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./Inner
 Mongolia Xinxing New Energy Material Co., Ltd......
Jiangsu Zhongji Lamination Materials Co., (HK)                     75.65
 Limited/Jiangsu Zhongji Lamination Materials Stock
 Co., Ltd./Jiangsu Huafeng Aluminium Industry Co.,
 Ltd./Jiangsu Zhongji Lamination Materials Co., Ltd.
Dong-IL Aluminium Co., Ltd..........................               63.25
Dongwon Systems Corp................................               63.25
Eastern Valley Co., Ltd.............................               63.25
Granges Aluminum (Shanghai) Co., Ltd................               63.25
Lotte Aluminium Co., Ltd............................               63.25
Shanghai Shenyan Packaging Materials Co., Ltd.......               63.25
Suzhou Manakin Aluminum Processing Technology Co.,                 63.25
 Ltd................................................
Suzhou Manakin Trading Co., Ltd.....................               63.25
------------------------------------------------------------------------

Disclosure

    Pursuant to 19 CFR 351.224(b), we intend to disclose to parties in 
this proceeding the calculations performed for these final results 
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 and Zhongji 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).\18\ 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.\19\ 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.\20\ 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.\21\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ Id.
    \20\ Id.
    \21\ 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 cash deposit requirements, when imposed, shall remain 
in effect until further notice.

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

[[Page 88975]]

period. Failure to comply with this requirement could result in 
Commerce's presumption that reimbursement of antidumping and/or 
countervailing 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 (APO)

    This notice also serves as a 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, 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 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. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of Surrogate Country
    Comment 2: Surrogate Value (SV) for Dingsheng's Self-Produced 
Recycled Scrap Input and its By-Product Recycled Aluminum
    Comment 3: Calculation of Zhongji's Factors of Production (FOPs)
    Comment 4: Zhongji's Freight and Movement Distance
    Comment 5: Dingsheng's Freight Costs and Processing Costs in 
Thailand
    Comment 6: SV for Electricity
    Comment 7: Deduct Additional Expenses Reported for Certain U.S. 
Sales
    Comment 8: Export-Contingent Countervailing Duty (CVD) Offset
    Comment 9: Double Remedies Adjustment
    Comment 10: Separate Rate for Lotte
    Comment 11: Separate Rate for SK Global America, Inc. (SK 
Global)
VI. Recommendation

Appendix II

Companies Determined To Be Part of the China-Wide Entity

1. Alcha International Holdings Limited
2. Aluminum Corporation of China Limited
3. Dingheng New Materials Co., Ltd.
4. Henan Mingtai Al. Industrial
5. Hunan Suntown Marketing Limited
6. Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.
7. SAM-A Aluminum Co., Ltd.
8. Shandong Nanshan Aluminum Co., Ltd.
9. Shanghai Huafon Aluminium Corporation
10. Shanghai Shenhuo Aluminium Foil Co., Ltd
11. Shanghai Sunho Aluminum Foil Co., Ltd.
12. Suntown Technology Group Corporation Limited (Suntown Technology 
Group Co., Ltd.)
13. Walson (HK) Trading Co., Limited
14. Yinbang Clad Materials Co., Ltd.
15. Zhejiang Yongjie Aluminum Co., Ltd.

[FR Doc. 2024-26167 Filed 11-8-24; 8:45 am]
BILLING CODE 3510-DS-P