[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 935-938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00080]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) finds that exporters of 
certain aluminum foil (aluminum foil) from the People's Republic of 
China

[[Page 936]]

(China) made sales of subject merchandise at prices less than normal 
value during the period of review (POR) April 1, 2019, through March 
31, 2020.

DATES: Applicable January 7, 2022.

FOR FURTHER INFORMATION CONTACT: Scarlet Jaldin or 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) 482-4275 or (202) 
482-4475 respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results on July 7, 2021.\1\ On 
October 28, 2021, and December 14, 2021, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing the final results, until December 30, 
2021.\2\ For a complete description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\
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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 Duty Administrative 
Review, and Preliminary Determination of No Shipments; 2019-2020, 86 
FR 35747 (July 7, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated October 28, 2021; 
see also Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated December 14, 2021.
    \3\ 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; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
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    The administrative review covers two mandatory respondents: (1) 
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd.; Jiangsu Zhongji 
Lamination Materials Stock Co., Ltd.; Jiangsu Zhongji Lamination 
Materials Co., Ltd.; and Jiangsu Huafeng Aluminum Industry Co., Ltd. 
(collectively, Zhongji), and (2) Jiangsu Alcha Aluminum Co., Ltd. 
(Jiangsu Alcha). The administrative review also covers 11 other 
companies that were not selected for individual examination.\4\
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    \4\ We incorrectly stated in the Preliminary Results that this 
administrative review covers 14 companies that were not selected for 
individual examination. The correct number is 11 companies.
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Scope of the Order \5\
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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 full description of the scope, see the Issues and Decision 
Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs are addressed in 
the Issues and Decision Memorandum. A list of the issues raised by 
interested parties and to which we 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 http://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 review of the record and comments received from 
interested parties, we made certain changes to the preliminary margin 
calculation for Zhongji,\6\ and consequently, to the rate assigned to 
the non-examined, separate rate respondents.\7\
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    \6\ See Memorandum, ``Zhongji Analysis for the Final Results'' 
(Zhongji Final Analysis Memorandum); Memorandum, ``Final Results 
Surrogate Value Memorandum'' (Final Results Surrogate Value 
Memorandum), both dated concurrently with this notice.
    \7\ For details on the changes made since the Preliminary 
Results, see the Issues and Decision Memorandum.
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Final Determination of No Shipments

    In the Preliminary Results, we preliminarily determined that 
Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; Hangzhou Teemful 
Aluminium Co., Ltd.; and Hangzhou Five Star Aluminium Co., Ltd. had no 
shipments of subject merchandise during the POR.\8\ We received no 
information to contradict this determination.\9\ Therefore, we continue 
to find that these companies 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.\10\
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    \8\ See Preliminary Results, 86 FR at 35747.
    \9\ We received interested party comments that certain company 
names contained minor spelling errors in the Preliminary Results, 
and we have corrected the spellings for these final results. See 
Issues and Decision Memorandum at Comment 10.
    \10\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Practice Refinement).
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Separate Rate Respondents

    In the Preliminary Results, we found that each of the following 
companies demonstrated its eligibility for separate rate status: (1) 
Zhongji; (2) Alcha International Holdings Limited; (3) Dingsheng 
Aluminum Industries (Hong Kong) Trading Co.; (4) Hangzhou Dingsheng 
Import & Export Co., Ltd.; (5) Hunan Suntown Marketing Limited; (6) 
Shanghai Huafon Aluminum Corporation; (7) Suntown Technology Group 
Limited; (8) Xiamen Xiashun Aluminum Foil Co., Ltd,; and (9) Yinbang 
Clad Materials Co., Ltd. (Yinbang Clad).\11\ We received comments with 
respect to Shanghai Huafon Aluminum Corporation; we find that this 
company was incorrectly included in the preliminary list of companies 
eligible for a separate rate, and we have removed this company for the 
final results.\12\ We also received comments that certain company names 
were incorrectly identified in the Preliminary Results, and we have 
corrected the spellings of these company names for these final 
results.\13\ We received no other argument since the issuance of the 
Preliminary Results that provide a basis for reconsideration of these 
determinations.
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    \11\ See Preliminary Results Preliminary Decision Memorandum at 
10-14.
    \12\ See Issues and Decision Memorandum at Comment 11.
    \13\ See Issues and Decision Memorandum at Comment 10.
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    Therefore, we find for these final results that the following 
companies demonstrated their eligibility for separate rate status: (1) 
Zhongji; (2) Alcha International Holdings Limited; (3) Dingsheng 
Aluminium Industries (Hong Kong) Trading Co., Limited (a.k.a Dingsheng 
Aluminium Industries (Hong Kong) Trading Co., Ltd.); (4) Hangzhou 
Dingsheng Import&Export Co., Ltd. (a.k.a. Hangzhou Dingsheng Import and 
Export Co., Ltd.); (5) Hunan Suntown Marketing Limited; (6) Suntown 
Technology Group Corporation Limited (a.k.a. Suntown Technology Group 
Co., Ltd.; (7) Xiamen Xiashun Aluminum Foil Co., Ltd, and (8) Yinbang 
Clad Materials Co., Ltd. (Yinbang Clad).

Rate for Non-Examined Separate Rate Respondents

    As noted in the Preliminary Results,\14\ the statute and Commerce's 
regulations do not address what rate to apply to

[[Page 937]]

respondents not selected for individual examination when Commerce 
limits its examination in an administrative review pursuant to section 
777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) 
of the Act, which provides instructions for calculating the all-others 
rate in an investigation, for guidance when calculating the rate for 
non-selected respondents that are not examined individually in an 
administrative review. Section 735(c)(5)(A) of the Act states that the 
all-others rate should be calculated by averaging the weighted-average 
dumping margins for individually examined respondents, excluding rates 
that are zero, de minimis, or based entirely on facts available. Where 
the rates for the individually examined companies are all zero, de 
minimis, or based entirely on facts available, section 735(c)(5)(B) of 
the Act provides that Commerce may use ``any reasonable method'' to 
establish the all-others rate. In this review, we calculated a rate for 
Zhongji that is not zero, de minimis, or based entirely on facts 
available, and we have continued to assign the rate calculated for 
Zhongji to the companies not selected for individual examination but 
that are eligible for a separate rate.
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    \14\ See Preliminary Results, 86 FR at 35748.
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Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period April 1, 2019, through March 31, 2020:

------------------------------------------------------------------------
                                                       Final weighted-
                      Exporter                         average dumping
                                                       margin (percent)
------------------------------------------------------------------------
Jiangsu Zhongji Lamination Materials Co., (HK) Ltd./               62.02
 Jiangsu Zhongji Lamination Materials Stock Co.,
 Ltd./Jiangsu Zhongji Lamination Materials Co.,
 Ltd./Jiangsu Huafeng Aluminum Industry Co., Ltd...
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     Review-Specific Rate Applicable to the Following Companies \15\
------------------------------------------------------------------------
Alcha International Holdings Limited...............                62.02
Dingsheng Aluminium Industries (Hong Kong) Trading                 62.02
 Co., Limited (a.k.a Dingsheng Aluminium Industries
 (Hong Kong) Trading Co., Ltd.)....................
Hangzhou Dingsheng Import&Export Co., Ltd. (a.k.a.                 62.02
 Hangzhou Dingsheng Import and Export Co., Ltd.)...
Hunan Suntown Marketing Limited....................                62.02
Suntown Technology Group Corporation Limited                       62.02
 (a.k.a. Suntown Technology Group Co., Ltd.........
Xiamen Xiashun Aluminum Foil Co., Ltd..............                62.02
Yinbang Clad Materials Co., Ltd....................                62.02
------------------------------------------------------------------------

     
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    \15\ Rate applicable to the non-examined separate rate 
respondents, as discussed above.
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results, or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

China-Wide Entity

    In the Preliminary Results, Commerce found that Jiangsu Alcha and 
SNTO International Group Limited (SNTO) did not establish eligibility 
for a separate rate because SNTO did not file a separate rate 
application or certification with Commerce, and because Jiangsu Alcha 
failed to respond to our standard NME antidumping questionnaire. No 
interested party commented on Commerce's preliminary determination with 
respect to Jiangsu Alcha and SNTO. Therefore, for these final results, 
we determine these companies to be part of the China-wide entity.
    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\16\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
this review, the entity is not under review and the entity's rate 
(i.e., 105.80 percent) is not subject to change.\17\
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    \16\ 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 (November 4, 2013).
    \17\ See Order, 83 FR 17362.
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Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 
Commerce has determined, and U.S Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries covered by 
this review. Commerce intends to issue assessment instructions 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).
    For each individually examined respondent in this review which has 
a final weighted-average dumping margin that is not zero or de minimis 
(i.e., less than 0.5 percent), we will calculate importer- (or 
customer-) specific per-unit duty assessment rates based on the ratio 
of the total amount of dumping calculated for the importer's (or 
customer's) examined sales to the total sales quantity associated with 
those sales, in accordance with 19 CFR 351.212(b)(l).\18\ We will also 
calculate estimated ad valorem importer-specific assessment rates with 
which to determine whether the per-unit assessment rates are de 
minimis.\19\ Where either the respondent's weighted-average dumping 
margin is zero or de minimis, or an importer- (or customer-) specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping 
duties.\20\
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    \18\ See Zhongji Final Analysis Memorandum at Attachment 2.
    \19\ Id.
    \20\ See 19 CFR 351.106(c)(2).
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    For the respondents which were not selected for individual 
examination in this administrative review and which qualified for a 
separate rate, the assessment rate will be equal to the rate assigned 
to them for the final results (i.e., 62.02 percent). For the companies 
identified as part of the China-wide

[[Page 938]]

entity, we will instruct CBP to apply a per-unit assessment rate of 
105.80 percent to all entries of subject merchandise during the POR 
which were produced or exported by those companies. Pursuant to a 
refinement in our non-market economy practice, for sales that were not 
reported in the U.S. sales data submitted by companies individually 
examined during this review, we will instruct CBP to liquidate entities 
associated with those sales at the rate for the China-wide entity. 
Furthermore, where we found that an exporter under review had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the China-wide 
entity.\21\
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    \21\ For a full description of this practice, see Assessment 
Practice Refinement, 86 FR 65694.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative 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 the companies 
identified in the chart above, the cash deposit rate will be equal to 
the weighted-average dumping margin established in the final results of 
this review; (2) for previously investigated or reviewed Chinese and 
non-Chinese exporters not listed above that have received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific cash deposit rate 
published for the completed segment of the most recent period; (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 the 
rate for the China-wide entity; and (4) for all non-Chinese exporters 
of subject merchandise which have not received their own separate 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 Regarding Reimbursement of Duties

    This notice also 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 duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification Regarding Administrative Protective Orders (APO)

    This notice also serves as a final reminder to parties subject to 
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

    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 30, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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 Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Selection of Surrogate Country
    Comment 2: HTS Classifications for Certain Material Inputs and 
By-Products
    Comment 3: Ocean Freight
    Comment 4: Double Remedies Adjustment
    Comment 5: Sales to Foreign Trade Zones
    Comment 6: Differential Pricing Methodology
    Comment 7: Calculation of Zhongji's Margin
    Comment 8: Separate Rate Margin
    Comment 9: Selection of Individually Examined Respondents
    Comment 10: Correction of Company Names
    Comment 11: Review of Shanghai Huafon Aluminum Corporation
VI. Recommendation

[FR Doc. 2022-00080 Filed 1-6-22; 8:45 am]
BILLING CODE 3510-DS-P