[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35735-35737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14446]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Results of Countervailing Duty Administrative Review and 
Rescission of Review, in Part; 2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and exporters of certain aluminum foil (aluminum foil) 
from the People's Republic of China (China) received countervailable 
subsidies during the period of review (POR), January 1, 2019, through 
December 31, 2019.

DATES: Applicable July 7, 2021.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.

SUPPLEMENTARY INFORMATION:

Background

    On April 19, 2018, Commerce published in the Federal Register the 
countervailing duty order on aluminum foil from China.\1\ On April 1, 
2020, Commerce published in the Federal Register a notice inviting 
interested parties to request a review of the Order for the POR. On 
April 30, 2020, we received timely review requests for 33 companies.\2\ 
On June 8, 2020, Commerce published a notice of initiation of an 
administrative review of the Order, covering the requested 
companies.\3\ On July 21, 2020, Commerce tolled all deadlines in 
administrative reviews by 60 days, thereby extending the deadline for 
the preliminary results until March 1, 2021.\4\ As explained below, on 
September 8, 2020, the Aluminum Association Trade Enforcement Working 
Group (the petitioners) withdrew their review requests with respect to 
certain companies.\5\ On February 26, 2021, Commerce fully extended the 
deadline for these preliminary results until June 29, 2021.\6\
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    \1\ 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) (Order).
    \2\ See Petitioners' Letter ``Countervailing Duty Order on 
Certain Aluminum Foil from the People's Republic of China--
Petitioners' Request for 2019/2020 Administrative Review,'' dated 
April 30, 2020 (Petitioners' Review Request); Valeo's Letter 
``Aluminum Foil from the People's Republic of China: Request for 
Administrative Review,'' dated April 30, 2020 (Valeo's Review 
Request); Xiashun's Letter, ``Aluminum Foil from the People's 
Republic of China: Request for Administrative Review,'' dated April 
30, 2020 (Xiashun's Review Request); Dingsheng Companies' Letter, 
``Request for Administrative Review of the Countervailing Duty Order 
on Aluminum Foil from the People's Republic of China (C-570-054),'' 
dated April 30, 2020 (Dingsheng Companies' Review Request); and 
Zhongji Companies' Letter, ``Certain Aluminum Foil from the Peoples 
Republic of China: Request for Second Administrative Review,'' 
(Zhongji Companies' Review Request).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 35068 (June 8, 2020) (Initiation 
Notice).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ The petitioners withdrew their requests for review of all 
companies for which they had requested a review, except those 
companies covered by other parties' review requests. See 
Petitioners' Letter, ``2nd Administrative Review of the 
Countervailing Duty Order on Certain Aluminum Foil from the People's 
Republic of China--Petitioners' Withdrawal of Certain Requests for 
Administrative Reviews,'' dated September 8, 2020 (Petitioner's 
Withdrawal of Review Requests).
    \6\ See Memorandum, ``Certain Aluminum Foil from the People's 
Republic of China: Extension of Deadline for Preliminary Results of 
Countervailing Duty Administrative Review; 2019,'' dated February 
26, 2021.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\7\ 
A list of topics discussed in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/.
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    \7\ See Preliminary Decision Memorandum.
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Scope of the Order

    The product covered by the Order is aluminum foil from China. For a 
complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(A) of the Tariff Act of 1930, as amended

[[Page 35736]]

(the Act). For each of the subsidy programs found countervailable, we 
preliminarily determine that there is a subsidy, i.e., a financial 
contribution by an ``authority'' that gives rise to a benefit to the 
recipient, and that the subsidy is specific.\8\ For a full description 
of the methodology underlying our conclusions, see the accompanying 
Preliminary Decision Memorandum.
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    \8\ 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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    Commerce notes that, in making these findings, it relied, in part, 
on facts available and, because it finds that the Government of China 
did not act to the best of its ability to respond to Commerce's 
requests for certain information, it drew an adverse inference, where 
appropriate, in selecting from among the facts otherwise available. For 
further information, see the Preliminary Decision Memorandum at ``Use 
of Facts Otherwise Available and Adverse Inferences.''

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the party or parties 
that requested a review withdraw the request within 90 days of the 
publication date of the notice of initiation of the requested review. 
As noted above the petitioner timely withdrew its requests for review 
of certain companies. Because no other party requested a review of 
these companies, and in accordance with 19 CFR 351.213(d)(1), we are 
rescinding the review with respect to these companies.\9\ Therefore, we 
are rescinding this administrative review with respect to: (1) Baotou 
Alcha Aluminum Co., Ltd.; (2) Granges Aluminum (Shanghai) Co., Ltd.; 
(3) Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; (4) Huafon Nikkei 
Aluminium Corporation; (5) Jiangsu Zhongji Lamination Materials Stock 
Co., Ltd.; (6) Jiangyin Dolphin Pack Ltd. Co.; (7) Shandong Yuanrui 
Metal Material Co., Ltd.; (8) Suntown Technology Group Limited; (9) 
Suzhou Manakin Aluminum Processing Technology Co., Ltd.; (10) Yantai 
Donghai Aluminum Foil Co., Ltd.; (11) Yantai Jintai International Trade 
Co., Ltd.; and (12) Zhejiang Zhongiin Aluminum Industry Co., Ltd.\10\
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    \9\ As explained above, the petitioners withdrew their requests 
for review of all companies for which they had requested a review, 
except those companies covered by other parties' review requests.
    \10\ Of the 33 companies for which we initiated a review in the 
Initiation Notice, 16 were subject to the review requests of other 
interested parties: (1) Alcha International Holdings Limited; (2) 
Anhui Maximum Aluminium Industries Company Ltd.; (3) Dingsheng 
Aluminum Industries (Hong Kong) Trading Co. Ltd.; (4) Hangzhou 
Dingsheng Import & Export Co. Ltd.; (5) Hangzhou Five Star Aluminum 
Co., Ltd.; (6) Hunan Suntown Marketing Limited; (7) Jiangsu Alcha 
Aluminum Co., Ltd.; (8) Jiangsu Dingsheng New Materials Joint-Stock 
Co., Ltd.; (9) Jiangsu Huafeng Aluminum Industry Co., Ltd.; (10) 
Jiangsu Zhongji Lamination Materials Co., Ltd.; (11) Jiangsu Zhongji 
Lamination Materials Co., (HK) Limited; (12) Shantou Wanshun Package 
Material Stock Co., Ltd.; (13) SNTO International Trade Limited; 
(14) Suntown Technology Group Corporation Limited; (15) Xiamen 
Xiashun Aluminum Foil Co., Ltd.; and (16) Yinbang Clad Material Co., 
Ltd. Among the 16 companies included in the petitioners' review 
request, for which no other interested party requested a review, and 
for which the petitioners have withdrawn their request, five were 
found to have been cross-owned in the Final Determination with 
companies subject to this review: (1) Hangzhou DingCheng Aluminum 
Co., Ltd.; (2) Hangzhou Dingsheng Industrial Group Co. Ltd.; (3) 
Hangzhou Teemful Aluminum Co., Ltd.; (4) Luoyang Longding Aluminium 
Industries Co., Ltd.; and (5) Walson (HK) Trading Co., Limited. 
Because these five companies were previously found to be cross-owned 
with a company which is subject to this review, we preliminarily 
intend not to rescind the review with respect to these five 
companies. See Petitioners' Review Request; Dingsheng Companies' 
Review Request; Valeo's Review Request; Xiashun's Review Request, 
Zhongji Companies' Review Request; Petitioner's Withdrawal of Review 
Requests; Initiation Notice; and Order.
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Preliminary Results

    Commerce preliminarily determines that, during the POR, the 
following countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                            (percent ad
                                                             valorem)
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Alcha International Holdings Limited....................           23.34
Anhui Maximum Aluminum Industries Company Ltd.; Jiangsu            23.34
 Huafeng Aluminum Industry Co., Ltd.; Jiangsu Zhongji
 Lamination Materials Co., Ltd.; Jiangsu Zhongji
 Lamination Materials Co., (HK) Limited; and Shantou
 Wanshun Package Material Stock Co., Ltd.\11\...........
Dingsheng Aluminum Industries (Hong Kong) Trading Co.,             23.34
 Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Hangzhou
 Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng
 Industrial Group Co. Ltd.; Hangzhou Five Star Aluminum
 Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu
 Dingsheng New Materials Joint Stock Co., Ltd.; Luoyang
 Longding Aluminium Industries Co., Ltd.; and Walson
 (HK) Trading Co., Limited.\12\.........................
Hunan Suntown Marketing Limited.........................           23.34
Jiangsu Alcha Aluminum Co., Ltd.........................          305.07
SNTO International Trade Limited........................           23.34
Suntown Technology Group Corporation Limited............           23.34
Xiamen Xiashun Aluminium Foil Co. Ltd...................           23.34
Yinbang Clad Material Co., Ltd..........................           23.34
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Assessment Rates
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    \11\ In the first administrative review of the Order, Commerce 
found the following companies to be cross-owned: Anhui Maximum 
Aluminum Industries Company Ltd.; Jiangsu Huafeng Aluminum Industry 
Co. Ltd.; Jiangsu Zhongji Lamination Materials Co., Ltd.; Jiangsu 
Zhongji Lamination Materials Co., (HK) Ltd.; Shantou Wanshun 
Material Stock Co., Ltd.; and Anhui Maximum Aluminum Industries 
Company Limited. The subsidy rate applies to all cross-owned 
companies. See Certain Aluminum Foil from the People's Republic of 
China: Final Results of the Countervailing Duty Administrative 
Review; 2017-2018, 86 FR 12171 (March 2, 2021).
    \12\ In the investigation, Commerce found the following 
companies to be cross-owned: Dingsheng Aluminum Industries (Hong 
Kong) Trading Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; 
Hangzhou Dingsheng Import & Export Co. Ltd.; Hangzhou Dingsheng 
Industrial Group Co. Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; 
Hangzhou Teemful Aluminum Co., Ltd.; Jiangsu Dingsheng New Materials 
Joint-Stock Co., Ltd.; Luoyang Longding Aluminum Co., Ltd.; and 
Walson (HK) Trading Co., Limited. The subsidy rate applies to all 
cross-owned companies. See Order.
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    Consistent with section 751(a)(2)(C) of the Act, upon issuance of 
the final results, Commerce shall determine, and U.S. Customs and 
Border Protection (CBP) shall assess, countervailing duties on all 
appropriate entries covered by this review. We intend 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

[[Page 35737]]

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 12 companies for which this review is rescinded with these 
preliminary results, Commerce will instruct CBP to assess 
countervailing duties on all appropriate entries at a rate equal to the 
cash deposit of estimated countervailing duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
January 1, 2019, through December 31, 2019, in accordance with 19 CFR 
351.212(c)(l)(i). Commerce intends to issue appropriate assessment 
instructions directly to CBP no later than 35 days after publication of 
this notice in the Federal Register.

Cash Deposit Requirements

    Pursuant to section 751(a)(1) of the Act, upon issuance of the 
final results, Commerce intends to instruct CBP to collect cash 
deposits of estimated countervailing duties for each of the companies 
listed above on shipments of subject merchandise entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
the final results of this administrative review, except where the rate 
calculated in the final results is zero or de minimis, no cash deposit 
will be required. For all non-reviewed firms, we will instruct CBP to 
continue to collect cash deposits of estimated countervailing duties at 
the most recent company-specific or all-others rate applicable to the 
company, as appropriate. These cash deposit instructions, when imposed, 
shall remain in effect until further notice.

Disclosure and Public Comment

    We will disclose to parties to this proceeding the calculations 
performed in reaching the preliminary results within five days of the 
date of publication of these preliminary results.\13\ Interested 
parties may submit written comments (case briefs) within 30 days of 
publication of the preliminary results and rebuttal comments (rebuttal 
briefs) within seven days after the time limit for filing case 
briefs.\14\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\15\ Note that Commerce has modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\16\
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    \13\ See 19 CFR 224(b).
    \14\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1); see also 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) 
(Temporary Rule).
    \15\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
    \16\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice.\17\ 
Requests should contain the party's name, address, and telephone 
number, the number of participants, whether any participant is a 
foreign national, and a list of the issues to be discussed. Issues 
addressed during the hearing will be limited to those raised in the 
briefs.\18\ If a request for a hearing is made, Commerce will inform 
parties of the scheduled date of the hearing.\19\ Parties should 
confirm by telephone the date, time, and location of the hearing two 
days before the scheduled date.
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    \17\ See 19 CFR 351.310(c).
    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 351.310.
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    Parties are reminded that all briefs and hearing requests are to be 
filed electronically using ACCESS and received successfully in their 
entirety by 5:00 p.m. Eastern Time on the due date.
    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, Commerce intends to issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
publication of these preliminary results.

Notification to Interested Parties

    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 
351.221(b)(4).

    Dated: June 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Rescission of Administrative Review, in Part
IV. Non-Selected Companies Under Review
V. Scope of the Order
VI. Diversification of China's Economy
VII. Subsidies Valuation
VIII. Interest Rates, Discount Rates, and Benchmark Prices
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. Recommendation

[FR Doc. 2021-14446 Filed 7-6-21; 8:45 am]
BILLING CODE 3510-DS-P