42702 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Notices 

11Commerce is exercising its discretion under 19 

CFR 351.309(c)(1)(ii) to alter the time limit for the 

filing of case briefs. 

12Commerce is exercising its discretion under 19 

CFR 351.309(d)(1) to alter the time limit for the 

filing of rebuttal briefs. 

13See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

1See Certain Aluminum Foil from the People’s 

Republic of China: Initiation of Less-Than-FairValue Investigation, 15691 (March 30, 2017); see 

also Certain Aluminum Foil from the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 82 FR 15688 (March 30, 2017). 

2See Certain Aluminum Foil from the People’s 

Republic of China: Final Affirmative Determination 

of Sales at Less Than Fair Value, 83 FR 9282 

(March 5, 2018); see also 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); Countervailing Duty Investigation 

of Certain Aluminum Foil from the People’s 

Republic of China: Final Affirmative Determination, 

83 FR 9274 (March 5, 2018); and 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). 

3See Aluminum Foil from China, 83 FR 16128 

(April 13, 2018); see also Aluminum Foil from 

China, Inv Nos. 701–TA–570 and 731–TA–1436, 

USITC Pub. 4771 (Final). 

4See 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); see also 

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) (collectively, Orders). 

5See Memorandum, ‘‘Aluminum Foil from the 

People’s Republic of China: Initiation of 

discontinue the suspension of 

liquidation and the collection of cash 

deposits of estimated ADs, to liquidate 

all unliquidated entries that were 

entered on or after the date of 

publication in the Federal Register of 

the notice of revocation of the Order, 

without regard to ADs, and to refund all 

AD cash deposits on all such 

merchandise, with applicable interest. 

Public Comment 

Any interested party may request a 

hearing within 14 days of publication of 

this notice, in accordance with 19 CFR 

351.310(c). Interested parties may 

submit case briefs not later than 14 days 

after the date of publication of this 

notice.11 Rebuttal comments, limited to 

issues raised in the case briefs, may be 

filed by no later than three days after the 

deadline for filing case briefs.12 Any 

hearing, if requested, will normally be 

held two days after rebuttal briefs/ 

comments are due, in accordance with 

19 CFR 351.310(d)(1). Issues raised in 

the hearing will be limited to those 

raised in the respective case and 

rebuttal briefs. Pursuant to 19 CFR 

351.309(c)(2) and (d)(2), parties who 

submit case or rebuttal briefs in this 

CCR are encouraged to submit with each 

argument: (1) a statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities. Note that 

Commerce has modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.13

All submissions, with limited 

exceptions, must be filed electronically 

using Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. An electronically-filed 

document must be received successfully 

in its entirety by no later than 5:00 p.m. 

Eastern Time on the date the document 

is due. 

Unless extended, consistent with 19 

CFR 351.216(e), we intend to issue the 

final results of this CCR no later than 

270 days after the date on which this 

review was initiated, or within 45 days 

of publication of these preliminary 

results if all parties agree to our 

preliminary findings. 

Notification to Interested Parties 

We are issuing and publishing this 

initiation and preliminary results notice 

in accordance with sections 751(b) and 

777(i) of the Act, and 19 CFR 351.216, 

19 CFR 351.221(b)(1), (b)(4), and (c)(3), 

and 19 CFR 351.222(f)(2)(iv). 

Dated: July 11, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement & 

Compliance. 

[FR Doc. 2022–15205 Filed 7–15–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–053, C–570–054] 

Certain Aluminum Foil From the 

People’s Republic of China: Initiation 

of Circumvention Inquiries of the 

Antidumping Duty and Countervailing 

Duty Orders 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on available 

information, the Department of 

Commerce (Commerce) is self-initiating 

country-wide circumvention inquiries 

to determine whether imports of certain 

aluminum foil (aluminum foil), 

completed in the Republic of Korea 

(Korea) and the Kingdom of Thailand 

(Thailand) (collectively, the third 

countries) using inputs (i.e., aluminum 

foil- and sheet-gauge products) 

manufactured in the People’s Republic 

of China (China), are circumventing the 

antidumping duty (AD) and 

countervailing duty (CVD) orders on 

aluminum foil from China (collectively, 

the Orders). 

DATES: Applicable July 18, 2022. 

FOR FURTHER INFORMATION CONTACT: Erin 

Kearney at (202) 482–0167, AD/CVD 

Operations, Office VI or Shawn Gregor 

at (202) 482–3226, Office of Policy, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 9, 2017, The Aluminum 

Association Trade Enforcement Working 

Group filed petitions seeking the 

imposition of AD and CVD duties on 

imports of aluminum foil from China.1

Following Commerce’s affirmative 

determinations of dumping and 

countervailable subsidies,2 and the U.S. 

International Trade Commission’s (ITC) 

finding of material injury,3 Commerce 

issued the Orders.4

Scope of the Orders 

The merchandise covered by the 

Orders is certain aluminum foil from 

China, ‘‘having a thickness of 0.2 mm or 

less, in reels exceeding 25 pounds, 

regardless of width.’’ All aluminum foil 

is covered by the Orders regardless of 

specification. Excluded from the scope 

of the Orders is ‘‘aluminum foil that is 

backed with paper, paperboard, plastics, 

or similar backing materials on one side 

or both sides of the aluminum foil, as 

well as etched capacitor foil and 

aluminum foil that is cut to shape.’’ For 

a full description of the scope of the 

Orders, see the ‘‘Scope of the Orders,’’ 

in the appendix to this notice. 

Merchandise Subject to Circumvention 

Inquiries 

The circumvention inquiries cover 

aluminum foil assembled and 

completed in Korea and Thailand, using 

Chinese-origin aluminum foil and/or 

sheet, that is subsequently exported 

from Korea and Thailand to the United 

States. Specifically, Commerce placed 

information on the administrative 

record, as attachments to its Initiation 

Memorandum, that indicates aluminum 

foil inputs produced in China undergo 

further processing in Korea and 

Thailand before being exported to the 

United States.5 Commerce intends to 


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Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Notices 42703 

Circumvention Inquiries on the Antidumping Duty 

and Countervailing Duty Orders (Initiation Memo).’’ 

This memo is a public document dated 

concurrently with, and hereby adopted by, this 

notice and on file electronically via ACCESS. 

Access to documents filed via ACCESS is also 

available in the Central Records Unit, Room B8024, 

of the main Department of Commerce building. 

6See Statement of Administrative Action 

accompanying the Uruguay Round Agreements Act 

(SAA), H.R. Doc. No. 103–316 (1994) at 893. 

7See Uncovered Innerspring Units from the 

People’s Republic of China: Final Affirmative 

Determination of Circumvention of the 

Antidumping Duty Order, 83 FR 65626 (December 

21, 2018), and accompanying Issues and Decision 

Memorandum at 4. 

8See Initiation Memorandum. As explained in 

the Initiation Memorandum, the available 

information supports initiating these circumvention 

inquiries on a country-wide basis. Commerce has 

taken this approach in prior circumvention 

inquiries, where the facts supported initiation on a 

country-wide basis. See, e.g., Quartz Surface 

Products from the People’s Republic of China: 

Initiation of Scope and Circumvention Inquiries of 

the Antidumping Duty and Countervailing Duty 

Orders, 87 FR 6844 (February 7, 2022); see also Oil 

Country Tubular Goods from the People’s Republic 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping and Countervailing Duty 

Orders, 85 FR 71877, 71878–79 (November 12, 

2020); Stainless Steel Sheet and Strip from the 

People’s Republic of China: Initiation of AntiCircumvention and Scope Inquiries on the 

Antidumping and Countervailing Duty Orders, 85 

FR 29401, 29402 (May 15, 2020); CorrosionResistant Steel Products from the People’s Republic 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping Duty and Countervailing Duty 

Orders, 84 FR 43585 (August 21, 2019); Steel ButtWeld Pipe Fittings from the People’s Republic of 

China: Initiation of Anti-Circumvention Inquiry on 

the Antidumping Duty Order, 82 FR 40556, 40560 

(August 25, 2017) (stating at initiation that 

Commerce would evaluate the extent to which a 

country-wide finding applicable to all exports 

might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic 

of China: Initiation of Anti-Circumvention Inquiries 

on the Antidumping Duty and Countervailing Duty 

Orders, 81 FR 79454, 79458 (November 14, 2016) 

(stating at initiation that Commerce would evaluate 

the extent to which a country-wide finding 

applicable to all exports might be warranted). 

Pursuant to section 19 CFR 351.226(m), even if 

Commerce initiates an inquiry on a country-wide 

basis, if it subsequently finds circumvention to 

exist, it is not required to apply its ultimate 

determination on a country-wide basis, but has the 

discretion to apply that circumvention 

determination as it deems appropriate. 9See Initiation Memorandum. 

determine as part of this circumvention 

inquiry whether or not that further 

processing in Korea and Thailand is 

minor or insignificant and otherwise 

meets the circumvention criteria set 

forth in section 781(b) of the Act. 

Statutory and Regulatory Requirements 

To Initiate Circumvention Inquiries 

Section 351.226(b) of Commerce’s 

regulations states that if Commerce 

‘‘determines from available information 

that an inquiry is warranted into the 

question of whether the elements 

necessary for a circumvention 

determination under section 781 of the 

Act exist,’’ Commerce ‘‘may initiate a 

circumvention inquiry and publish a 

notice of initiation in the Federal 

Register.’’Section 781(b)(1) of the Tariff 

Act of 1930, as amended (the Act) 

provides that Commerce may find 

circumvention of an AD or CVD order 

when merchandise of the same class or 

kind subject to the order is completed 

or assembled in a foreign country other 

than the country to which the order 

applies. In conducting circumvention 

inquiries, under section 781(b)(1) of the 

Act, Commerce relies on the following 

criteria: (A) merchandise imported into 

the United States is of the same class or 

kind as any merchandise produced in a 

foreign country that is the subject of an 

antidumping or countervailing duty 

order or finding, (B) before importation 

into the United States, such imported 

merchandise is completed or assembled 

in another foreign country from 

merchandise which is subject to the 

order or merchandise which is 

produced in the foreign country that is 

subject to the order, (C) the process of 

assembly or completion in the foreign 

country referred to in section (B) is 

minor or insignificant, (D) the value of 

the merchandise produced in the 

foreign country to which the AD or CVD 

order applies is a significant portion of 

the total value of the merchandise 

exported to the United States, and (E) 

the administering authority determines 

that action is appropriate to prevent 

evasion of such order or finding. 

In determining whether or not the 

process of assembly or completion in a 

third country is minor or insignificant 

under section 781(b)(1)(C) of the Act, 

section 781(b)(2) of the Act directs 

Commerce to consider: (A) the level of 

investment in the foreign country, (B) 

the level of research and development 

in the foreign country, (C) the nature of 

the production process in the foreign 

country, (D) the extent of production 

facilities in the foreign country, and (E) 

whether or not the value of processing 

performed in the foreign country 

represents a small proportion of the 

value of the merchandise imported into 

the United States. However, no single 

factor, by itself, controls Commerce’s 

determination of whether the process of 

assembly or completion in a third 

country is minor or insignificant.6

Accordingly, it is Commerce’s practice 

to evaluate each of these five factors as 

they exist in the third country, 

depending on the totality of the 

circumstances of the particular 

circumvention inquiry.7

In addition, section 781(b)(3) of the 

Act sets forth additional factors to 

consider in determining whether to 

include merchandise assembled or 

completed in a third country within the 

scope of an antidumping and/or 

countervailing duty order. Specifically, 

Commerce shall take into account such 

factors as: (A) the pattern of trade, 

including sourcing patterns; (B) whether 

the manufacturer or exporter of the 

merchandise is affiliated with the 

person who, in the third country, uses 

the merchandise to complete or 

assemble the merchandise which is 

subsequently imported into the United 

States; and (C) whether imports of the 

merchandise into the third country have 

increased after the initiation of the 

investigation that resulted in the 

issuance of such order or finding. 

Available Information Supports 

Initiations of Circumvention Inquiries 

Based on available information, we 

determine initiation of these 

circumvention inquiries are warranted 

to determine whether certain imports of 

aluminum foil, completed in the third 

countries using inputs manufactured in 

China, are circumventing the Orders.8

Commerce has made this determination 

in accordance with its analysis of the 

factors set forth in section 781(b) of the 

Act and 19 CFR 351.226(i).9

Pursuant to 19 CFR 351.226(f)(7), 

Commerce may ‘‘alter or extend’’ time 

limits under the circumvention inquiry 

as necessary to make certain all parties 

to each or both segments of the 

proceeding are able to file comments 

and factual information as necessary. 

Consistent with the approach taken in 

prior circumvention inquiries that 

Commerce initiated on a country-wide 

basis, we intend to solicit information 

from certain companies in Korea and 

Thailand concerning their production of 

aluminum foil and their shipments 

thereof to the United States. A 

company’s failure to completely 

respond to Commerce’s requests for 

information may result in the 

application of partial or total facts 

available, pursuant to section 776(a) of 

the Act, which may include adverse 

inferences, pursuant to section 776(b) of 

the Act. 

Respondent Selection 

Commerce intends to base respondent 

selection on responses to quantity and 

value questionnaires. Commerce intends 

to identify the companies to which it 

will issue the quantity and value 

questionnaire, in part, based on CBP 

data. Parties to which Commerce does 

not issue the quantity and value 

questionnaire may also respond to the 

quantity and value questionnaire, which 

will be available in ACCESS, by the 


khammond on DSKJM1Z7X2PROD with NOTICES
42704 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Notices 

10Regulations to Improve Administration and 

Enforcement of Antidumping and Countervailing 

Duty Laws, 86 FR 52300, 52345 (September 20, 

2021) (Final Rule). 

applicable deadline. Commerce intends 

to place the CBP data on the record 

within five days of publication of the 

initiation notice. Comments regarding 

the CBP data and respondent selection 

should be submitted within seven days 

after placement of the CBP data on the 

record of the relevant inquiry. 

Suspension of Liquidation 

Pursuant to 19 CFR 351.226(l)(1), 

when Commerce self-initiates a 

circumvention inquiry under 19 CFR 

351.226(b), Commerce will notify U.S. 

Customs and Border Protection (CBP) of 

the initiation and direct CBP to continue 

the suspension of liquidation of entries 

of products subject to the circumvention 

inquiry that were already subject to the 

suspension of liquidation, and to apply 

the cash deposit rate that would be 

applicable if the product were 

determined to be circumventing the 

order. Accordingly, Commerce will 

notify CBP of the initiation of the 

circumvention inquiry and direct CBP 

to continue to suspend (unliquidated) 

entries of the products subject to the 

circumvention inquiry that were already 

subject to the suspension of liquidation. 

In addition, Commerce will direct CBP 

to apply the cash deposit rate that 

would be applicable if the products 

were determined to be circumventing 

the Orders. 

Should Commerce issue preliminary 

or final circumvention determinations, 

Commerce will follow the suspension of 

liquidation rules under 19 CFR 

351.226(l)(2)–(4). In the event 

Commerce issues affirmative 

preliminary or final circumvention 

determinations that the products are 

circumventing the Orders, Commerce 

will instruct CBP to continue the 

suspension of liquidation of previously 

suspended entries and to apply the 

applicable cash deposit rate. Commerce 

will also instruct CBP to begin the 

suspension of liquidation and 

application of cash deposits for any 

unliquidated entries not yet suspended, 

entered, or withdrawn from warehouse, 

for consumption, on or after the date of 

publication of the notice of initiation of 

the circumvention inquiry pursuant to 

paragraphs (l)(2)(ii) and (l)(3)(ii). In 

addition, pursuant to paragraphs 

(l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce 

may instruct CBP to begin the 

suspension of liquidation and 

application of cash deposits for any 

unliquidated entries not yet suspended, 

entered, or withdrawn from warehouse, 

for consumption, prior to the date of 

initiation of the circumvention inquiry, 

but not for such entries prior to 

November 4, 2021, the effective date of 

these provisions in the Final Rule.10

These rules will not affect CBP’s 

authority to take any additional action 

with respect to the suspension of 

liquidation or related measures for these 

entries, as stated in 19 CFR 

351.226(l)(5). 

Notification to Interested Parties 

In accordance with section 19 CFR 

351.226(b) and 781(b) of the Act, 

Commerce determines that available 

information supports initiating 

circumvention inquiries to determine 

whether certain imports of aluminum 

foil, assembled and completed in, and 

exported from, Korea and Thailand 

using inputs manufactured in China, are 

circumventing the Orders. Accordingly, 

Commerce is notifying all interested 

parties of the initiation of 

circumvention inquiries. In addition, we 

have included a description of the 

products that are the subject of these 

inquiries, and an explanation of the 

reasons for Commerce’s decision to 

initiate these inquiries as provided 

above and in the accompanying 

Initiation Memorandum. 

In accordance with 19 CFR 

351.226(l)(2), if Commerce issues 

preliminary affirmative determinations, 

we will then instruct CBP to suspend 

liquidation and require a cash deposit of 

estimated antidumping and 

countervailing duties, at the applicable 

rate, for each unliquidated entry of the 

merchandise at issue, entered or 

withdrawn from warehouse for 

consumption on or after the date of 

initiation of the inquiries. Commerce 

intends to issue its final determinations 

within 300 days from the date of 

publication of the notice of initiation of 

a circumvention inquiry in the Federal 

Register. 

This notice is published in 

accordance with 19 CFR 351.226(b) and 

section 781(b) of the Act. 

Dated: July 11, 2022. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix 

Scope of the Orders 

The merchandise covered by the orders is 

aluminum foil having a thickness of 0.2 mm 

or less, in reels exceeding 25 pounds, 

regardless of width. Aluminum foil is made 

from an aluminum alloy that contains more 

than 92 percent aluminum. Aluminum foil 

may be made to ASTM specification ASTM 

B479, but can also be made to other 

specifications. Regardless of specification, 

however, all aluminum foil meeting the 

scope description is included in the scope, 

including aluminum foil to which lubricant 

has been applied to one or both sides of the 

foil. 

Excluded from the scope of the orders is 

aluminum foil that is backed with paper, 

paperboard, plastics, or similar backing 

materials on one side or both sides of the 

aluminum foil, as well as etched capacitor 

foil and aluminum foil that is cut to shape. 

Where the nominal and actual 

measurements vary, a product is within the 

scope if application of either the nominal or 

actual measurement would place it within 

the scope based on the definitions set forth 

above. The products under the orders are 

currently classifiable under Harmonized 

Tariff Schedule of the United States (HTSUS) 

subheadings 7607.11.3000, 7607.11.6000, 

7607.11.9030, 7607.11.9060, 7607.11.9090, 

and 7607.19.6000. Further, merchandise that 

falls within the scope of these proceedings 

may also be entered into the United States 

under HTSUS subheadings 7606.11.3060, 

7606.11.6000, 7606.12.3045, 7606.12.3055, 

7606.12.3090, 7606.12.6000, 7606.91.3090, 

7606.91.6080, 7606.92.3090, and 

7606.92.6080. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

scope of the orders is dispositive. 

[FR Doc. 2022–15204 Filed 7–15–22; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Interim Procedures for 

Considering Requests Under the 

Commercial Availability Provision of 

the United States-Panama Trade 

Promotion Agreement 

On behalf of the Committee for the 

Implementation of Textile Agreements 

(CITA), the Department of Commerce 

will submit the following information 

collection request to the Office of 

Management and Budget (OMB) for 

review and clearance in accordance 

with the Paperwork Reduction Act of 

1995, on or after the date of publication 

of this notice. We invite the general 

public and other Federal agencies to 

comment on proposed, and continuing 

information collections, which helps us 

assess the impact of our information 

collection requirements and minimize 

the public’s reporting burden. Public 

comments were previously requested 

via the Federal Register on April 29, 

2022, during a 60-day comment period. 

This notice allows for an additional 30 

days for public comments. 


khammond on DSKJM1Z7X2PROD with NOTICES