37844 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

10See Letter from the petitioner, ‘‘Silicon Metal 

from Australia, Brazil, and Kazakhstan; 

Countervailing Duty Investigations; Request for 

Alignment of Final Determinations,’’ dated July 10, 

2017. 

11As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with 

Simcoa: Silicon Metal Company of Australia Pty 

Ltd., Microsilica Pty Ltd., and Simcoa International 

Pty Ltd. 

12See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

a request made by the petitioner.10

Consequently, the final CVD 

determination will be issued on the 

same date as the final AD 

determinations for Australia, Brazil, and 

Norway, which are currently scheduled 

to be issued no later than December 18, 

2017, unless postponed. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, the Department shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

The Department calculated an 

individual estimated countervailable 

subsidy rate for Simcoa Operations Pty. 

Ltd. (Simcoa), the only individually 

examined producer/exporter in this 

investigation. Because the only 

individually calculated rate is not zero, 

de minimis, or based entirely on facts 

otherwise available, the estimated 

weighted-average rate calculated for 

Simcoa is the rate assigned to all-other 

producers and exporters, pursuant to 

section 705(c)(5)(A)(i) of the Act. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Simcoa Operations Pty Ltd 11 ..... 16.23 

All-Others .................................... 16.23 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, the 

Department will direct U.S. Customs 

and Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 

Register. Further, pursuant to 19 CFR 

351.205(d), the Department will instruct 

CBP to require a cash deposit equal to 

the rates indicated above. 

Disclosure 

The Department intends to disclose to 

interested parties its calculations and 

analysis performed in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the publication date of this notice in 

accordance with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information relied upon in making 

its final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance at a date to be determined. 

Rebuttal briefs, limited to issues raised 

in case briefs, may be submitted no later 

than five days after the deadline date for 

case briefs.12 Pursuant to 19 CFR 

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

submit case briefs or rebuttal briefs in 

this investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, 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. 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. If a 

request for a hearing is made, the 

Department intends to hold the hearing 

at the U.S. Department of Commerce, 

1401 Constitution Avenue NW., 

Washington, DC 20230, at a time and 

date to be determined. Parties should 

confirm by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will make its final injury determination 

before the later of 120 days after the date 

of this preliminary determination or 45 

days after the final determination. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: August 7, 2017. 

Carole Showers, 

Executive Director, Office of Policy, 

performing the duties of Deputy Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The scope of these investigation covers all 

forms and sizes of silicon metal, including 

silicon metal powder. Silicon metal contains 

at least 85.00 percent but less than 99.99 

percent silicon, and less than 4.00 percent 

iron, by actual weight. Semiconductor grade 

silicon (merchandise containing at least 

99.99 percent silicon by actual weight and 

classifiable under Harmonized Tariff 

Schedule of the United States (HTSUS) 

subheading 2804.61.0000) is excluded from 

the scope of these investigations. 

Silicon metal is currently classifiable 

under subheadings 2804.69.1000 and 

2804.69.5000 of the HTSUS. While HTSUS 

numbers are provided for convenience and 

customs purposes, the written description of 

the scope remains dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Alignment 

V. Injury Test 

VI. Subsidies Valuation 

VII. Analysis of Programs 

VIII. Conclusion 

[FR Doc. 2017–17116 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–054] 

Certain Aluminum Foil From the 

People’s Republic of China: 

Preliminary Affirmative Countervailing 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) preliminarily 

determines that countervailable 

subsidies are being provided to 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 37845 

1See Certain Aluminum Foil from the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 82 FR 15688 (March 30, 2017) 

(Initiation Notice). 

2See Certain Aluminum Foil from the People’s 

Republic of China: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 82 FR 22646 (May 17, 2017). 

3See Decision Memorandum for the Preliminary 

Affirmative Determination: Countervailing Duty 

Investigation of Certain Aluminum Foil from the 

People’s Republic of China,’’ dated concurrently 

with, and hereby adopted by, this notice 

(Preliminary Decision Memorandum). 

4See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

5See Initiation Notice. 

6See 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. 

7See sections 776(a) and (b) of the Act. 

8As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with 

Dingsheng HK: Jiangsu Dingsheng New Materials 

Joint-Stock Co., Ltd.; Hangzhou Teemful Aluminum 

Co., Ltd.; Hangzhou Five Star Aluminum Co., Ltd.; 

Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang 

Longding Aluminum Co., Ltd.; Hangzhou 

Dingsheng Industrial Group Co., Ltd.; Hangzhou 

Dingsheng Import & Export Co., Ltd.; and Walson 

(HK) Trading Co., Limited. 

9As discussed in the Preliminary Decision 

Memorandum, the Department has found the 

following companies to be cross-owned with 

Zhongji: Shantou Wanshun Package Material Stock 

Co., Ltd.; Jiangsu Huafeng Aluminum Industry Co., 

Ltd.; and Jiangsu Zhongji Lamination Materials Co., 

(HK) Ltd. 

10As discussed in the Preliminary Decision 

Memorandum, the Department preliminarily finds 

that Manakin Industries and Suzhou Manakin 

Aluminum Processing Technology Co., Ltd., 

effectively function by joint operation as a trading 

company. Therefore, the rate for Manakin Industries 

also applies to Suzhou Manakin Aluminum 

Processing Technology Co., Ltd. For additional 

information, see Preliminary Decision 

Memorandum. 

producers and exporters of certain 

aluminum foil (aluminum foil) from the 

People’s Republic of China (PRC). The 

period of investigation is January 1, 

2016, through December 31, 2016. 

DATES: August 14, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

Corrigan at (202) 482–7438, AD/CVD 

Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Washington, DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). The Department published the 

notice of initiation of this investigation 

on March 30, 2017.1 On May 17, 2017, 

the Department postponed the 

preliminary determination of this 

investigation and the revised deadline is 

now August 7, 2017.2 For a complete 

description of the events that followed 

the initiation of this investigation, see 

the Preliminary Decision 

Memorandum.3 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II 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, and is available to all 

parties in the Central Records Unit, 

room B8024 of the main Department of 

Commerce building. In addition, a 

complete version of the Preliminary 

Decision Memorandum can be accessed 

directly at http://enforcement.trade.gov/ 

frn/. The signed and electronic versions 

of the Preliminary Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The product covered by this 

investigation is aluminum foil from the 

PRC. For a complete description of the 

scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the preamble to 

the Department’s regulations,4 the 

Initiation Notice set aside a period of 

time for parties to raise issues regarding 

product coverage, (i.e., scope).5 Certain 

interested parties commented on the 

scope of the investigation as it appeared 

in the Initiation Notice as well as 

additional language proposed by the 

Department. The Department intends to 

issue its preliminary decision regarding 

comments concerning the scope of the 

antidumping duty (AD) and 

countervailing duty (CVD) 

investigations in the preliminary 

determination of the companion AD 

investigation. 

Methodology 

The Department is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, the 

Department preliminarily determines 

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.6

The Department notes that, in making 

these findings, it relied, in part, on facts 

available and, because it finds that one 

or more respondents did not act to the 

best of their ability to respond to the 

Department’s requests for information, it 

drew an adverse inference where 

appropriate in selecting from among the 

facts otherwise available.7 For further 

information, see ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ in the Preliminary Decision 

Memorandum. 

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, the Department shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. In 

this investigation, the Department 

preliminarily assigned rates based 

entirely on facts available to Loften 

Aluminum (Hong Kong) Limited (Loften 

HK), as well as Manakin Industries, LLC 

(Manakin Industries). Therefore, the 

only rates that are not zero, de minimis, 

or based entirely on facts otherwise 

available, are the rates calculated for 

Dingsheng Aluminum Industries (Hong 

Kong) Trading Co., Ltd. (Dingsheng HK) 

and Jiangsu Zhongji Lamination 

Materials Co., Ltd. (Zhongji). 

Consequently, a simple average of the 

rates calculated for Dingsehng HK and 

Zhongji is also assigned as the rate for 

all-other producers and exporters. 

Preliminary Determination 

The Department preliminarily 

determines that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent) 

Dingsheng Aluminum Industries 

(Hong Kong) Trading Co., 

Ltd 8 ......................................... 28.33 

Jiangsu Zhongji Lamination Materials Co., Ltd 9 ...................... 16.56 

Loften Aluminum (Hong Kong) 

Limited ..................................... 80.97 

Manakin Industries, LLC 10 ......... 80.97 

All-Others .................................... 22.45 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, the 

Department will direct U.S. Customs 

and Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in the scope 

of the investigation section entered, or 

withdrawn from warehouse, for 

consumption on or after the date of 

publication of this notice in the Federal 


sradovich on DSK3GMQ082PROD with NOTICES
37846 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices 

11See 19 CFR 351.309; see also 19 CFR 351.303 

(for general filing requirements). 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews; 82 FR 

35749 (August 2, 2017) (June Initiation Notice). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews; 82 FR 

31292 (June 6, 2016) (May Initiation Notice). 

3See June Initiation Notice, 82 FR at 35749. 

Register. Further, pursuant to 19 CFR 

351.205(d), the Department will instruct 

CBP to require a cash deposit equal to 

the rates indicated above. 

Disclosure 

The Department intends to disclose 

its calculations and analysis performed 

to interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice in accordance 

with 19 CFR 351.224(b). 

Verification 

As provided in section 782(i)(1) of the 

Act, the Department intends to verify 

the information relied upon in making 

its final determination. 

Public Comment 

Case briefs or other written comments 

may be submitted to the Assistant 

Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. Rebuttal briefs, limited to 

issues raised in case briefs, may be 

submitted no later than five days after 

the deadline date for case briefs.11

Pursuant to 19 CFR 351.309(c)(2) and 

(d)(2), parties who submit case briefs or 

rebuttal briefs in this investigation 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. 

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing, limited to issues raised in the 

case and rebuttal briefs, 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. Requests 

should contain the party’s name, 

address, and telephone number, the 

number of participants, and a list of the 

issues to be discussed. If a request for 

a hearing is made, the Department 

intends to hold the hearing at the U.S. 

Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230, at a time and date to be 

determined. Parties should confirm by 

telephone the date, time, and location of 

the hearing two days before the 

scheduled date. 

International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, the Department will notify the 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: August 7, 2017. 

Carole Showers, 

Executive Director, Office of Policy, 

performing the duties of Deputy Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation 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. 

Excluded from the scope of this 

investigation is aluminum foil that is backed 

with paper, paperboard, plastics, or similar 

backing materials on only one side 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 investigation 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 this proceeding 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 this proceeding is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Scope of the Investigation 

V. Injury Test 

VI. Application of the CVD Law to Imports 

From the PRC 

VII. Subsidies Valuation 

VIII. Benchamrks and Interest Rates 

IX. Use of Facts Otherwise Available and 

Adverse Inferences 

X. Analysis of Programs 

XI. ITC Notification 

XII. Disclosure and Public Comment 

XIII. Verification 

XIV. Conclusion 

[FR Doc. 2017–17113 Filed 8–11–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Marcia E. Short, Office of AD/CVD 

Operations, Customs Liaison Unit, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW., Washington, 

DC 20230, telephone: (202) 482–1560. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2017, the Department of 

Commerce (the Department) published 

the June Initiation Notice 1 in which the 

Department inadvertently initiated an 

antidumping duty administrative review 

of Polyester Staple Fiber from Taiwan 

(A–583–833) covering the period May 1, 

2016, through April 30, 2017. The 

Department did not intend to initiate a 

review with respect to this order. 

Instead, the Department intended to 

correct the May Initiation Notice 2 in 

which the Department inadvertently 

included TFM North America, Inc. in 

the initiation notice with respect to the 

antidumping duty administrative review 

of Certain Stillbenic Optical Brightening 

Agents (A–583–848) covering the period 

May 1, 2016 through April 30, 2017. 

The Department only intended to 

initiate a review with respect to Teh 

Fong Min International Co. Ltd. In 

addition, in the June Initiation Notice 

the Department misspelt Teh Fong Min 

International Co. Ltd. as The Fong Min 

International Co. Ltd.3 This notice 

serves as a correction to the June 

Initiation Notice. 


sradovich on DSK3GMQ082PROD with NOTICES