82_FR_15751 82 FR 15691 - Certain Aluminum Foil From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation

82 FR 15691 - Certain Aluminum Foil From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 60 (March 30, 2017)

Page Range15691-15697
FR Document2017-06389

Federal Register, Volume 82 Issue 60 (Thursday, March 30, 2017)
[Federal Register Volume 82, Number 60 (Thursday, March 30, 2017)]
[Notices]
[Pages 15691-15697]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06389]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-053]


Certain Aluminum Foil From the People's Republic of China: 
Initiation of Less-Than-Fair-Value Investigation

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


DATES: Effective March 28, 2017.

FOR FURTHER INFORMATION CONTACT: Tom Bellhouse at (202) 482-2057 or 
Steve Bezirganian at (202) 482-1131, AD/CVD Operations, Office VI, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On March 9, 2017, the Department of Commerce (the Department) 
received an antidumping duty (AD) petition concerning imports of 
certain aluminum foil (aluminum foil) from the People's Republic of 
China (PRC), filed in proper form on behalf of The Aluminum Association 
Trade Enforcement Working Group (the petitioner).\1\ The AD petition 
was accompanied by a countervailing duty (CVD) petition for aluminum 
foil from the PRC.\2\ The petitioner is a producer of aluminum foil.\3\
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    \1\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties, dated March 9, 2017 (the Petition), at 
Volumes I and II.
    \2\ Id., at Volume III.
    \3\ Id., at Volume I.
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    On March 14, 2017, the Department requested additional information 
and clarification of certain areas of the

[[Page 15692]]

Petition.\4\ The petitioner filed responses to these requests on March 
16, 2017, March 17, 2017, and March 22, 2017.\5\
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    \4\ See Letters from the Department to the petitioner entitled, 
``Petitions for the Imposition of Antidumping and Countervailing 
Duties on Imports of Certain Aluminum Foil from the People's 
Republic of China: Supplemental Questions,'' dated March 14, 2017 
(General Issues Supplemental Questionnaire); see also ``Petition for 
the Imposition of Antidumping Duties on Imports of Certain Aluminum 
Foil from the People's Republic of China: Supplemental Questions,'' 
dated March 14, 2017 (AD Supplemental Questionnaire), and Letter 
from the petitioner, ``Re: Certain Aluminum Foil from the People's 
Republic of China--Petitioners' Second Amendment to Petition to 
Modify Scope Definition,'' dated March 22, 2017 (Scope Revision).
    \5\ See Letter from the petitioner to the Department entitled, 
``Petitioners' Responses to Department's Questions on General and 
Injury Volume of Petition and Amendment to Petition to Modify Scope 
Language,'' dated March 16, 2017 (General Issues Supplement); see 
also Letter from the petitioner to the Department entitled, 
``Petitioners' Response to the Department's Supplemental 
Questionnaire Relating to Antidumping Duty Petition,'' dated March 
17, 2017 (AD Supplemental Response).
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of aluminum foil 
from the PRC are being, or are likely to be, sold in the United States 
at less than fair value within the meaning of section 731 of the Act, 
and that imports of aluminum foil from the PRC are materially injuring, 
or threaten material injury to, the domestic industry producing 
aluminum foil in the United States. Also, consistent with section 
732(b)(1) of the Act, the Petition is accompanied by information 
reasonably available to the petitioner supporting its allegations.
    The Department finds that the petitioner filed this Petition on 
behalf of the domestic industry because the petitioner is an interested 
party as defined in section 771(9)(E) of the Act. The Department also 
finds that the petitioner demonstrated sufficient industry support with 
respect to the initiation of the AD investigation that the petitioner 
is requesting.\6\
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    \6\ See the ``Determination of Industry Support for the 
Petition'' section below.
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Period of Investigation

    Because the Petition was filed on March 9, 2017, pursuant to 19 CFR 
351.204(b)(1), the period of investigation (POI) is July 1, 2016, 
through December 31, 2016.

Scope of the Investigation

    The product covered by this investigation is aluminum foil from the 
PRC. For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' in Appendix I of this notice.

Comments on Scope of the Investigation

    During our review of the Petition, we issued questions to, and 
received responses from, the petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\7\ As a result of the responses submitted by the 
petitioner, we have revised the original scope.\8\
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    \7\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement at 3-6 and Exhibit GEN-Supp. 1, and Scope 
Revision.
    \8\ See Appendix I.
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    As discussed in the preamble to the Department's regulations,\9\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (scope). The Department will consider all 
comments received from parties and, if necessary, will consult with 
parties prior to the issuance of the preliminary determination. If 
scope comments include factual information (see 19 CFR 351.102(b)(21)), 
all such factual information should be limited to public information. 
In order to facilitate preparation of its questionnaires, the 
Department requests all interested parties to submit such comments by 
5:00 p.m. Eastern Time (ET) on Tuesday, April 18, 2017. Any rebuttal 
comments, which may include factual information, must be filed by 5:00 
p.m. ET on Tuesday, April 28, 2017.
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    \9\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must also be filed on the record of the concurrent CVD 
investigation.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement & Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically 
filed document must be received successfully in its entirety by the 
time and date when it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement & Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230, and stamped with the date and time of receipt by the applicable 
deadlines.
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    \10\ See 19 CFR 351.303 (describing general filing 
requirements); see also Antidumping and Countervailing Duty 
Proceedings: Electronic Filing Procedures; Administrative Protective 
Order Procedures, 76 FR 39263 (July 6, 2011) and Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Comments on Product Characteristics for AD Questionnaires

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of aluminum foil to be 
reported in response to the Department's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors and 
costs of production accurately as well as to develop appropriate 
product-comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) General product 
characteristics and (2) product-comparison criteria. We note that it is 
not always appropriate to use all product characteristics as product-
comparison criteria. We base product-comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe aluminum foil, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, all comments must be filed 
by 5:00 p.m. ET on Wednesday, April 12, 2017. Any rebuttal comments, 
which may include factual information, must be filed by

[[Page 15693]]

5:00 p.m. ET on Wednesday, April 19, 2017. All comments and submissions 
to the Department must be filed electronically using ACCESS, as 
explained above, on the record of this less-than-fair-value 
investigation.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\11\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\12\
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    \11\ See section 771(10) of the Act.
    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigation. Based on our analysis of the information 
submitted on the record, we have determined that aluminum foil, as 
defined in the scope, constitutes a single domestic like product and we 
have analyzed industry support in terms of that domestic like 
product.\13\
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    \13\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Certain Aluminum Foil from the People's Republic of China (PRC AD 
Initiation Checklist), at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Certain Aluminum Foil from the People's Republic of China, 
(Attachment II). This checklist is dated concurrently with 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.
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    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. The petitioner provided 2016 domestic like product production 
data for U.S. producers that are known to support the Petition. The 
petitioner also estimated total 2016 production of the domestic like 
product for the remaining producers in the U.S. industry. To establish 
industry support, the petitioner compared the production of companies 
supporting the Petition to the total 2016 production of the domestic 
like product for the entire domestic industry.\14\ We relied on data 
the petitioner provided for purposes of measuring industry support.\15\
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    \14\ See Volume I of the Petition, at 4-6 and Exhibits GEN-1A 
and GEN-8.
    \15\ Id. For further discussion, see PRC AD Initiation 
Checklist, at Attachment II.
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    Our review of the data provided in the Petition and other 
information readily available to the Department indicates that the 
petitioner has established industry support for the Petition.\16\ 
First, the Petition established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, the Department is not required 
to take further action in order to evaluate industry support (e.g., 
polling).\17\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\18\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\19\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 732(b)(1) 
of the Act.
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    \16\ See PRC AD Initiation Checklist, at Attachment II.
    \17\ See section 732(c)(4)(D) of the Act; see also PRC AD 
Initiation Checklist, at Attachment II.
    \18\ See PRC AD Initiation Checklist, at Attachment II.
    \19\ Id.
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    The Department finds that the petitioner filed the Petition on 
behalf of the domestic industry because it is an interested party as 
defined in section 771(9)(E) of the Act and it has demonstrated 
sufficient industry support with respect to the AD investigation that 
it is requesting that the Department initiate.\20\
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    \20\ Id.
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Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at less than normal value (NV). In addition, the 
petitioner alleges that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\21\
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    \21\ See Volume I of the Petition, at 11 and Exhibit GEN-7.
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    The petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; decreasing U.S. shipment and 
production trends, as well as low capacity utilization rates; declines 
in production-related workers and wages paid; and deterioration in 
financial

[[Page 15694]]

performance.\22\ We have assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, and 
causation, and we have determined that these allegations are properly 
supported by adequate evidence, and meet the statutory requirements for 
initiation.\23\
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    \22\ Id., at 9-23 and Exhibits GEN-4 and GEN-7 through GEN-10.
    \23\ See PRC AD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Aluminum Foil from the People's Republic of China 
(Attachment III).
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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less 
than fair value upon which the Department based its decision to 
initiate an investigation of imports of aluminum foil from the PRC. The 
sources of data for the deductions and adjustments relating to U.S. 
price and NV are discussed in greater detail in the initiation 
checklist.

Export Price

    The petitioner based U.S. price on two offers by PRC producers for 
sales of aluminum foil produced in the PRC.\24\ The petitioner made 
deductions from U.S. price, as appropriate and consistent with sale and 
delivery terms, for unrebated value added tax, foreign inland freight 
expenses, foreign brokerage and handling expenses, ocean freight 
expenses, marine insurance expenses, U.S. duties, merchandise 
processing fees, harbor maintenance fees, and U.S inland freight 
expenses.\25\
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    \24\ See Volume II of the Petition, at 3-4 and Exhibit AD-1A, 
Exhibit AD-1B; see also AD Supplemental Response at 2, 4-6, and 
Exhibit AD-Supp. 1A, Exhibit AD-Supp. 7C.
    \25\ See Volume II of the Petition, at 4-6 and Exhibit AD-3A, 
Exhibit AD-3B, Exhibit AD-4, Exhibit AD-5, Exhibit AD-6, Exhibit AD-
7A; see also AD Supplemental Response, at 2-4 and Exhibit AD-Supp. 
4, Exhibit AD-Supp. 5, Exhibit AD-Supp. 7B.
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Normal Value

    The petitioner stated that the Department has identified the PRC as 
a non-market economy (NME) country as recently as the week before the 
petitioner filed the petition, and the Department has not since that 
time published any determination concluding the PRC is a market 
economy.\26\ In accordance with section 771(18)(C)(i) of the Act, the 
presumption of NME status remains in effect until revoked by the 
Department. The presumption of NME status for the PRC has not been 
revoked by the Department and, therefore, remains in effect for 
purposes of the initiation of this investigation. Accordingly, the NV 
of the product is appropriately based on factors of production (FOPs) 
valued in a surrogate market economy country, in accordance with 
section 773(c) of the Act.
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    \26\ See Volume II of the Petition at 1.
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    The petitioner claims that South Africa is an appropriate surrogate 
country because it is a market economy country that is at a level of 
economic development comparable to that of the PRC, it is a significant 
producer of comparable merchandise, and public information from South 
Africa is available to value all material input factors.\27\
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    \27\ See Volume II of the Petition at 1-2, 7 and Exhibit AD-2A, 
Exhibit AD-2B.
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    Based on the information provided by the petitioner, we determine 
that it is appropriate to use South Africa as a surrogate country for 
initiation purposes. Interested parties will have the opportunity to 
submit comments regarding surrogate country selection and, pursuant to 
19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit 
publicly available information to value FOPs within 30 days before the 
scheduled date of the preliminary determination.

Factors of Production

    The petitioner based the FOPs for materials, labor, and energy on 
the consumption rates of certain producers of aluminum foil in the 
United States.\28\ The petitioner asserts that the production process 
for aluminum foil is similar regardless of whether the product is 
produced in the United States or in the PRC.\29\ The petitioner valued 
the estimated factors of production using surrogate values from South 
Africa, as discussed below.\30\
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    \28\ See Volume II of the Petition at 1-2, 7-10, and Exhibit AD-
8A, Exhibit AD-8B, and AD Supplemental Response, at 6-9 and Exhibit 
AD-Supp. 9A, Exhibit AD-Supp. 9B.
    \29\ See Volume II of the Petition, at 7 and Exhibit AD-8A, 
Exhibit AD-8B.
    \30\ Id. at 2 and 7. See also AD Supplemental Response, at 
Exhibit AD-Supp. 9A, Exhibit AD-Supp. 9B.
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Valuation of Raw Materials

    The petitioner valued the FOPs for certain raw materials (i.e., 
aluminum ingot and aluminum scrap) using public import data for South 
Africa obtained from the Global Trade Atlas (GTA) applicable for the 
POI.\31\ The petitioner excluded all import values from countries 
previously determined by the Department to maintain broadly available, 
non-industry-specific export subsidies and from countries previously 
determined by the Department to be NME countries.\32\ In addition, in 
accordance with the Department's practice, the petitioner excluded 
imports that were labeled as originating from an unidentified 
country.\33\ For aluminum ingots, the petitioner added international 
freight charges (i.e., ocean freight and other shipment charges) and 
inland freight charges,\34\ but did not make any such additions for 
aluminum scrap.\35\ For one of the two sale offer products, the 
petitioner added the cost of additives used in the melting and casting 
of aluminum.\36\ Finally, the petitioner made offsets to cost for 
estimated scrap generated by the production process.\37\ The Department 
determines that the surrogate values used by the petitioner are 
reasonably available and, thus, are acceptable for purposes of 
initiation.
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    \31\ See Volume II of the Petition at 8-9 and AD Supplemental 
Response, at Exhibit AD-Supp. 10. The petitioner explained that the 
data for the months June 2016 through November 2016 were used for 
these inputs, rather than those of the actual POI (i.e., July 2016 
through December 2016), to conform with industry practices regarding 
the timing of the pricing of inputs used for production. See AD 
Supplemental Response, at 6-7, citing Exhibit AD-Supp. 1A and 
Exhibit AD-1B of Volume II of the Petition.
    \32\ See AD Supplemental Response at Exhibit AD-Supp. 10B, 
Exhibit AD-Supp. 10C.
    \33\ Id.
    \34\ See Volume II of the Petition at 8, and AD Supplemental 
Response at 7-8 and Exhibit AD-10B, Exhibit AD-10C.
    \35\ See Volume II of the Petition at 9.
    \36\ See Volume II of the Petition at 9, and AD Supplemental 
Response at 9 and Exhibit AD-Supp. 9A. The petitioner did not make 
any addition for cost of additives for the other sale offer product, 
noting the cost of additives for that product was not significant. 
See Volume II of the Petition at 9.
    \37\ See Volume II of the Petition at 9 and AD Supplemental 
Response at Exhibit AD-Supp. 9A, Exhibit AD-Supp. 9B.
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Valuation of Energy

    The petitioner valued natural gas using the average unit value of 
imports of liquid natural gas into South Africa.\38\ The petitioner 
valued electricity using electricity rates reported by Eskom, South 
Africa's electricity public utility.\39\
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    \38\ See Volume II of the Petition at 9 and Exhibit AD-11, and 
AD Supplemental Response at 8 and Exhibit AD-Supp. 11.
    \39\ See Volume II of the Petition at 10 and Exhibit AD-12.
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Valuation of Labor

    The petitioner valued labor using the most-recently-available labor 
data published by the International Labour Organization (ILO).\40\ 
Specifically, the petitioner relied on the most recently available data 
pertaining to average monthly earnings in the ``manufacturing 
industries'' sector of the South African

[[Page 15695]]

economy, indexed to the POI using South African consumer price 
information available from the International Monetary Fund (IMF).\41\
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    \40\ See Volume II of the Petition at 10 and Exhibit AD-13.
    \41\ Id.; see also AD Supplemental Response at 8 and Exhibit AD-
Supp. 13.
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Valuation of Packing Materials

    The petitioner determined the FOPs for packing materials based on 
their experience in packing their own products as well as on their 
knowledge of how PRC producers typically pack aluminum foil for export 
to the United States.\42\ For one sale offer product, the petitioner 
indicated the packing materials would be wooden crates and wooden 
pallets, and valued them based on South Africa import values.\43\ For 
the other sale offer product, the petitioner indicated that the packing 
material would be steel racks, and valued them based on South Africa 
import values.\44\ For both sale offer products, the petitioner valued 
labor expenses for packing based on the hourly rates derived from the 
aforementioned ILO earnings data.\45\
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    \42\ See Volume II of the Petition at 10, and AD Supplemental 
Response at 9 and Exhibit AD-Supp. 9A, Exhibit AD-Supp. 9B, Exhibit 
AD-Supp. 9C.
    \43\ See Volume II of the Petition at 10 and AD Supplemental 
Response at Exhibit AD-Supp. 9A. See also AD Supplemental Response 
at 9 and Exhibit AD-Supp. 9C.
    \44\ See Volume II of the Petition at 10-11 and AD Supplemental 
Response at 9 and Exhibit AD-Supp. 9B.
    \45\ See AD Supplemental Response at Exhibit AD-Supp. 9A, 
Exhibit AD-Supp. 9B.
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Valuation of Factory Overhead, Selling, General and Administrative 
Expenses, and Profit

    The petitioner calculated ratios for factory overhead, selling, 
general and administrative expenses based on the 2015 consolidated 
financial statements of Hulamin, Ltd. (Hulamin), a South African 
producer of aluminum foil.\46\ Because Hulamin had net financial income 
rather than net financial expenses, the petitioner reported financial 
expenses as zero, in accordance with Department practice.\47\ The 
petitioner calculated a profit rate for Hulamin, and multiplied that 
rate by the cost of production of each of the two sale offer products 
to obtain profit values for each. Those profit values, in turn, were 
added to the cost of production of the respective sale offer products 
to obtain cost of production plus profit for each of the sale offer 
products.\48\
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    \46\ See Volume II of the Petition at 11-12 and Exhibit AD-14, 
Exhibit AD-15, Exhibit AD-16.
    \47\ Id., at 11 and Exhibit AD-16.
    \48\ Id., at 12 and Exhibit AD-16; see also AD Supplemental 
Response at Exhibit AD-Supp. 9A, Exhibit AD-Supp. 9B.
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Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of aluminum foil from the PRC are being, or are 
likely to be, sold in the United States at less-than-fair value. Based 
on comparisons of EP to NV, in accordance with section 773(c) of the 
Act, the estimated dumping margins for aluminum foil from the PRC are 
38.40 percent and 140.21 percent.\49\
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    \49\ See AD Supplemental Response at Exhibit AD-Supp. 17A, 
Exhibit AD-Supp. 17B; see also PRC AD Initiation Checklist.
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Initiation of Less-Than-Fair-Value Investigation

    Based upon the examination of the AD Petition on aluminum foil from 
the PRC, we find that the Petition meets the requirements of section 
732 of the Act. Therefore, we are initiating an AD investigation to 
determine whether imports of aluminum foil from the PRC are being, or 
are likely to be, sold in the United States at less than fair value. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we intend to make our preliminary 
determination no later than 140 days after the date of this initiation.
    Under the Trade Preferences Extension Act of 2015, numerous 
amendments to the AD and CVD laws were made.\50\ The 2015 law does not 
specify dates of application for those amendments. On August 6, 2015, 
the Department published an interpretative rule, in which it announced 
the applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\51\ The amendments to 
sections 771(15), 773, 776, and 782 of the Act are applicable to all 
determinations made on or after August 6, 2015, and, therefore, apply 
to this AD investigation.\52\
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    \50\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \51\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
    \52\ Id. at 46794-95. The 2015 amendments may be found at 
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
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Respondent Selection

    In accordance with our standard practice for respondent selection 
in AD cases involving NME countries, we intend to issue quantity and 
value (Q&V) questionnaires to producers/exporters of merchandise 
subject to the investigation and base respondent selection on the 
responses received. For this investigation, the Department will request 
Q&V information from known exporters and producers identified, with 
complete contact information, in the Petition. In addition, the 
Department will post the Q&V questionnaire along with filing 
instructions on the Enforcement and Compliance Web site at http://www.trade.gov/enforcement/news.asp.
    Producers/exporters of aluminum foil from the PRC that do not 
receive Q&V questionnaires by mail may still submit a response to the 
Q&V questionnaire and can obtain a copy from the Enforcement & 
Compliance Web site. The Q&V response must be submitted by the relevant 
PRC exporters/producers no later than April 12, 2017. All Q&V responses 
must be filed electronically via ACCESS.

Separate Rates

    In order to obtain separate-rate status in an NME investigation, 
exporters and producers must submit a separate-rate application.\53\ 
The specific requirements for submitting a separate-rate application in 
the PRC investigation are outlined in detail in the application itself, 
which is available on the Department's Web site at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate 
application will be due 30 days after publication of this initiation 
notice.\54\ Exporters and producers who submit a separate-rate 
application and have been selected as mandatory respondents will be 
eligible for consideration for separate-rate status only if they 
respond to all parts of the Department's AD questionnaire as mandatory 
respondents. The Department requires that companies from the PRC submit 
a response to both the Q&V questionnaire and the separate-rate 
application by the respective deadlines in order to receive 
consideration for separate-rate status. Companies not filing a timely 
Q&V response will not receive separate rate consideration.
---------------------------------------------------------------------------

    \53\ See Policy Bulletin 05.1: Separate-Rates Practice and 
Application of Combination Rates in Antidumping Investigation 
involving Non-Market Economy Countries (April 5, 2005), available at 
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 
05.1).
    \54\ Although in past investigations this deadline was 60 days, 
consistent with 19 CFR 351.301(a), which states that ``the Secretary 
may request any person to submit factual information at any time 
during a proceeding,'' this deadline is now 30 days.
---------------------------------------------------------------------------

Use of Combination Rates

    The Department will calculate combination rates for certain 
respondents that are eligible for a separate rate in an NME 
investigation.

[[Page 15696]]

The Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that the Department will now 
assign in its NME Investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the weighted-
average of the individually calculated rates. This practice is 
referred to as the application of ``combination rates'' because such 
rates apply to specific combinations of exporters and one or more 
producers. The cash-deposit rate assigned to an exporter will apply 
only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\55\
---------------------------------------------------------------------------

    \55\ See Policy Bulletin 05.1 at 6 (emphasis added).
---------------------------------------------------------------------------

Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the government of the PRC via ACCESS. Because of the 
particularly large number of producers/exporters identified in the 
Petition, the Department considers the service of the public version of 
the Petition to the foreign producers/exporters satisfied by delivery 
of the public version to the government of the PRC, consistent with 19 
CFR 351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of aluminum foil from the PRC are materially 
injuring or threatening material injury to a U.S. industry.\56\ A 
negative ITC determination will result in the investigation being 
terminated; \57\ otherwise, this investigation will proceed according 
to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \56\ See section 733(a) of the Act.
    \57\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). Any party, when submitting 
factual information, must specify under which subsection of 19 CFR 
351.102(b)(21) the information is being submitted \58\ and, if the 
information is submitted to rebut, clarify, or correct factual 
information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct.\59\ Time limits for 
the submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Please review the regulations prior to 
submitting factual information in this investigation.
---------------------------------------------------------------------------

    \58\ See 19 CFR 351.301(b).
    \59\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351 expires. For submissions that 
are due from multiple parties simultaneously, an extension request will 
be considered untimely if it is filed after 10:00 a.m. ET on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\60\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petition 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\61\ The Department intends to reject factual submissions if the 
submitting party does not comply with applicable revised certification 
requirements.
---------------------------------------------------------------------------

    \60\ See section 782(b) of the Act.
    \61\ See Certification of Factual Information to Import 
Administration during Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305. On January 22, 2008, the Department published Antidumping and 
Countervailing Duty Proceedings: Documents Submission Procedures; APO 
Procedures, 73 FR 3634 (January 22, 2008).
    Parties wishing to participate in this investigation should ensure 
that they meet the requirements of these procedures (e.g., the filing 
of letters of appearance as discussed in 19 CFR 351.103(d)).
    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: March 28, 2017.
Ronald K. Lorentzen,
Acting 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

[[Page 15697]]

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.

[FR Doc. 2017-06389 Filed 3-29-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices                                                    15691

                                                    information to value factors under 19                   and completeness of that information.30               actual measurement would place it within
                                                    CFR 351.408(c) or to measure the                        Parties are hereby reminded that revised              the scope based on the definitions set forth
                                                    adequacy of remuneration under 19 CFR                   certification requirements are in effect              above. The products under investigation are
                                                                                                            for company/government officials, as                  currently classifiable under Harmonized
                                                    351.511(a)(2); (iv) evidence placed on
                                                                                                                                                                  Tariff Schedule of the United States (HTSUS)
                                                    the record by the Department; and (v)                   well as their representatives.                        subheadings 7607.11.3000, 7607.11.6000,
                                                    evidence other than factual information                 Investigations initiated on the basis of              7607.11.9030, 7607.11.9060, 7607.11.9090,
                                                    described in (i)–(iv). The regulation                   petitions filed on or after August 16,                and 7607.19.6000. Further, merchandise that
                                                    requires any party, when submitting                     2013, and other segments of any AD or                 falls within the scope of this proceeding may
                                                    factual information, to specify under                   CVD proceedings initiated on or after                 also be entered into the United States under
                                                    which subsection of 19 CFR                              August 16, 2013, should use the formats               HTSUS subheadings 7606.11.3060,
                                                    351.102(b)(21) the information is being                 for the revised certifications provided at            7606.11.6000, 7606.12.3045, 7606.12.3055,
                                                                                                            the end of the Final Rule.31 The                      7606.12.3090, 7606.12.6000, 7606.91.3090,
                                                    submitted and, if the information is
                                                                                                            Department intends to reject factual                  7606.91.6080, 7606.92.3090, and
                                                    submitted to rebut, clarify, or correct                                                                       7606.92.6080. Although the HTSUS
                                                    factual information already on the                      submissions if the submitting party does
                                                                                                                                                                  subheadings are provided for convenience
                                                    record, to provide an explanation                       not comply with the applicable revised                and customs purposes, the written
                                                    identifying the information already on                  certification requirements.                           description of the scope of this proceeding is
                                                    the record that the factual information                 Notification to Interested Parties                    dispositive.
                                                    seeks to rebut, clarify, or correct. Time                                                                     [FR Doc. 2017–06390 Filed 3–29–17; 8:45 am]
                                                                                                              Interested parties must submit
                                                    limits for the submission of factual                                                                          BILLING CODE 3510–DS–P
                                                                                                            applications for disclosure under APO
                                                    information are addressed in 19 CFR
                                                                                                            in accordance with 19 CFR 351.305. On
                                                    351.301, which provides specific time
                                                                                                            January 22, 2008, the Department
                                                    limits based on the type of factual                     published Antidumping and                             DEPARTMENT OF COMMERCE
                                                    information being submitted. Parties                    Countervailing Duty Proceedings:
                                                    should review the regulations prior to                                                                        International Trade Administration
                                                                                                            Documents Submission Procedures;
                                                    submitting factual information in this                  APO Procedures, 73 FR 3634 (January
                                                    investigation.                                          22, 2008). Parties wishing to participate             [A–570–053]
                                                    Extension of Time Limits                                in this investigation should ensure that              Certain Aluminum Foil From the
                                                                                                            they meet the requirements of these                   People’s Republic of China: Initiation
                                                       Parties may request an extension of                  procedures (e.g., the filing of letters of            of Less-Than-Fair-Value Investigation
                                                    time limits before the expiration of a                  appearance as discussed at 19 CFR
                                                    time limit established under 19 CFR                     351.103(d)).                                          AGENCY:  Enforcement and Compliance,
                                                    351.301, or as otherwise specified by the                 This notice is issued and published                 International Trade Administration,
                                                    Secretary. In general, an extension                     pursuant to sections 702 and 777(i) of                Department of Commerce.
                                                    request will be considered untimely if it               the Act.
                                                    is filed after the expiration of the time                                                                     DATES:   Effective March 28, 2017.
                                                                                                              Dated: March 28, 2017.
                                                    limit established under 19 CFR 351.301                                                                        FOR FURTHER INFORMATION CONTACT:   Tom
                                                                                                            Ronald K. Lorentzen,
                                                    expires. For submissions that are due                                                                         Bellhouse at (202) 482–2057 or Steve
                                                                                                            Acting Assistant Secretary for Antidumping
                                                    from multiple parties simultaneously,                                                                         Bezirganian at (202) 482–1131, AD/CVD
                                                                                                            and Countervailing Duty Operations.
                                                    an extension request will be considered                                                                       Operations, Office VI, Enforcement and
                                                    untimely if it is filed after 10:00 a.m. ET             Appendix I                                            Compliance, International Trade
                                                    on the due date. Under certain                          Scope of the Investigation                            Administration, U.S. Department of
                                                    circumstances, we may elect to specify                                                                        Commerce, 1401 Constitution Avenue
                                                                                                               The merchandise covered by this
                                                    a different time limit by which                         investigation is aluminum foil having a               NW., Washington, DC 20230.
                                                    extension requests will be considered                   thickness of 0.2 mm or less, in reels                 SUPPLEMENTARY INFORMATION:
                                                    untimely for submissions which are due                  exceeding 25 pounds, regardless of width.
                                                                                                            Aluminum foil is made from an aluminum                The Petition
                                                    from multiple parties simultaneously. In
                                                    such a case, we will inform parties in                  alloy that contains more than 92 percent                On March 9, 2017, the Department of
                                                                                                            aluminum. Aluminum foil may be made to
                                                    the letter or memorandum setting forth                                                                        Commerce (the Department) received an
                                                                                                            ASTM specification ASTM B479, but can
                                                    the deadline (including a specified time)               also be made to other specifications.                 antidumping duty (AD) petition
                                                    by which extension requests must be                     Regardless of specification, however, all             concerning imports of certain aluminum
                                                    filed to be considered timely. An                       aluminum foil meeting the scope description           foil (aluminum foil) from the People’s
                                                    extension request must be made in a                     is included in the scope.                             Republic of China (PRC), filed in proper
                                                    separate, stand-alone submission; under                    Excluded from the scope of this                    form on behalf of The Aluminum
                                                    limited circumstances we will grant                     investigation is aluminum foil that is backed         Association Trade Enforcement Working
                                                                                                            with paper, paperboard, plastics, or similar          Group (the petitioner).1 The AD petition
                                                    untimely-filed requests for the extension
                                                                                                            backing materials on only one side of the
                                                    of time limits. Review Extension of                     aluminum foil, as well as etched capacitor            was accompanied by a countervailing
                                                    Time Limits; Final Rule, 78 FR 57790                    foil and aluminum foil that is cut to shape.          duty (CVD) petition for aluminum foil
                                                    (September 20, 2013), available at                         Where the nominal and actual                       from the PRC.2 The petitioner is a
                                                    http://www.gpo.gov/fdsys/pkg/FR-2013-                   measurements vary, a product is within the            producer of aluminum foil.3
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    09-20/html/2013-22853.htm, prior to                     scope if application of either the nominal or            On March 14, 2017, the Department
                                                    submitting factual information in this                                                                        requested additional information and
                                                                                                              30 See section 782(b) of the Act.
                                                    investigation.                                                                                                clarification of certain areas of the
                                                                                                              31 See Certification of Factual Information to
                                                    Certification Requirements                              Import Administration During Antidumping and
                                                                                                                                                                     1 See Petitions for the Imposition of Antidumping
                                                                                                            Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                            17, 2013) (Final Rule); see also frequently asked     and Countervailing Duties, dated March 9, 2017
                                                      Any party submitting factual                                                                                (the Petition), at Volumes I and II.
                                                                                                            questions regarding the Final Rule, available at
                                                    information in an AD or CVD                             http://enforcement.trade.gov/tlei/notices/factual_       2 Id., at Volume III.
                                                    proceeding must certify to the accuracy                 info_final_rule_FAQ_07172013.pdf.                        3 Id., at Volume I.




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                                                    15692                         Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices

                                                    Petition.4 The petitioner filed responses                Comments on Scope of the Investigation                document must be received successfully
                                                    to these requests on March 16, 2017,                        During our review of the Petition, we              in its entirety by the time and date when
                                                    March 17, 2017, and March 22, 2017.5                     issued questions to, and received                     it is due. Documents excepted from the
                                                       In accordance with section 732(b) of                  responses from, the petitioner                        electronic submission requirements
                                                    the Tariff Act of 1930, as amended (the                  pertaining to the proposed scope to                   must be filed manually (i.e., in paper
                                                    Act), the petitioner alleges that imports                ensure that the scope language in the                 form) with Enforcement & Compliance’s
                                                    of aluminum foil from the PRC are                        Petition would be an accurate reflection              APO/Dockets Unit, Room 18022, U.S.
                                                    being, or are likely to be, sold in the                  of the products for which the domestic                Department of Commerce, 1401
                                                    United States at less than fair value                    industry is seeking relief.7 As a result of           Constitution Avenue NW., Washington,
                                                    within the meaning of section 731 of the                 the responses submitted by the                        DC 20230, and stamped with the date
                                                    Act, and that imports of aluminum foil                   petitioner, we have revised the original              and time of receipt by the applicable
                                                    from the PRC are materially injuring, or                 scope.8                                               deadlines.
                                                    threaten material injury to, the domestic                  As discussed in the preamble to the                 Comments on Product Characteristics
                                                    industry producing aluminum foil in                      Department’s regulations,9 we are                     for AD Questionnaires
                                                    the United States. Also, consistent with                 setting aside a period for interested
                                                    section 732(b)(1) of the Act, the Petition               parties to raise issues regarding product                The Department requests comments
                                                    is accompanied by information                            coverage (scope). The Department will                 from interested parties regarding the
                                                    reasonably available to the petitioner                   consider all comments received from                   appropriate physical characteristics of
                                                    supporting its allegations.                              parties and, if necessary, will consult               aluminum foil to be reported in
                                                                                                             with parties prior to the issuance of the             response to the Department’s AD
                                                       The Department finds that the                                                                               questionnaires. This information will be
                                                    petitioner filed this Petition on behalf of              preliminary determination. If scope
                                                                                                             comments include factual information                  used to identify the key physical
                                                    the domestic industry because the                                                                              characteristics of the subject
                                                    petitioner is an interested party as                     (see 19 CFR 351.102(b)(21)), all such
                                                                                                             factual information should be limited to              merchandise in order to report the
                                                    defined in section 771(9)(E) of the Act.                                                                       relevant factors and costs of production
                                                    The Department also finds that the                       public information. In order to facilitate
                                                                                                             preparation of its questionnaires, the                accurately as well as to develop
                                                    petitioner demonstrated sufficient                                                                             appropriate product-comparison
                                                    industry support with respect to the                     Department requests all interested
                                                                                                             parties to submit such comments by                    criteria.
                                                    initiation of the AD investigation that                                                                           Interested parties may provide any
                                                    the petitioner is requesting.6                           5:00 p.m. Eastern Time (ET) on
                                                                                                             Tuesday, April 18, 2017. Any rebuttal                 information or comments that they feel
                                                    Period of Investigation                                  comments, which may include factual                   are relevant to the development of an
                                                                                                             information, must be filed by 5:00 p.m.               accurate list of physical characteristics.
                                                      Because the Petition was filed on                      ET on Tuesday, April 28, 2017.                        Specifically, they may provide
                                                    March 9, 2017, pursuant to 19 CFR                          The Department requests that any                    comments as to which characteristics
                                                    351.204(b)(1), the period of                             factual information the parties consider              are appropriate to use as: (1) General
                                                    investigation (POI) is July 1, 2016,                     relevant to the scope of the investigation            product characteristics and (2) product-
                                                    through December 31, 2016.                               be submitted during this time period.                 comparison criteria. We note that it is
                                                                                                             However, if a party subsequently finds                not always appropriate to use all
                                                    Scope of the Investigation
                                                                                                             that additional factual information                   product characteristics as product-
                                                      The product covered by this                            pertaining to the scope of the                        comparison criteria. We base product-
                                                    investigation is aluminum foil from the                  investigation may be relevant, the party              comparison criteria on meaningful
                                                    PRC. For a full description of the scope                 may contact the Department and request                commercial differences among products.
                                                    of this investigation, see the ‘‘Scope of                permission to submit the additional                   In other words, although there may be
                                                    the Investigation,’’ in Appendix I of this               information. All such comments must                   some physical product characteristics
                                                    notice.                                                  also be filed on the record of the                    utilized by manufacturers to describe
                                                                                                             concurrent CVD investigation.                         aluminum foil, it may be that only a
                                                       4 See Letters from the Department to the                                                                    select few product characteristics take
                                                    petitioner entitled, ‘‘Petitions for the Imposition of   Filing Requirements                                   into account commercially meaningful
                                                    Antidumping and Countervailing Duties on Imports           All submissions to the Department                   physical characteristics. In addition,
                                                    of Certain Aluminum Foil from the People’s                                                                     interested parties may comment on the
                                                    Republic of China: Supplemental Questions,’’ dated
                                                                                                             must be filed electronically using
                                                    March 14, 2017 (General Issues Supplemental              Enforcement & Compliance’s                            order in which the physical
                                                    Questionnaire); see also ‘‘Petition for the Imposition   Antidumping and Countervailing Duty                   characteristics should be used in
                                                    of Antidumping Duties on Imports of Certain              Centralized Electronic Service System                 matching products. Generally, the
                                                    Aluminum Foil from the People’s Republic of                                                                    Department attempts to list the most
                                                    China: Supplemental Questions,’’ dated March 14,
                                                                                                             (ACCESS).10 An electronically filed
                                                    2017 (AD Supplemental Questionnaire), and Letter                                                               important physical characteristics first
                                                    from the petitioner, ‘‘Re: Certain Aluminum Foil            7 See General Issues Supplemental Questionnaire;   and the least important characteristics
                                                    from the People’s Republic of China—Petitioners’         see also General Issues Supplement at 3–6 and         last.
                                                    Second Amendment to Petition to Modify Scope             Exhibit GEN-Supp. 1, and Scope Revision.
                                                                                                                8 See Appendix I.
                                                                                                                                                                      In order to consider the suggestions of
                                                    Definition,’’ dated March 22, 2017 (Scope Revision).
                                                       5 See Letter from the petitioner to the Department       9 See Antidumping Duties; Countervailing Duties,   interested parties in developing and
                                                    entitled, ‘‘Petitioners’ Responses to Department’s       62 FR 27296, 27323 (May 19, 1997).                    issuing the AD questionnaire, all
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Questions on General and Injury Volume of Petition          10 See 19 CFR 351.303 (describing general filing   comments must be filed by 5:00 p.m. ET
                                                    and Amendment to Petition to Modify Scope                requirements); see also Antidumping and               on Wednesday, April 12, 2017. Any
                                                    Language,’’ dated March 16, 2017 (General Issues         Countervailing Duty Proceedings: Electronic Filing
                                                    Supplement); see also Letter from the petitioner to
                                                                                                                                                                   rebuttal comments, which may include
                                                                                                             Procedures; Administrative Protective Order
                                                    the Department entitled, ‘‘Petitioners’ Response to      Procedures, 76 FR 39263 (July 6, 2011) and            factual information, must be filed by
                                                    the Department’s Supplemental Questionnaire              Enforcement and Compliance; Change of Electronic
                                                    Relating to Antidumping Duty Petition,’’ dated           Filing System Name, 79 FR 69046 (November 20,         can be found at https://access.trade.gov/help.aspx
                                                    March 17, 2017 (AD Supplemental Response).               2014) for details of the Department’s electronic      and a handbook can be found at https://
                                                       6 See the ‘‘Determination of Industry Support for     filing requirements, which went into effect on        access.trade.gov/help/Handbook%20on%20
                                                    the Petition’’ section below.                            August 5, 2011. Information on help using ACCESS      Electronic%20Filling%20Procedures.pdf.



                                               VerDate Sep<11>2014   19:09 Mar 29, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\30MRN1.SGM   30MRN1


                                                                                  Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices                                                       15693

                                                    5:00 p.m. ET on Wednesday, April 19,                    which is like, or in the absence of like,               accounting for more than 50 percent of
                                                    2017. All comments and submissions to                   most similar in characteristics and uses                the total production of the domestic like
                                                    the Department must be filed                            with, the article subject to an                         product and, as such, the Department is
                                                    electronically using ACCESS, as                         investigation under this title.’’ Thus, the             not required to take further action in
                                                    explained above, on the record of this                  reference point from which the                          order to evaluate industry support (e.g.,
                                                    less-than-fair-value investigation.                     domestic like product analysis begins is                polling).17 Second, the domestic
                                                    Determination of Industry Support for                   ‘‘the article subject to an investigation’’             producers (or workers) have met the
                                                    the Petition                                            (i.e., the class or kind of merchandise to              statutory criteria for industry support
                                                                                                            be investigated, which normally will be                 under section 732(c)(4)(A)(i) of the Act
                                                       Section 732(b)(1) of the Act requires                the scope as defined in the Petition).                  because the domestic producers (or
                                                    that a petition be filed on behalf of the                  With regard to the domestic like                     workers) who support the Petition
                                                    domestic industry. Section 732(c)(4)(A)                 product, the petitioner does not offer a                account for at least 25 percent of the
                                                    of the Act provides that a petition meets               definition of the domestic like product                 total production of the domestic like
                                                    this requirement if the domestic                        distinct from the scope of the                          product.18 Finally, the domestic
                                                    producers or workers who support the                    investigation. Based on our analysis of                 producers (or workers) have met the
                                                    petition account for: (i) At least 25                   the information submitted on the                        statutory criteria for industry support
                                                    percent of the total production of the                  record, we have determined that                         under section 732(c)(4)(A)(ii) of the Act
                                                    domestic like product; and (ii) more                    aluminum foil, as defined in the scope,                 because the domestic producers (or
                                                    than 50 percent of the production of the                constitutes a single domestic like                      workers) who support the Petition
                                                    domestic like product produced by that                  product and we have analyzed industry                   account for more than 50 percent of the
                                                    portion of the industry expressing                      support in terms of that domestic like                  production of the domestic like product
                                                    support for, or opposition to, the                      product.13                                              produced by that portion of the industry
                                                    petition. Moreover, section 732(c)(4)(D)                   In determining whether the petitioner                expressing support for, or opposition to,
                                                    of the Act provides that, if the petition               has standing under section 732(c)(4)(A)                 the Petition.19 Accordingly, the
                                                    does not establish support of domestic                  of the Act, we considered the industry                  Department determines that the Petition
                                                    producers or workers accounting for                     support data contained in the Petition                  was filed on behalf of the domestic
                                                    more than 50 percent of the total                       with reference to the domestic like                     industry within the meaning of section
                                                    production of the domestic like product,                product as defined in the ‘‘Scope of the                732(b)(1) of the Act.
                                                    the Department shall: (i) Poll the                      Investigation,’’ in Appendix I of this                    The Department finds that the
                                                    industry or rely on other information in                notice. The petitioner provided 2016                    petitioner filed the Petition on behalf of
                                                    order to determine if there is support for              domestic like product production data                   the domestic industry because it is an
                                                    the petition, as required by                            for U.S. producers that are known to
                                                    subparagraph (A); or (ii) determine                                                                             interested party as defined in section
                                                                                                            support the Petition. The petitioner also               771(9)(E) of the Act and it has
                                                    industry support using a statistically                  estimated total 2016 production of the
                                                    valid sampling method to poll the                                                                               demonstrated sufficient industry
                                                                                                            domestic like product for the remaining                 support with respect to the AD
                                                    ‘‘industry.’’                                           producers in the U.S. industry. To
                                                       Section 771(4)(A) of the Act defines                                                                         investigation that it is requesting that
                                                                                                            establish industry support, the                         the Department initiate.20
                                                    the ‘‘industry’’ as the producers as a                  petitioner compared the production of
                                                    whole of a domestic like product. Thus,                 companies supporting the Petition to                    Allegations and Evidence of Material
                                                    to determine whether a petition has the                                                                         Injury and Causation
                                                                                                            the total 2016 production of the
                                                    requisite industry support, the statute
                                                                                                            domestic like product for the entire                       The petitioner alleges that the U.S.
                                                    directs the Department to look to
                                                                                                            domestic industry.14 We relied on data                  industry producing the domestic like
                                                    producers and workers who produce the
                                                                                                            the petitioner provided for purposes of                 product is being materially injured, or is
                                                    domestic like product. The International
                                                                                                            measuring industry support.15                           threatened with material injury, by
                                                    Trade Commission (ITC), which is                           Our review of the data provided in the
                                                    responsible for determining whether                                                                             reason of the imports of the subject
                                                                                                            Petition and other information readily                  merchandise sold at less than normal
                                                    ‘‘the domestic industry’’ has been                      available to the Department indicates
                                                    injured, must also determine what                                                                               value (NV). In addition, the petitioner
                                                                                                            that the petitioner has established                     alleges that subject imports exceed the
                                                    constitutes a domestic like product in
                                                                                                            industry support for the Petition.16 First,             negligibility threshold provided for
                                                    order to define the industry. While both
                                                                                                            the Petition established support from                   under section 771(24)(A) of the Act.21
                                                    the Department and the ITC must apply
                                                                                                            domestic producers (or workers)                            The petitioner contends that the
                                                    the same statutory definition regarding
                                                    the domestic like product,11 they do so                     13 For a discussion of the domestic like product
                                                                                                                                                                    industry’s injured condition is
                                                    for different purposes and pursuant to a                analysis in this case, see Antidumping Duty
                                                                                                                                                                    illustrated by reduced market share;
                                                    separate and distinct authority. In                     Investigation Initiation Checklist: Certain             underselling and price suppression or
                                                    addition, the Department’s                              Aluminum Foil from the People’s Republic of China       depression; lost sales and revenues;
                                                    determination is subject to limitations of              (PRC AD Initiation Checklist), at Attachment II,        decreasing U.S. shipment and
                                                                                                            Analysis of Industry Support for the Antidumping
                                                    time and information. Although this                     and Countervailing Duty Petitions Covering Certain
                                                                                                                                                                    production trends, as well as low
                                                    may result in different definitions of the              Aluminum Foil from the People’s Republic of             capacity utilization rates; declines in
                                                    like product, such differences do not                   China, (Attachment II). This checklist is dated         production-related workers and wages
                                                    render the decision of either agency                    concurrently with this notice and on file               paid; and deterioration in financial
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            electronically via ACCESS. Access to documents
                                                    contrary to law.12                                      filed via ACCESS is also available in the Central
                                                       Section 771(10) of the Act defines the               Records Unit, Room B8024 of the main Department             17 See section 732(c)(4)(D) of the Act; see also

                                                    domestic like product as ‘‘a product                    of Commerce building.                                   PRC AD Initiation Checklist, at Attachment II.
                                                                                                                14 See Volume I of the Petition, at 4–6 and             18 See PRC AD Initiation Checklist, at Attachment

                                                      11 See section 771(10) of the Act.                    Exhibits GEN–1A and GEN–8.                              II.
                                                                                                                15 Id. For further discussion, see PRC AD               19 Id.
                                                      12 See USEC, Inc. v. United States, 132 F. Supp.
                                                    2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.     Initiation Checklist, at Attachment II.                     20 Id.

                                                    v. United States, 688 F. Supp. 639, 644 (CIT 1988),         16 See PRC AD Initiation Checklist, at Attachment       21 See Volume I of the Petition, at 11 and Exhibit

                                                    aff’d 865 F.2d 240 (Fed. Cir. 1989)).                   II.                                                     GEN–7.



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                                                    15694                         Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices

                                                    performance.22 We have assessed the                     effect for purposes of the initiation of                 excluded all import values from
                                                    allegations and supporting evidence                     this investigation. Accordingly, the NV                  countries previously determined by the
                                                    regarding material injury, threat of                    of the product is appropriately based on                 Department to maintain broadly
                                                    material injury, and causation, and we                  factors of production (FOPs) valued in                   available, non-industry-specific export
                                                    have determined that these allegations                  a surrogate market economy country, in                   subsidies and from countries previously
                                                    are properly supported by adequate                      accordance with section 773(c) of the                    determined by the Department to be
                                                    evidence, and meet the statutory                        Act.                                                     NME countries.32 In addition, in
                                                    requirements for initiation.23                             The petitioner claims that South                      accordance with the Department’s
                                                                                                            Africa is an appropriate surrogate                       practice, the petitioner excluded
                                                    Allegation of Sales at Less Than Fair                   country because it is a market economy                   imports that were labeled as originating
                                                    Value                                                   country that is at a level of economic                   from an unidentified country.33 For
                                                       The following is a description of the                development comparable to that of the                    aluminum ingots, the petitioner added
                                                    allegation of sales at less than fair value             PRC, it is a significant producer of                     international freight charges (i.e., ocean
                                                    upon which the Department based its                     comparable merchandise, and public                       freight and other shipment charges) and
                                                    decision to initiate an investigation of                information from South Africa is                         inland freight charges,34 but did not
                                                    imports of aluminum foil from the PRC.                  available to value all material input                    make any such additions for aluminum
                                                    The sources of data for the deductions                  factors.27                                               scrap.35 For one of the two sale offer
                                                    and adjustments relating to U.S. price                     Based on the information provided by                  products, the petitioner added the cost
                                                    and NV are discussed in greater detail                  the petitioner, we determine that it is                  of additives used in the melting and
                                                    in the initiation checklist.                            appropriate to use South Africa as a                     casting of aluminum.36 Finally, the
                                                                                                            surrogate country for initiation                         petitioner made offsets to cost for
                                                    Export Price
                                                                                                            purposes. Interested parties will have                   estimated scrap generated by the
                                                       The petitioner based U.S. price on                   the opportunity to submit comments                       production process.37 The Department
                                                    two offers by PRC producers for sales of                regarding surrogate country selection                    determines that the surrogate values
                                                    aluminum foil produced in the PRC.24                    and, pursuant to 19 CFR                                  used by the petitioner are reasonably
                                                    The petitioner made deductions from                     351.301(c)(3)(i), will be provided an                    available and, thus, are acceptable for
                                                    U.S. price, as appropriate and consistent               opportunity to submit publicly available                 purposes of initiation.
                                                    with sale and delivery terms, for                       information to value FOPs within 30
                                                    unrebated value added tax, foreign                                                                               Valuation of Energy
                                                                                                            days before the scheduled date of the
                                                    inland freight expenses, foreign                        preliminary determination.                                 The petitioner valued natural gas
                                                    brokerage and handling expenses, ocean                                                                           using the average unit value of imports
                                                    freight expenses, marine insurance                      Factors of Production                                    of liquid natural gas into South Africa.38
                                                    expenses, U.S. duties, merchandise                        The petitioner based the FOPs for                      The petitioner valued electricity using
                                                    processing fees, harbor maintenance                     materials, labor, and energy on the                      electricity rates reported by Eskom,
                                                    fees, and U.S inland freight expenses.25                consumption rates of certain producers                   South Africa’s electricity public
                                                                                                            of aluminum foil in the United States.28                 utility.39
                                                    Normal Value
                                                                                                            The petitioner asserts that the                          Valuation of Labor
                                                       The petitioner stated that the                       production process for aluminum foil is
                                                    Department has identified the PRC as a                  similar regardless of whether the                          The petitioner valued labor using the
                                                    non-market economy (NME) country as                     product is produced in the United                        most-recently-available labor data
                                                    recently as the week before the                         States or in the PRC.29 The petitioner                   published by the International Labour
                                                    petitioner filed the petition, and the                  valued the estimated factors of                          Organization (ILO).40 Specifically, the
                                                    Department has not since that time                      production using surrogate values from                   petitioner relied on the most recently
                                                    published any determination                             South Africa, as discussed below.30                      available data pertaining to average
                                                    concluding the PRC is a market                                                                                   monthly earnings in the ‘‘manufacturing
                                                    economy.26 In accordance with section                   Valuation of Raw Materials                               industries’’ sector of the South African
                                                    771(18)(C)(i) of the Act, the                             The petitioner valued the FOPs for
                                                    presumption of NME status remains in                    certain raw materials (i.e., aluminum                    See AD Supplemental Response, at 6–7, citing
                                                                                                                                                                     Exhibit AD-Supp. 1A and Exhibit AD–1B of Volume
                                                    effect until revoked by the Department.                 ingot and aluminum scrap) using public                   II of the Petition.
                                                    The presumption of NME status for the                   import data for South Africa obtained                       32 See AD Supplemental Response at Exhibit AD-
                                                    PRC has not been revoked by the                         from the Global Trade Atlas (GTA)                        Supp. 10B, Exhibit AD-Supp. 10C.
                                                    Department and, therefore, remains in                   applicable for the POI.31 The petitioner                    33 Id.
                                                                                                                                                                        34 See Volume II of the Petition at 8, and AD

                                                       22 Id., at 9–23 and Exhibits GEN–4 and GEN–7           27 See Volume II of the Petition at 1–2, 7 and         Supplemental Response at 7–8 and Exhibit AD–
                                                    through GEN–10.                                         Exhibit AD–2A, Exhibit AD–2B.                            10B, Exhibit AD–10C.
                                                       23 See PRC AD Initiation Checklist, at Attachment      28 See Volume II of the Petition at 1–2, 7–10, and        35 See Volume II of the Petition at 9.
                                                                                                                                                                        36 See Volume II of the Petition at 9, and AD
                                                    III, Analysis of Allegations and Evidence of Material   Exhibit AD–8A, Exhibit AD–8B, and AD
                                                    Injury and Causation for the Antidumping and            Supplemental Response, at 6–9 and Exhibit AD-            Supplemental Response at 9 and Exhibit AD-Supp.
                                                    Countervailing Duty Petitions Covering Certain          Supp. 9A, Exhibit AD-Supp. 9B.                           9A. The petitioner did not make any addition for
                                                    Aluminum Foil from the People’s Republic of China         29 See Volume II of the Petition, at 7 and Exhibit     cost of additives for the other sale offer product,
                                                    (Attachment III).                                       AD–8A, Exhibit AD–8B.                                    noting the cost of additives for that product was not
                                                       24 See Volume II of the Petition, at 3–4 and           30 Id. at 2 and 7. See also AD Supplemental            significant. See Volume II of the Petition at 9.
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                                                                                                                                                                        37 See Volume II of the Petition at 9 and AD
                                                    Exhibit AD–1A, Exhibit AD–1B; see also AD               Response, at Exhibit AD-Supp. 9A, Exhibit AD-
                                                    Supplemental Response at 2, 4–6, and Exhibit AD-        Supp. 9B.                                                Supplemental Response at Exhibit AD-Supp. 9A,
                                                    Supp. 1A, Exhibit AD-Supp. 7C.                            31 See Volume II of the Petition at 8–9 and AD         Exhibit AD-Supp. 9B.
                                                       25 See Volume II of the Petition, at 4–6 and                                                                     38 See Volume II of the Petition at 9 and Exhibit
                                                                                                            Supplemental Response, at Exhibit AD-Supp. 10.
                                                    Exhibit AD–3A, Exhibit AD–3B, Exhibit AD–4,             The petitioner explained that the data for the           AD–11, and AD Supplemental Response at 8 and
                                                    Exhibit AD–5, Exhibit AD–6, Exhibit AD–7A; see          months June 2016 through November 2016 were              Exhibit AD-Supp. 11.
                                                    also AD Supplemental Response, at 2–4 and Exhibit       used for these inputs, rather than those of the actual      39 See Volume II of the Petition at 10 and Exhibit

                                                    AD-Supp. 4, Exhibit AD-Supp. 5, Exhibit AD-Supp.        POI (i.e., July 2016 through December 2016), to          AD–12.
                                                    7B.                                                     conform with industry practices regarding the               40 See Volume II of the Petition at 10 and Exhibit
                                                       26 See Volume II of the Petition at 1.               timing of the pricing of inputs used for production.     AD–13.



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                                                                                 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices                                                     15695

                                                    economy, indexed to the POI using                       Fair Value Comparisons                                this investigation, the Department will
                                                    South African consumer price                              Based on the data provided by the                   request Q&V information from known
                                                    information available from the                          petitioner, there is reason to believe that           exporters and producers identified, with
                                                    International Monetary Fund (IMF).41                    imports of aluminum foil from the PRC                 complete contact information, in the
                                                                                                            are being, or are likely to be, sold in the           Petition. In addition, the Department
                                                    Valuation of Packing Materials
                                                                                                            United States at less-than-fair value.                will post the Q&V questionnaire along
                                                      The petitioner determined the FOPs                                                                          with filing instructions on the
                                                    for packing materials based on their                    Based on comparisons of EP to NV, in
                                                                                                            accordance with section 773(c) of the                 Enforcement and Compliance Web site
                                                    experience in packing their own                                                                               at http://www.trade.gov/enforcement/
                                                    products as well as on their knowledge                  Act, the estimated dumping margins for
                                                                                                            aluminum foil from the PRC are 38.40                  news.asp.
                                                    of how PRC producers typically pack                                                                              Producers/exporters of aluminum foil
                                                    aluminum foil for export to the United                  percent and 140.21 percent.49
                                                                                                                                                                  from the PRC that do not receive Q&V
                                                    States.42 For one sale offer product, the               Initiation of Less-Than-Fair-Value                    questionnaires by mail may still submit
                                                    petitioner indicated the packing                        Investigation                                         a response to the Q&V questionnaire
                                                    materials would be wooden crates and                                                                          and can obtain a copy from the
                                                    wooden pallets, and valued them based                     Based upon the examination of the
                                                                                                            AD Petition on aluminum foil from the                 Enforcement & Compliance Web site.
                                                    on South Africa import values.43 For the                                                                      The Q&V response must be submitted
                                                    other sale offer product, the petitioner                PRC, we find that the Petition meets the
                                                                                                            requirements of section 732 of the Act.               by the relevant PRC exporters/producers
                                                    indicated that the packing material                                                                           no later than April 12, 2017. All Q&V
                                                    would be steel racks, and valued them                   Therefore, we are initiating an AD
                                                                                                            investigation to determine whether                    responses must be filed electronically
                                                    based on South Africa import values.44                                                                        via ACCESS.
                                                    For both sale offer products, the                       imports of aluminum foil from the PRC
                                                    petitioner valued labor expenses for                    are being, or are likely to be, sold in the           Separate Rates
                                                    packing based on the hourly rates                       United States at less than fair value. In
                                                                                                            accordance with section 733(b)(1)(A) of                  In order to obtain separate-rate status
                                                    derived from the aforementioned ILO                                                                           in an NME investigation, exporters and
                                                    earnings data.45                                        the Act and 19 CFR 351.205(b)(1),
                                                                                                            unless postponed, we intend to make                   producers must submit a separate-rate
                                                    Valuation of Factory Overhead, Selling,                 our preliminary determination no later                application.53 The specific requirements
                                                    General and Administrative Expenses,                    than 140 days after the date of this                  for submitting a separate-rate
                                                    and Profit                                              initiation.                                           application in the PRC investigation are
                                                       The petitioner calculated ratios for                   Under the Trade Preferences                         outlined in detail in the application
                                                    factory overhead, selling, general and                  Extension Act of 2015, numerous                       itself, which is available on the
                                                    administrative expenses based on the                    amendments to the AD and CVD laws                     Department’s Web site at http://
                                                    2015 consolidated financial statements                  were made.50 The 2015 law does not                    enforcement.trade.gov/nme/nme-sep-
                                                    of Hulamin, Ltd. (Hulamin), a South                     specify dates of application for those                rate.html. The separate-rate application
                                                    African producer of aluminum foil.46                    amendments. On August 6, 2015, the                    will be due 30 days after publication of
                                                    Because Hulamin had net financial                       Department published an interpretative                this initiation notice.54 Exporters and
                                                    income rather than net financial                        rule, in which it announced the                       producers who submit a separate-rate
                                                    expenses, the petitioner reported                       applicability dates for each amendment                application and have been selected as
                                                    financial expenses as zero, in                          to the Act, except for amendments                     mandatory respondents will be eligible
                                                    accordance with Department practice.47                  contained in section 771(7) of the Act,               for consideration for separate-rate status
                                                    The petitioner calculated a profit rate                 which relate to determinations of                     only if they respond to all parts of the
                                                    for Hulamin, and multiplied that rate by                material injury by the ITC.51 The                     Department’s AD questionnaire as
                                                    the cost of production of each of the two               amendments to sections 771(15), 773,                  mandatory respondents. The
                                                    sale offer products to obtain profit                    776, and 782 of the Act are applicable                Department requires that companies
                                                    values for each. Those profit values, in                to all determinations made on or after                from the PRC submit a response to both
                                                    turn, were added to the cost of                         August 6, 2015, and, therefore, apply to              the Q&V questionnaire and the separate-
                                                    production of the respective sale offer                 this AD investigation.52                              rate application by the respective
                                                    products to obtain cost of production                                                                         deadlines in order to receive
                                                                                                            Respondent Selection                                  consideration for separate-rate status.
                                                    plus profit for each of the sale offer
                                                    products.48                                               In accordance with our standard                     Companies not filing a timely Q&V
                                                                                                            practice for respondent selection in AD               response will not receive separate rate
                                                      41 Id.; see also AD Supplemental Response at 8        cases involving NME countries, we                     consideration.
                                                    and Exhibit AD-Supp. 13.                                intend to issue quantity and value                    Use of Combination Rates
                                                      42 See Volume II of the Petition at 10, and AD
                                                                                                            (Q&V) questionnaires to producers/
                                                    Supplemental Response at 9 and Exhibit AD-Supp.                                                                 The Department will calculate
                                                    9A, Exhibit AD-Supp. 9B, Exhibit AD-Supp. 9C.
                                                                                                            exporters of merchandise subject to the
                                                      43 See Volume II of the Petition at 10 and AD         investigation and base respondent                     combination rates for certain
                                                    Supplemental Response at Exhibit AD-Supp. 9A.           selection on the responses received. For              respondents that are eligible for a
                                                    See also AD Supplemental Response at 9 and                                                                    separate rate in an NME investigation.
                                                    Exhibit AD-Supp. 9C.                                      49 See AD Supplemental Response at Exhibit AD-
                                                      44 See Volume II of the Petition at 10–11 and AD
                                                                                                            Supp. 17A, Exhibit AD-Supp. 17B; see also PRC AD        53 See Policy Bulletin 05.1: Separate-Rates
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                                                    Supplemental Response at 9 and Exhibit AD-Supp.         Initiation Checklist.                                 Practice and Application of Combination Rates in
                                                    9B.                                                       50 See Trade Preferences Extension Act of 2015,
                                                                                                                                                                  Antidumping Investigation involving Non-Market
                                                      45 See AD Supplemental Response at Exhibit AD-
                                                                                                            Public Law 114–27, 129 Stat. 362 (2015).              Economy Countries (April 5, 2005), available at
                                                    Supp. 9A, Exhibit AD-Supp. 9B.                            51 See Dates of Application of Amendments to the    http://enforcement.trade.gov/policy/bull05-1.pdf
                                                      46 See Volume II of the Petition at 11–12 and
                                                                                                            Antidumping and Countervailing Duty Laws Made         (Policy Bulletin 05.1).
                                                    Exhibit AD–14, Exhibit AD–15, Exhibit AD–16.            by the Trade Preferences Extension Act of 2015, 80      54 Although in past investigations this deadline
                                                      47 Id., at 11 and Exhibit AD–16.                      FR 46793 (August 6, 2015) (Applicability Notice).     was 60 days, consistent with 19 CFR 351.301(a),
                                                      48 Id., at 12 and Exhibit AD–16; see also AD            52 Id. at 46794–95. The 2015 amendments may be      which states that ‘‘the Secretary may request any
                                                    Supplemental Response at Exhibit AD-Supp. 9A,           found at https://www.congress.gov/bill/114th-         person to submit factual information at any time
                                                    Exhibit AD-Supp. 9B.                                    congress/house-bill/1295/text/pl.                     during a proceeding,’’ this deadline is now 30 days.



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                                                    15696                           Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices

                                                    The Separate Rates and Combination                        information to value factors under 19                  and completeness of that information.60
                                                    Rates Bulletin states:                                    CFR 351.408(c) or to measure the                       Parties are hereby reminded that revised
                                                    {w}hile continuing the practice of assigning              adequacy of remuneration under 19 CFR                  certification requirements are in effect
                                                    separate rates only to exporters, all separate            351.511(a)(2); (iv) evidence placed on                 for company/government officials, as
                                                    rates that the Department will now assign in              the record by the Department; and (v)                  well as their representatives.
                                                    its NME Investigation will be specific to                 evidence other than factual information                Investigations initiated on the basis of
                                                    those producers that supplied the exporter                described in (i)–(iv). Any party, when                 petition filed on or after August 16,
                                                    during the period of investigation. Note,                 submitting factual information, must                   2013, and other segments of any AD or
                                                    however, that one rate is calculated for the              specify under which subsection of 19                   CVD proceedings initiated on or after
                                                    exporter and all of the producers which                   CFR 351.102(b)(21) the information is                  August 16, 2013, should use the formats
                                                    supplied subject merchandise to it during the             being submitted 58 and, if the                         for the revised certifications provided at
                                                    period of investigation. This practice applies
                                                    both to mandatory respondents receiving an
                                                                                                              information is submitted to rebut,                     the end of the Final Rule.61 The
                                                    individually calculated separate rate as well             clarify, or correct factual information                Department intends to reject factual
                                                    as the pool of non-investigated firms                     already on the record, to provide an                   submissions if the submitting party does
                                                    receiving the weighted-average of the                     explanation identifying the information                not comply with applicable revised
                                                    individually calculated rates. This practice is           already on the record that the factual                 certification requirements.
                                                    referred to as the application of ‘‘combination           information seeks to rebut, clarify, or
                                                    rates’’ because such rates apply to specific                                                                     Notification to Interested Parties
                                                                                                              correct.59 Time limits for the
                                                    combinations of exporters and one or more                 submission of factual information are                    Interested parties must submit
                                                    producers. The cash-deposit rate assigned to              addressed in 19 CFR 351.301, which                     applications for disclosure under
                                                    an exporter will apply only to merchandise                                                                       administrative protective order (APO) in
                                                                                                              provides specific time limits based on
                                                    both exported by the firm in question and                                                                        accordance with 19 CFR 351.305. On
                                                    produced by a firm that supplied the exporter
                                                                                                              the type of factual information being
                                                                                                              submitted. Please review the regulations               January 22, 2008, the Department
                                                    during the period of investigation.55
                                                                                                              prior to submitting factual information                published Antidumping and
                                                    Distribution of Copies of the Petition                    in this investigation.                                 Countervailing Duty Proceedings:
                                                      In accordance with section                                                                                     Documents Submission Procedures;
                                                                                                              Extensions of Time Limits                              APO Procedures, 73 FR 3634 (January
                                                    732(b)(3)(A) of the Act and 19 CFR
                                                    351.202(f), a copy of the public version                     Parties may request an extension of                 22, 2008).
                                                    of the Petition has been provided to the                  time limits before the expiration of a                   Parties wishing to participate in this
                                                    government of the PRC via ACCESS.                         time limit established under 19 CFR                    investigation should ensure that they
                                                    Because of the particularly large number                  351, or as otherwise specified by the                  meet the requirements of these
                                                    of producers/exporters identified in the                  Secretary. In general, an extension                    procedures (e.g., the filing of letters of
                                                    Petition, the Department considers the                    request will be considered untimely if it              appearance as discussed in 19 CFR
                                                    service of the public version of the                      is filed after the expiration of the time              351.103(d)).
                                                                                                              limit established under 19 CFR 351                       This notice is issued and published
                                                    Petition to the foreign producers/
                                                                                                              expires. For submissions that are due                  pursuant to section 777(i) of the Act.
                                                    exporters satisfied by delivery of the
                                                    public version to the government of the                   from multiple parties simultaneously,                    Dated: March 28, 2017.
                                                    PRC, consistent with 19 CFR                               an extension request will be considered                Ronald K. Lorentzen,
                                                    351.203(c)(2).                                            untimely if it is filed after 10:00 a.m. ET            Acting Assistant Secretary for Enforcement
                                                                                                              on the due date. Under certain                         and Compliance.
                                                    ITC Notification                                          circumstances, we may elect to specify
                                                                                                              a different time limit by which                        Appendix I
                                                      We will notify the ITC of our
                                                    initiation, as required by section 732(d)                 extension requests will be considered                  Scope of the Investigation
                                                    of the Act.                                               untimely for submissions which are due                    The merchandise covered by this
                                                                                                              from multiple parties simultaneously. In               investigation is aluminum foil having a
                                                    Preliminary Determinations by the ITC                     such a case, we will inform parties in                 thickness of 0.2 mm or less, in reels
                                                       The ITC will preliminarily determine,                  the letter or memorandum setting forth                 exceeding 25 pounds, regardless of width.
                                                    within 45 days after the date on which                    the deadline (including a specified time)              Aluminum foil is made from an aluminum
                                                    the Petition was filed, whether there is                  by which extension requests must be                    alloy that contains more than 92 percent
                                                                                                                                                                     aluminum. Aluminum foil may be made to
                                                    a reasonable indication that imports of                   filed to be considered timely. An                      ASTM specification ASTM B479, but can
                                                    aluminum foil from the PRC are                            extension request must be made in a                    also be made to other specifications.
                                                    materially injuring or threatening                        separate, stand-alone submission; under                Regardless of specification, however, all
                                                    material injury to a U.S. industry.56 A                   limited circumstances we will grant                    aluminum foil meeting the scope description
                                                    negative ITC determination will result                    untimely-filed requests for the extension              is included in the scope.
                                                    in the investigation being terminated; 57                 of time limits. Review Extension of                       Excluded from the scope of this
                                                    otherwise, this investigation will                        Time Limits; Final Rule, 78 FR 57790                   investigation is aluminum foil that is backed
                                                                                                              (September 20, 2013), available at                     with paper, paperboard, plastics, or similar
                                                    proceed according to statutory and                                                                               backing materials on only one side of the
                                                    regulatory time limits.                                   http://www.gpo.gov/fdsys/pkg/FR–                       aluminum foil, as well as etched capacitor
                                                                                                              2013–09–20/html/2013–22853.htm,                        foil and aluminum foil that is cut to shape.
                                                    Submission of Factual Information                         prior to submitting factual information                   Where the nominal and actual
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       Factual information is defined in 19                   in this investigation.                                 measurements vary, a product is within the
                                                    CFR 351.102(b)(21) as: (i) Evidence
                                                    submitted in response to questionnaires;                  Certification Requirements                               60 See section 782(b) of the Act.
                                                    (ii) evidence submitted in support of                       Any party submitting factual                           61 See Certification of Factual Information to
                                                    allegations; (iii) publicly available                     information in an AD or CVD                            Import Administration during Antidumping and
                                                                                                                                                                     Countervailing Duty Proceedings, 78 FR 42678 (July
                                                                                                              proceeding must certify to the accuracy                17, 2013) (Final Rule); see also frequently asked
                                                      55 See   Policy Bulletin 05.1 at 6 (emphasis added).                                                           questions regarding the Final Rule, available at
                                                      56 See   section 733(a) of the Act.                       58 See   19 CFR 351.301(b).                          http://enforcement.trade.gov/tlei/notices/factual_
                                                      57 Id.                                                    59 See   19 CFR 351.301(b)(2).                       info_final_rule_FAQ_07172013.pdf.



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                                                                                 Federal Register / Vol. 82, No. 60 / Thursday, March 30, 2017 / Notices                                                     15697

                                                    scope if application of either the nominal or           Background                                             issues which parties raised is attached
                                                    actual measurement would place it within                                                                       to this notice as an Appendix.
                                                    the scope based on the definitions set forth               For a complete description of the
                                                    above. The products under investigation are             events that followed the publication of                Final Rescission of Sunbeauty’s New
                                                    currently classifiable under Harmonized                 the Preliminary Rescission,1 see the                   Shipper Review
                                                    Tariff Schedule of the United States (HTSUS)            Issues and Decision Memorandum.2 A                        In the Preliminary Rescission, we
                                                    subheadings 7607.11.3000, 7607.11.6000,                 list of topics included in the Issues and              announced our preliminary intent to
                                                    7607.11.9030, 7607.11.9060, 7607.11.9090,               Decision Memorandum is included as
                                                    and 7607.19.6000. Further, merchandise that                                                                    rescind this review, because we found
                                                    falls within the scope of this proceeding may
                                                                                                            an Appendix to this notice. The Issues                 that Sunbeauty’s sales are non-bona fide
                                                    also be entered into the United States under            and Decision Memorandum is a public                    and could not be relied upon to
                                                    HTSUS subheadings 7606.11.3060,                         document and is on file electronically                 calculate a dumping margin. Based on
                                                    7606.11.6000, 7606.12.3045, 7606.12.3055,               via Enforcement and Compliance’s                       the Department’s complete analysis of
                                                    7606.12.3090, 7606.12.6000, 7606.91.3090,               Antidumping and Countervailing Duty                    all the information and comments on
                                                    7606.91.6080, 7606.92.3090, and                         Centralized Electronic Service System                  the record of this review, we make no
                                                    7606.92.6080. Although the HTSUS                        (ACCESS). ACCESS is available to                       changes to the Preliminary Rescission.
                                                    subheadings are provided for convenience                registered users at http://                            Accordingly, we have determined to
                                                    and customs purposes, the written                       access.trade.gov, and to all parties in the
                                                    description of the scope of this proceeding is                                                                 rescind this NSR with respect to
                                                                                                            Central Records Unit, Room B8024 of                    Sunbeauty. For a complete discussion,
                                                    dispositive.
                                                                                                            the main Department of Commerce                        see the Preliminary Bona Fides Memo,4
                                                    [FR Doc. 2017–06389 Filed 3–29–17; 8:45 am]             building. In addition, a complete                      the Final Business Proprietary Memo,5
                                                    BILLING CODE 3510–DS–P                                  version of the Issues and Decision                     and the Issues and Decision
                                                                                                            Memorandum can be accessed directly                    Memorandum.
                                                                                                            at http://enforcement.trade.gov/frn/.
                                                    DEPARTMENT OF COMMERCE                                  The signed and electronic version of the               Assessment
                                                    International Trade Administration                      Issues and Decision Memorandum are                       As the Department is rescinding this
                                                                                                            identical in content.                                  NSR, we have not calculated a
                                                                                                                                                                   company-specific dumping margin for
                                                    [A–570–863]                                             Scope of the Order
                                                                                                                                                                   Sunbeauty. Sunbeauty’s entries covered
                                                                                                               The products covered by this order                  by this NSR will be assessed at the cash
                                                    Honey From the People’s Republic of
                                                                                                            are natural honey, artificial honey                    deposit rate required at the time of
                                                    China: Final Rescission of the New
                                                                                                            containing more than 50 percent natural                entry, which is the PRC-wide rate (i.e.,
                                                    Shipper Review of Shanghai
                                                                                                            honey by weight, preparations of natural               $2.63 per kilogram).
                                                    Sunbeauty Trading Co., Ltd.
                                                                                                            honey containing more than 50 percent                  Cash Deposit Requirements
                                                    AGENCY:  Enforcement and Compliance,                    natural honey by weight and flavored
                                                                                                            honey. The subject merchandise                           Effective upon publication of this
                                                    International Trade Administration,                                                                            notice of the final rescission of the NSR
                                                    Department of Commerce.                                 includes all grades and colors of honey
                                                                                                            whether in liquid, creamed, comb, cut                  of Sunbeauty, the Department will
                                                    SUMMARY: On December 6, 2016, the                                                                              instruct U.S. Customs and Border
                                                                                                            comb, or chunk form, and whether
                                                    Department of Commerce (the                             packaged for retail or in bulk form.                   Protection to discontinue the option of
                                                    Department) published its Preliminary                                                                          posting a bond or security in lieu of a
                                                    Rescission for the new shipper review                      The merchandise subject to this order
                                                                                                                                                                   cash deposit for entries of subject
                                                    (NSR) of the antidumping duty order on                  is currently classifiable under
                                                                                                                                                                   merchandise from Sunbeauty. The
                                                    honey from the People’s Republic of                     subheadings 0409.00.00, 1702.90.90,
                                                                                                                                                                   following cash deposit requirements
                                                    China (PRC). The period of review is                    and 2106.90.99 of the Harmonized Tariff
                                                                                                                                                                   will be effective upon publication of
                                                    December 1, 2014, through November                      Schedule of the United States (HTSUS).
                                                                                                                                                                   these final results for all shipments of
                                                    30, 2015. As discussed below, we                        Although the HTSUS subheadings are
                                                                                                                                                                   subject merchandise from Sunbeauty
                                                    preliminarily determined to rescind this                provided for convenience and customs
                                                                                                                                                                   entered, or withdrawn from warehouse,
                                                    review because we found the new                         purposes, the Department’s written
                                                                                                                                                                   for consumption on or after the
                                                    shipper sales of Shanghai Sunbeauty                     description of the merchandise under
                                                                                                                                                                   publication date, as provided for by
                                                    Trading Co., Ltd. (Sunbeauty) to be non-                order is dispositive.
                                                                                                                                                                   section 751(a)(2)(C) of Tariff Act of
                                                    bona fide. Based on our analysis of the                 Analysis of Comments Received                          1930, as amended (the Act): (1) For
                                                    comments received, we make no                                                                                  subject merchandise produced and
                                                    changes to the Preliminary Rescission.                    All issues raised in the case briefs by
                                                                                                                                                                   exported by Sunbeauty, the cash deposit
                                                    Accordingly, we have determined to                      parties are addressed in the Issues and
                                                                                                                                                                   rate will continue to be the PRC-wide
                                                    rescind this NSR with respect to                        Decision Memorandum.3 A list of the
                                                    Sunbeauty.                                                                                                       4 See Memorandum to James C. Doyle, Director,
                                                                                                              1 See  Honey from the People’s Republic of China:    Office V from Carrie Bethea, International Trade
                                                    DATES:   Effective March 30, 2017.                      Preliminary Intent to Rescind New Shipper Review,      Compliance Analyst, Office V, entitled, ‘‘Bona Fides
                                                                                                            81 FR 87906, (December 6, 2016) (Preliminary           Analysis of Honey from the People’s Republic of
                                                    FOR FURTHER INFORMATION CONTACT:                        Rescission).                                           China for Shanghai Sunbeauty Trading Co., Ltd.,’’
                                                                                                               2 See Memorandum to Gary Taverman, Associate        dated November 30, 2016 (Preliminary Bona Fides
                                                    Kabir Archuletta or Carrie Bethea, AD/
                                                                                                            Deputy Assistant Secretary for Antidumping and         Memo).
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    CVD Operations, Office V, Enforcement                   Countervailing Duty Operations, from James Doyle,        5 Memorandum to the File, entitled, ‘‘Business
                                                    and Compliance, International Trade                     Director, Office V, Antidumping and Countervailing     Proprietary Information Memo for Shanghai
                                                    Administration, U.S. Department of                      Duty Operations, entitled, ‘‘Issues and Decision       Sunbeauty Trading Co., Ltd.,’’ dated concurrently
                                                    Commerce, 1401 Constitution Avenue                      Memorandum for the Final Rescission of the             with the Memorandum to Ronald K. Lorentzen from
                                                                                                            Antidumping Duty New Shipper Review of Honey           Gary Taverman, entitled, ‘‘Issues and Decision
                                                    NW., Washington, DC 20230; telephone:                   from the People’s Republic of China: Shanghai          Memorandum for the Final Rescission of the
                                                    (202) 482–2593 or (202) 482–1491,                       Sunbeauty Trading Co. Ltd.,’’ dated concurrently       Antidumping Duty New Shipper Review of Honey
                                                    respectively.                                           with, and hereby adopted by, this notice (Issues and   from the People’s Republic of China: Shanghai
                                                                                                            Decision Memorandum).                                  Sunbeauty Trading Co., Ltd.’’ (Final Business
                                                    SUPPLEMENTARY INFORMATION:                                 3 See Issues and Decision Memorandum.               Proprietary Information Memo).



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Document Created: 2017-03-30 01:35:41
Document Modified: 2017-03-30 01:35:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective March 28, 2017.
ContactTom Bellhouse at (202) 482-2057 or Steve Bezirganian at (202) 482-1131, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 15691 

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