82 FR 16162 - Certain Aluminum Foil From the People's Republic of China: Notice of Initiation of Inquiry Into the Status of the People's Republic of China as a Nonmarket Economy Country Under the Antidumping and Countervailing Duty Laws

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 62 (April 3, 2017)

As part of the less-than-fair-value investigation of certain aluminum foil from the People's Republic of China (PRC), the Department of Commerce (Department) is initiating an inquiry into whether the PRC should continue to be treated as a nonmarket economy (NME) country under the antidumping and countervailing duty laws. As part of this inquiry, the Department is seeking public comment and information with respect to the factors to be considered under the Tariff Act of 1930, as amended (the Act).

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16162-16163]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06535]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[Docket No.: 170328324-7324-01; A-570-053]


Certain Aluminum Foil From the People's Republic of China: Notice 
of Initiation of Inquiry Into the Status of the People's Republic of 
China as a Nonmarket Economy Country Under the Antidumping and 
Countervailing Duty Laws

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

ACTION: Notice of initiation and request for public comment and 
information.

-----------------------------------------------------------------------

SUMMARY: As part of the less-than-fair-value investigation of certain 
aluminum foil from the People's Republic of China (PRC), the Department 
of Commerce (Department) is initiating an inquiry into whether the PRC 
should continue to be treated as a nonmarket economy (NME) country 
under the antidumping and countervailing duty laws. As part of this 
inquiry, the Department is seeking public comment and information with 
respect to the factors to be considered under the Tariff Act of 1930, 
as amended (the Act).

DATES: To be assured of consideration, written comments and information 
must be received no later than May 3, 2017.

ADDRESSES: You may submit comments and information by either of the 
following methods:
     Federal eRulemaking Portal: www.Regulations.gov. The 
identification number is ITA-2017-0002.
     Postal Mail/Commercial Delivery to Leah Wils-Owens, 
Department of

[[Page 16163]]

Commerce, Enforcement and Compliance, Room 3720, 1401 Constitution 
Avenue NW., Washington, DC and reference ``Inquiry Into the Status of 
the People's Republic of China as a Nonmarket Economy Country Under the 
Antidumping and Countervailing Duty Laws, ITA-2017-0002'' in the 
subject line.
    Instructions: You must submit comments by one of the above methods 
to ensure that the comments are received and considered. Comments sent 
by any other method, to any other address or individual, or received 
after the end of the comment period, may not be considered. All 
comments and information received are a part of the public record and 
will generally be posted to http://www.regulations.gov without change. 
All Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. Any comments and information must be in English 
or be accompanied by English translations to be considered. The 
Department will accept anonymous comments (enter ``N/A'' in the 
required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only. Supporting documents and any comments we receive 
on this docket may be viewed at http://www.regulations.gov/ITA-2017-0002.

FOR FURTHER INFORMATION CONTACT: Albert Hsu at (202) 482-4491 or Daniel 
Calhoun at (202) 482-1439.

SUPPLEMENTARY INFORMATION:

Background

    Section 771(18)(A) of the Act defines the term ``nonmarket economy 
country'' as any foreign country determined by the Department not to 
``operate on market principles of cost or pricing structures, so that 
sales of merchandise in such country do not reflect the fair value of 
the merchandise.''
    The Department has treated the PRC as an NME country in all past 
antidumping duty investigations and administrative reviews. See, e.g., 
Seamless Refined Copper Pipe and Tube From the People's Republic of 
China: Preliminary Results and Partial Rescission of Administrative 
Review; 2012-2013, 79 FR 71089 (December 1, 2014), unchanged in 
Seamless Refined Copper Pipe and Tube From the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 2012-
2013, 80 FR 32087 (June 5, 2015); Notice of Final Determination of 
Sales at Less Than Fair Value, and Affirmative Critical Circumstances, 
In Part: Certain Lined Paper Products From the People's Republic of 
China, 71 FR 53079 (September 8, 2006); Final Determination of Sales at 
Less than Fair Value: Certain Paper Clips from the People's Republic of 
China, 59 FR 51168 (October 7, 1994). The Department last reviewed the 
PRC's NME status in 2006 and determined to continue to treat the PRC as 
an NME country. See Memorandum for David M. Spooner, Assistant 
Secretary for Import Administration, ``Antidumping Duty Investigation 
of Certain Lined Paper Products from the People's Republic of China 
(`China')--China's Status as a Non-Market Economy (`NME')'' (August 30, 
2006) (2006 PRC NME Determination), available at http://enforcement.trade.gov/download/prc-nme-status/prc-lined-paper-memo-08302006.pdf.

Initiation of Inquiry

    As part of the less-than-fair-value investigation of certain 
aluminum foil from the People's Republic of China,\1\ and pursuant to 
its authority under section 771(18)(C)(ii) of the Act, which states 
that the Department may make a determination with respect to a 
country's NME status ``at any time,'' the Department is initiating an 
inquiry into the PRC's status as an NME country. The Department intends 
to issue its final determination regarding this review of the PRC's NME 
status prior to the issuance of the Department's preliminary 
determination in this investigation.\2\
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, signed 
March 28, 2017.
    \2\ Once the Department issues its final determination regarding 
this inquiry into the PRC's status as an NME country, the Department 
will consider whether to seek additional information from interested 
parties to the investigation for purposes of calculating normal 
value.
---------------------------------------------------------------------------

    The Department is conducting this inquiry to solicit and collect 
the most recent information following the December 11, 2016, change in 
the PRC's Protocol of Accession to the World Trade Organization. This 
inquiry is being conducted solely pursuant to section 771(18) of the 
Act. Until such time that the Department's determination of the PRC as 
an NME country may be revoked as set forth in section 771(18)(C)(i) of 
the Act, the PRC remains a nonmarket economy under the antidumping and 
countervailing duty laws.

Opportunity for Public Comment and Information

    As part of this inquiry to review the PRC's NME status, the 
Department is interested in receiving public comment and information 
with respect to the PRC on the following factors enumerated by section 
771(18)(B) of the Act, which the Department must take into account in 
making a market/nonmarket economy determination:
    (i) The extent to which the currency of the foreign country is 
convertible into the currency of other countries;
    (ii) the extent to which wage rates in the foreign country are 
determined by free bargaining between labor and management;
    (iii) the extent to which joint ventures or other investments by 
firms of other foreign countries are permitted in the foreign country;
    (iv) the extent of government ownership or control of the means of 
production;
    (v) the extent of government control over allocation of resources 
and over price and output decisions of enterprises; and
    (vi) such other factors as the administering authority considers 
appropriate.

As specified above, to be assured of consideration, any comments and 
information must be received no later than May 3, 2017.
    This notice is issued and published pursuant to section 
771(18)(C)(ii) of the Act.

    Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-06535 Filed 3-31-17; 8:45 am]
 BILLING CODE 3510-DS-P