82_FR_37999 82 FR 37844 - Certain Aluminum Foil From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination

82 FR 37844 - Certain Aluminum Foil From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range37844-37846
FR Document2017-17113

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (PRC). The period of investigation is January 1, 2016, through December 31, 2016.

Federal Register, Volume 82 Issue 155 (Monday, August 14, 2017)
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Notices]
[Pages 37844-37846]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17113]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to

[[Page 37845]]

producers and exporters of certain aluminum foil (aluminum foil) from 
the People's Republic of China (PRC). The period of investigation is 
January 1, 2016, through December 31, 2016.

DATES: August 14, 2017.

FOR FURTHER INFORMATION CONTACT: John Corrigan at (202) 482-7438, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). The Department 
published the notice of initiation of this investigation on March 30, 
2017.\1\ On May 17, 2017, the Department postponed the preliminary 
determination of this investigation and the revised deadline is now 
August 7, 2017.\2\ For a complete description of the events that 
followed the initiation of this investigation, see the Preliminary 
Decision Memorandum.\3\ A list of topics discussed in the Preliminary 
Decision Memorandum is included as Appendix II to this notice. The 
Preliminary Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov, and 
is available to all parties in the Central Records Unit, room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. The signed and electronic 
versions of the Preliminary Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Initiation of Countervailing Duty Investigation, 82 FR 15688 
(March 30, 2017) (Initiation Notice).
    \2\ See Certain Aluminum Foil from the People's Republic of 
China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 82 FR 22646 (May 17, 2017).
    \3\ See Decision Memorandum for the Preliminary Affirmative 
Determination: Countervailing Duty Investigation of Certain Aluminum 
Foil from the People's Republic of China,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is aluminum foil from the 
PRC. For a complete description of the scope of this investigation, see 
Appendix I.

Scope Comments

    In accordance with the preamble to the Department's regulations,\4\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice as well as additional language proposed by the 
Department. The Department intends to issue its preliminary decision 
regarding comments concerning the scope of the antidumping duty (AD) 
and countervailing duty (CVD) investigations in the preliminary 
determination of the companion AD investigation.
---------------------------------------------------------------------------

    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, the Department preliminarily determines that there is 
a subsidy, i.e., a financial contribution by an ``authority'' that 
gives rise to a benefit to the recipient, and that the subsidy is 
specific.\6\
---------------------------------------------------------------------------

    \6\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    The Department notes that, in making these findings, it relied, in 
part, on facts available and, because it finds that one or more 
respondents did not act to the best of their ability to respond to the 
Department's requests for information, it drew an adverse inference 
where appropriate in selecting from among the facts otherwise 
available.\7\ For further information, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

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

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, the Department shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act. In this investigation, the Department 
preliminarily assigned rates based entirely on facts available to 
Loften Aluminum (Hong Kong) Limited (Loften HK), as well as Manakin 
Industries, LLC (Manakin Industries). Therefore, the only rates that 
are not zero, de minimis, or based entirely on facts otherwise 
available, are the rates calculated for Dingsheng Aluminum Industries 
(Hong Kong) Trading Co., Ltd. (Dingsheng HK) and Jiangsu Zhongji 
Lamination Materials Co., Ltd. (Zhongji). Consequently, a simple 
average of the rates calculated for Dingsehng HK and Zhongji is also 
assigned as the rate for all-other producers and exporters.

Preliminary Determination

    The Department preliminarily determines that the following 
estimated countervailable subsidy rates exist:

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd         28.33
 \8\........................................................
Jiangsu Zhongji Lamination Materials Co., Ltd \9\...........       16.56
Loften Aluminum (Hong Kong) Limited.........................       80.97
Manakin Industries, LLC \10\................................       80.97
All-Others..................................................       22.45
------------------------------------------------------------------------

Suspension of Liquidation
---------------------------------------------------------------------------

    \8\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Dingsheng HK: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; 
Hangzhou Teemful Aluminum Co., Ltd.; Hangzhou Five Star Aluminum 
Co., Ltd.; Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang Longding 
Aluminum Co., Ltd.; Hangzhou Dingsheng Industrial Group Co., Ltd.; 
Hangzhou Dingsheng Import & Export Co., Ltd.; and Walson (HK) 
Trading Co., Limited.
    \9\ As discussed in the Preliminary Decision Memorandum, the 
Department has found the following companies to be cross-owned with 
Zhongji: Shantou Wanshun Package Material Stock Co., Ltd.; Jiangsu 
Huafeng Aluminum Industry Co., Ltd.; and Jiangsu Zhongji Lamination 
Materials Co., (HK) Ltd.
    \10\ As discussed in the Preliminary Decision Memorandum, the 
Department preliminarily finds that Manakin Industries and Suzhou 
Manakin Aluminum Processing Technology Co., Ltd., effectively 
function by joint operation as a trading company. Therefore, the 
rate for Manakin Industries also applies to Suzhou Manakin Aluminum 
Processing Technology Co., Ltd. For additional information, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal

[[Page 37846]]

Register. Further, pursuant to 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the rates indicated 
above.

Disclosure

    The Department intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, the Department intends 
to verify the information relied upon in making its final 
determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, the Department will 
notify the International Trade Commission (ITC) of its determination. 
If the final determination is affirmative, the ITC will determine 
before the later of 120 days after the date of this preliminary 
determination or 45 days after the final determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: August 7, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy 
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is aluminum foil 
having a thickness of 0.2 mm or less, in reels exceeding 25 pounds, 
regardless of width. Aluminum foil is made from an aluminum alloy 
that contains more than 92 percent aluminum. Aluminum foil may be 
made to ASTM specification ASTM B479, but can also be made to other 
specifications. Regardless of specification, however, all aluminum 
foil meeting the scope description is included in the scope.
    Excluded from the scope of this investigation is aluminum foil 
that is backed with paper, paperboard, plastics, or similar backing 
materials on only one side of the aluminum foil, as well as etched 
capacitor foil and aluminum foil that is cut to shape.
    Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above. The products under investigation are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 
7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise 
that falls within the scope of this proceeding may also be entered 
into the United States under HTSUS subheadings 7606.11.3060, 
7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 
7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 
7606.92.6080. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the 
scope of this proceeding is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Application of the CVD Law to Imports From the PRC
VII. Subsidies Valuation
VIII. Benchamrks and Interest Rates
IX. Use of Facts Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion

[FR Doc. 2017-17113 Filed 8-11-17; 8:45 am]
 BILLING CODE 3510-DS-P



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

                                                a request made by the petitioner.10                     Register. Further, pursuant to 19 CFR                 its determination. If the final
                                                Consequently, the final CVD                             351.205(d), the Department will instruct              determination is affirmative, the ITC
                                                determination will be issued on the                     CBP to require a cash deposit equal to                will make its final injury determination
                                                same date as the final AD                               the rates indicated above.                            before the later of 120 days after the date
                                                determinations for Australia, Brazil, and                                                                     of this preliminary determination or 45
                                                                                                        Disclosure
                                                Norway, which are currently scheduled                                                                         days after the final determination.
                                                to be issued no later than December 18,                   The Department intends to disclose to
                                                                                                        interested parties its calculations and               Notification to Interested Parties
                                                2017, unless postponed.
                                                                                                        analysis performed in this preliminary                  This determination is issued and
                                                All-Others Rate                                         determination within five days of its                 published pursuant to sections 703(f)
                                                  Sections 703(d) and 705(c)(5)(A) of                   public announcement, or if there is no                and 777(i) of the Act and 19 CFR
                                                the Act provide that in the preliminary                 public announcement, within five days                 351.205(c).
                                                determination, the Department shall                     of the publication date of this notice in               Dated: August 7, 2017.
                                                determine an estimated all-others rate                  accordance with 19 CFR 351.224(b).                    Carole Showers,
                                                for companies not individually                                                                                Executive Director, Office of Policy,
                                                                                                        Verification
                                                examined. This rate shall be an amount                                                                        performing the duties of Deputy Assistant
                                                equal to the weighted average of the                       As provided in section 782(i)(1) of the            Secretary for Enforcement and Compliance.
                                                estimated subsidy rates established for                 Act, the Department intends to verify
                                                those companies individually                            the information relied upon in making                 Appendix I
                                                examined, excluding any zero and de                     its final determination.                              Scope of the Investigation
                                                minimis rates and any rates based                       Public Comment                                           The scope of these investigation covers all
                                                entirely under section 776 of the Act.                                                                        forms and sizes of silicon metal, including
                                                  The Department calculated an                                Case briefs or other written comments           silicon metal powder. Silicon metal contains
                                                individual estimated countervailable                       may be submitted to the Assistant                  at least 85.00 percent but less than 99.99
                                                subsidy rate for Simcoa Operations Pty.                    Secretary for Enforcement and                      percent silicon, and less than 4.00 percent
                                                Ltd. (Simcoa), the only individually                       Compliance at a date to be determined.             iron, by actual weight. Semiconductor grade
                                                examined producer/exporter in this                         Rebuttal briefs, limited to issues raised          silicon (merchandise containing at least
                                                                                                           in case briefs, may be submitted no later          99.99 percent silicon by actual weight and
                                                investigation. Because the only
                                                                                                           than five days after the deadline date for         classifiable under Harmonized Tariff
                                                individually calculated rate is not zero,                                                                     Schedule of the United States (HTSUS)
                                                de minimis, or based entirely on facts                     case briefs.12 Pursuant to 19 CFR                  subheading 2804.61.0000) is excluded from
                                                otherwise available, the estimated                         351.309(c)(2) and (d)(2), parties who              the scope of these investigations.
                                                weighted-average rate calculated for                       submit case briefs or rebuttal briefs in              Silicon metal is currently classifiable
                                                Simcoa is the rate assigned to all-other                   this investigation are encouraged to               under subheadings 2804.69.1000 and
                                                producers and exporters, pursuant to                       submit with each argument: (1) A                   2804.69.5000 of the HTSUS. While HTSUS
                                                section 705(c)(5)(A)(i) of the Act.                        statement of the issue; (2) a brief                numbers are provided for convenience and
                                                                                                           summary of the argument; and (3) a                 customs purposes, the written description of
                                                Preliminary Determination                                  table of authorities.                              the scope remains dispositive.
                                                   The Department preliminarily                               Pursuant to 19 CFR 351.310(c),                  Appendix II
                                                determines that the following estimated interested parties who wish to request a
                                                                                                                                                              List of Topics Discussed in the Preliminary
                                                countervailable subsidy rates exist:                       hearing, limited to issues raised in the           Decision Memorandum
                                                                                                           case and rebuttal briefs, must submit a
                                                                                                 Subsidy   written request to the Assistant                   I. Summary
                                                             Company                              rate                                                        II. Background
                                                                                                           Secretary for Enforcement and                      III. Scope Comments
                                                                                                (percent)
                                                                                                           Compliance, U.S. Department of                     IV. Alignment
                                                Simcoa Operations Pty Ltd 11 .....                   16.23 Commerce within 30 days after the date             V. Injury Test
                                                All-Others ....................................      16.23 of publication of this notice. Requests            VI. Subsidies Valuation
                                                                                                           should contain the party’s name,                   VII. Analysis of Programs
                                                Suspension of Liquidation                                  address, and telephone number, the                 VIII. Conclusion
                                                                                                           number of participants, whether any                [FR Doc. 2017–17116 Filed 8–11–17; 8:45 am]
                                                   In accordance with section
                                                                                                           participant is a foreign national, and a           BILLING CODE 3510–DS–P
                                                703(d)(1)(B) and (d)(2) of the Act, the
                                                                                                           list of the issues to be discussed. If a
                                                Department will direct U.S. Customs
                                                                                                           request for a hearing is made, the
                                                and Border Protection (CBP) to suspend                                                                        DEPARTMENT OF COMMERCE
                                                                                                           Department intends to hold the hearing
                                                liquidation of entries of subject
                                                                                                           at the U.S. Department of Commerce,
                                                merchandise as described in the scope                                                                         International Trade Administration
                                                                                                           1401 Constitution Avenue NW.,
                                                of the investigation section entered, or
                                                                                                           Washington, DC 20230, at a time and                [C–570–054]
                                                withdrawn from warehouse, for
                                                                                                           date to be determined. Parties should
                                                consumption on or after the date of
                                                                                                           confirm by telephone the date, time, and           Certain Aluminum Foil From the
                                                publication of this notice in the Federal
                                                                                                           location of the hearing two days before            People’s Republic of China:
                                                                                                           the scheduled date.                                Preliminary Affirmative Countervailing
                                                  10  See Letter from the petitioner, ‘‘Silicon Metal
                                                from Australia, Brazil, and Kazakhstan;                                                                       Duty Determination
                                                                                                        International Trade Commission
sradovich on DSK3GMQ082PROD with NOTICES




                                                Countervailing Duty Investigations; Request for
                                                Alignment of Final Determinations,’’ dated July 10,
                                                                                                        Notification                                          AGENCY:  Enforcement and Compliance,
                                                2017.                                                     In accordance with section 703(f) of                International Trade Administration,
                                                   11 As discussed in the Preliminary Decision
                                                                                                        the Act, the Department will notify the               Department of Commerce.
                                                Memorandum, the Department has found the                                                                      SUMMARY: The Department of Commerce
                                                following companies to be cross-owned with              International Trade Commission (ITC) of
                                                Simcoa: Silicon Metal Company of Australia Pty
                                                                                                                                                              (the Department) preliminarily
                                                Ltd., Microsilica Pty Ltd., and Simcoa International       12 See 19 CFR 351.309; see also 19 CFR 351.303     determines that countervailable
                                                Pty Ltd.                                                (for general filing requirements).                    subsidies are being provided to


                                           VerDate Sep<11>2014   16:45 Aug 11, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\14AUN1.SGM   14AUN1


                                                                             Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices                                                                 37845

                                                producers and exporters of certain                      scope of this investigation, see                       entirely on facts available to Loften
                                                aluminum foil (aluminum foil) from the                  Appendix I.                                            Aluminum (Hong Kong) Limited (Loften
                                                People’s Republic of China (PRC). The                                                                          HK), as well as Manakin Industries, LLC
                                                                                                        Scope Comments
                                                period of investigation is January 1,                                                                          (Manakin Industries). Therefore, the
                                                2016, through December 31, 2016.                           In accordance with the preamble to                  only rates that are not zero, de minimis,
                                                DATES: August 14, 2017.
                                                                                                        the Department’s regulations,4 the                     or based entirely on facts otherwise
                                                                                                        Initiation Notice set aside a period of                available, are the rates calculated for
                                                FOR FURTHER INFORMATION CONTACT: John                   time for parties to raise issues regarding             Dingsheng Aluminum Industries (Hong
                                                Corrigan at (202) 482–7438, AD/CVD                      product coverage, (i.e., scope).5 Certain              Kong) Trading Co., Ltd. (Dingsheng HK)
                                                Operations, Enforcement and                             interested parties commented on the                    and Jiangsu Zhongji Lamination
                                                Compliance, International Trade                         scope of the investigation as it appeared              Materials Co., Ltd. (Zhongji).
                                                Administration, U.S. Department of                      in the Initiation Notice as well as                    Consequently, a simple average of the
                                                Commerce, 1401 Constitution Avenue                      additional language proposed by the                    rates calculated for Dingsehng HK and
                                                NW., Washington, DC 20230.                              Department. The Department intends to                  Zhongji is also assigned as the rate for
                                                SUPPLEMENTARY INFORMATION:                              issue its preliminary decision regarding               all-other producers and exporters.
                                                Background                                              comments concerning the scope of the
                                                                                                        antidumping duty (AD) and                              Preliminary Determination
                                                   This preliminary determination is                    countervailing duty (CVD)                                The Department preliminarily
                                                made in accordance with section 703(b)                  investigations in the preliminary                      determines that the following estimated
                                                of the Tariff Act of 1930, as amended                   determination of the companion AD                      countervailable subsidy rates exist:
                                                (the Act). The Department published the                 investigation.
                                                notice of initiation of this investigation                                                                                                                           Subsidy
                                                on March 30, 2017.1 On May 17, 2017,                    Methodology                                                             Company                               rate
                                                the Department postponed the                                                                                                                                        (percent)
                                                                                                          The Department is conducting this
                                                preliminary determination of this                       investigation in accordance with section               Dingsheng Aluminum Industries
                                                investigation and the revised deadline is               701 of the Act. For each of the subsidy                   (Hong Kong) Trading Co.,
                                                now August 7, 2017.2 For a complete                     programs found countervailable, the                       Ltd 8 .........................................       28.33
                                                description of the events that followed                 Department preliminarily determines                    Jiangsu Zhongji Lamination Ma-
                                                the initiation of this investigation, see               that there is a subsidy, i.e., a financial                terials Co., Ltd 9 ......................             16.56
                                                the Preliminary Decision                                contribution by an ‘‘authority’’ that                  Loften Aluminum (Hong Kong)
                                                Memorandum.3 A list of topics                           gives rise to a benefit to the recipient,                 Limited .....................................         80.97
                                                                                                                                                               Manakin Industries, LLC 10 .........                     80.97
                                                discussed in the Preliminary Decision                   and that the subsidy is specific.6                     All-Others ....................................          22.45
                                                Memorandum is included as Appendix                        The Department notes that, in making
                                                II to this notice. The Preliminary                      these findings, it relied, in part, on facts
                                                                                                        available and, because it finds that one               Suspension of Liquidation
                                                Decision Memorandum is a public
                                                document and is on file electronically                  or more respondents did not act to the                    In accordance with section
                                                via Enforcement and Compliance’s                        best of their ability to respond to the                703(d)(1)(B) and (d)(2) of the Act, the
                                                Antidumping and Countervailing Duty                     Department’s requests for information, it              Department will direct U.S. Customs
                                                Centralized Electronic Service System                   drew an adverse inference where                        and Border Protection (CBP) to suspend
                                                (ACCESS). ACCESS is available to                        appropriate in selecting from among the                liquidation of entries of subject
                                                registered users at http://                             facts otherwise available.7 For further                merchandise as described in the scope
                                                access.trade.gov, and is available to all               information, see ‘‘Use of Facts                        of the investigation section entered, or
                                                parties in the Central Records Unit,                    Otherwise Available and Adverse                        withdrawn from warehouse, for
                                                room B8024 of the main Department of                    Inferences’’ in the Preliminary Decision               consumption on or after the date of
                                                Commerce building. In addition, a                       Memorandum.                                            publication of this notice in the Federal
                                                complete version of the Preliminary
                                                                                                        All-Others Rate                                           8 As discussed in the Preliminary Decision
                                                Decision Memorandum can be accessed
                                                                                                          Sections 703(d) and 705(c)(5)(A) of                  Memorandum, the Department has found the
                                                directly at http://enforcement.trade.gov/                                                                      following companies to be cross-owned with
                                                frn/. The signed and electronic versions                the Act provide that in the preliminary                Dingsheng HK: Jiangsu Dingsheng New Materials
                                                of the Preliminary Decision                             determination, the Department shall                    Joint-Stock Co., Ltd.; Hangzhou Teemful Aluminum
                                                Memorandum are identical in content.                    determine an estimated all-others rate                 Co., Ltd.; Hangzhou Five Star Aluminum Co., Ltd.;
                                                                                                        for companies not individually                         Hangzhou DingCheng Aluminum Co., Ltd.; Luoyang
                                                Scope of the Investigation                              examined. This rate shall be an amount                 Longding Aluminum Co., Ltd.; Hangzhou
                                                                                                                                                               Dingsheng Industrial Group Co., Ltd.; Hangzhou
                                                  The product covered by this                           equal to the weighted average of the                   Dingsheng Import & Export Co., Ltd.; and Walson
                                                investigation is aluminum foil from the                 estimated subsidy rates established for                (HK) Trading Co., Limited.
                                                PRC. For a complete description of the                  those companies individually                              9 As discussed in the Preliminary Decision

                                                                                                        examined, excluding any zero and de                    Memorandum, the Department has found the
                                                                                                                                                               following companies to be cross-owned with
                                                   1 See Certain Aluminum Foil from the People’s        minimis rates and any rates based                      Zhongji: Shantou Wanshun Package Material Stock
                                                Republic of China: Initiation of Countervailing Duty    entirely under section 776 of the Act. In              Co., Ltd.; Jiangsu Huafeng Aluminum Industry Co.,
                                                Investigation, 82 FR 15688 (March 30, 2017)             this investigation, the Department                     Ltd.; and Jiangsu Zhongji Lamination Materials Co.,
                                                (Initiation Notice).                                                                                           (HK) Ltd.
                                                   2 See Certain Aluminum Foil from the People’s
                                                                                                        preliminarily assigned rates based
                                                                                                                                                                  10 As discussed in the Preliminary Decision
sradovich on DSK3GMQ082PROD with NOTICES




                                                Republic of China: Postponement of Preliminary                                                                 Memorandum, the Department preliminarily finds
                                                                                                          4 See Antidumping Duties; Countervailing Duties,
                                                Determination in the Countervailing Duty                                                                       that Manakin Industries and Suzhou Manakin
                                                Investigation, 82 FR 22646 (May 17, 2017).              Final Rule, 62 FR 27296, 27323 (May 19, 1997).         Aluminum Processing Technology Co., Ltd.,
                                                   3 See Decision Memorandum for the Preliminary          5 See Initiation Notice.
                                                                                                                                                               effectively function by joint operation as a trading
                                                                                                          6 See sections 771(5)(B) and (D) of the Act
                                                Affirmative Determination: Countervailing Duty                                                                 company. Therefore, the rate for Manakin Industries
                                                Investigation of Certain Aluminum Foil from the         regarding financial contribution; section 771(5)(E)    also applies to Suzhou Manakin Aluminum
                                                People’s Republic of China,’’ dated concurrently        of the Act regarding benefit; and section 771(5A) of   Processing Technology Co., Ltd. For additional
                                                with, and hereby adopted by, this notice                the Act regarding specificity.                         information, see Preliminary Decision
                                                (Preliminary Decision Memorandum).                        7 See sections 776(a) and (b) of the Act.            Memorandum.



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                                                37846                        Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Notices

                                                Register. Further, pursuant to 19 CFR                   International Trade Commission (ITC) of               VIII. Benchamrks and Interest Rates
                                                351.205(d), the Department will instruct                its determination. If the final                       IX. Use of Facts Otherwise Available and
                                                CBP to require a cash deposit equal to                  determination is affirmative, the ITC                      Adverse Inferences
                                                the rates indicated above.                              will determine before the later of 120                X. Analysis of Programs
                                                                                                                                                              XI. ITC Notification
                                                                                                        days after the date of this preliminary               XII. Disclosure and Public Comment
                                                Disclosure
                                                                                                        determination or 45 days after the final              XIII. Verification
                                                   The Department intends to disclose                   determination.                                        XIV. Conclusion
                                                its calculations and analysis performed
                                                to interested parties in this preliminary               Notification to Interested Parties                    [FR Doc. 2017–17113 Filed 8–11–17; 8:45 am]
                                                                                                                                                              BILLING CODE 3510–DS–P
                                                determination within five days of its                     This determination is issued and
                                                public announcement, or if there is no                  published pursuant to sections 703(f)
                                                public announcement, within five days                   and 777(i) of the Act and 19 CFR
                                                                                                                                                              DEPARTMENT OF COMMERCE
                                                of the date of this notice in accordance                351.205(c).
                                                with 19 CFR 351.224(b).                                   Dated: August 7, 2017.                              International Trade Administration
                                                Verification                                            Carole Showers,
                                                                                                        Executive Director, Office of Policy,                 Initiation of Antidumping and
                                                   As provided in section 782(i)(1) of the              performing the duties of Deputy Assistant             Countervailing Duty Administrative
                                                Act, the Department intends to verify                   Secretary for Enforcement and Compliance.             Reviews
                                                the information relied upon in making
                                                its final determination.                                Appendix I                                            AGENCY:  Enforcement and Compliance,
                                                                                                        Scope of the Investigation                            International Trade Administration,
                                                Public Comment                                                                                                Department of Commerce.
                                                                                                           The merchandise covered by this
                                                   Case briefs or other written comments                investigation is aluminum foil having a               FOR FURTHER INFORMATION CONTACT:
                                                may be submitted to the Assistant                       thickness of 0.2 mm or less, in reels                 Marcia E. Short, Office of AD/CVD
                                                Secretary for Enforcement and                           exceeding 25 pounds, regardless of width.             Operations, Customs Liaison Unit,
                                                Compliance no later than seven days                     Aluminum foil is made from an aluminum                Enforcement and Compliance,
                                                after the date on which the last                        alloy that contains more than 92 percent              International Trade Administration,
                                                verification report is issued in this                   aluminum. Aluminum foil may be made to                U.S. Department of Commerce, 1401
                                                investigation. Rebuttal briefs, limited to              ASTM specification ASTM B479, but can
                                                                                                        also be made to other specifications.                 Constitution Avenue NW., Washington,
                                                issues raised in case briefs, may be                                                                          DC 20230, telephone: (202) 482–1560.
                                                                                                        Regardless of specification, however, all
                                                submitted no later than five days after                 aluminum foil meeting the scope description           SUPPLEMENTARY INFORMATION:
                                                the deadline date for case briefs.11                    is included in the scope.
                                                Pursuant to 19 CFR 351.309(c)(2) and                       Excluded from the scope of this                    Background
                                                (d)(2), parties who submit case briefs or               investigation is aluminum foil that is backed           On August 1, 2017, the Department of
                                                rebuttal briefs in this investigation are               with paper, paperboard, plastics, or similar
                                                                                                        backing materials on only one side of the             Commerce (the Department) published
                                                encouraged to submit with each
                                                                                                        aluminum foil, as well as etched capacitor            the June Initiation Notice 1 in which the
                                                argument: (1) A statement of the issue;
                                                                                                        foil and aluminum foil that is cut to shape.          Department inadvertently initiated an
                                                (2) a brief summary of the argument;
                                                                                                           Where the nominal and actual                       antidumping duty administrative review
                                                and (3) a table of authorities.                         measurements vary, a product is within the            of Polyester Staple Fiber from Taiwan
                                                   Pursuant to 19 CFR 351.310(c),                       scope if application of either the nominal or         (A–583–833) covering the period May 1,
                                                interested parties who wish to request a                actual measurement would place it within              2016, through April 30, 2017. The
                                                hearing, limited to issues raised in the                the scope based on the definitions set forth          Department did not intend to initiate a
                                                case and rebuttal briefs, must submit a                 above. The products under investigation are
                                                                                                        currently classifiable under Harmonized
                                                                                                                                                              review with respect to this order.
                                                written request to the Assistant
                                                                                                        Tariff Schedule of the United States (HTSUS)          Instead, the Department intended to
                                                Secretary for Enforcement and
                                                                                                        subheadings 7607.11.3000, 7607.11.6000,               correct the May Initiation Notice 2 in
                                                Compliance, U.S. Department of
                                                                                                        7607.11.9030, 7607.11.9060, 7607.11.9090,             which the Department inadvertently
                                                Commerce, within 30 days after the date
                                                                                                        and 7607.19.6000. Further, merchandise that           included TFM North America, Inc. in
                                                of publication of this notice. Requests                 falls within the scope of this proceeding may         the initiation notice with respect to the
                                                should contain the party’s name,                        also be entered into the United States under          antidumping duty administrative review
                                                address, and telephone number, the                      HTSUS subheadings 7606.11.3060,                       of Certain Stillbenic Optical Brightening
                                                number of participants, and a list of the               7606.11.6000, 7606.12.3045, 7606.12.3055,
                                                                                                                                                              Agents (A–583–848) covering the period
                                                issues to be discussed. If a request for                7606.12.3090, 7606.12.6000, 7606.91.3090,
                                                                                                        7606.91.6080, 7606.92.3090, and                       May 1, 2016 through April 30, 2017.
                                                a hearing is made, the Department
                                                                                                        7606.92.6080. Although the HTSUS                      The Department only intended to
                                                intends to hold the hearing at the U.S.
                                                                                                        subheadings are provided for convenience              initiate a review with respect to Teh
                                                Department of Commerce, 1401
                                                                                                        and customs purposes, the written                     Fong Min International Co. Ltd. In
                                                Constitution Avenue NW., Washington,                    description of the scope of this proceeding is        addition, in the June Initiation Notice
                                                DC 20230, at a time and date to be                      dispositive.                                          the Department misspelt Teh Fong Min
                                                determined. Parties should confirm by
                                                                                                        Appendix II                                           International Co. Ltd. as The Fong Min
                                                telephone the date, time, and location of
                                                                                                                                                              International Co. Ltd.3 This notice
                                                the hearing two days before the                         List of Topics Discussed in the Preliminary           serves as a correction to the June
                                                scheduled date.                                         Decision Memorandum                                   Initiation Notice.
sradovich on DSK3GMQ082PROD with NOTICES




                                                International Trade Commission                          I. Summary
                                                Notification                                            II. Background                                          1 See Initiation of Antidumping and
                                                                                                        III. Scope Comments                                   Countervailing Duty Administrative Reviews; 82 FR
                                                  In accordance with section 703(f) of                  IV. Scope of the Investigation                        35749 (August 2, 2017) (June Initiation Notice).
                                                the Act, the Department will notify the                 V. Injury Test                                          2 See Initiation of Antidumping and
                                                                                                        VI. Application of the CVD Law to Imports             Countervailing Duty Administrative Reviews; 82 FR
                                                   11 See 19 CFR 351.309; see also 19 CFR 351.303             From the PRC                                    31292 (June 6, 2016) (May Initiation Notice).
                                                (for general filing requirements).                      VII. Subsidies Valuation                                3 See June Initiation Notice, 82 FR at 35749.




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Document Created: 2018-10-24 11:50:47
Document Modified: 2018-10-24 11:50:47
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
DatesAugust 14, 2017.
ContactJohn Corrigan at (202) 482-7438, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 37844 

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