82 FR 55633 - Aluminum Foil From China; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range		55633-55634
FR Document		2017-25240

The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701-TA-570 and 731-TA-1346 (Final) pursuant to the Tariff Act of 1930 (``the Act'') to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of aluminum foil from China, provided for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized and sold at less-than-fair-value.

Federal Register, Volume 82 Issue 224 (Wednesday, November 22, 2017)

[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Notices]
[Pages 55633-55634]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-25240]

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-570 and 731-TA-1346 (Final)]

Aluminum Foil From China; Scheduling of the Final Phase of
Countervailing Duty and Antidumping Duty Investigations

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-570 and 731-TA-1346 (Final) pursuant to the Tariff Act of 1930
(``the Act'') to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of aluminum foil from China, provided
for in subheadings 7607.11.30, 7607.11.60, 7607.11.90, and 7607.19.60
of the Harmonized Tariff Schedule of the United States, preliminarily
determined by the Department of Commerce to be subsidized and sold at
less-than-fair-value.

DATES: November 2, 2017.

FOR FURTHER INFORMATION CONTACT: Justin Enck (202-205-3363), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its Internet server
(https://www.usitc.gov). The public record for these investigations may
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, the Department of
Commerce has defined the subject merchandise as ``. . . 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)

[[Page 55634]]

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.''
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by the Department of Commerce that certain
benefits which constitute subsidies within the meaning of section 703
of the Act (19 U.S.C. 1671b) are being provided to manufacturers,
producers, or exporters in China of aluminum foil, and that such
products are being sold in the United States at less than fair value
within the meaning of section 733 of the Act (19 U.S.C. 1673b). The
investigations were requested in petitions filed on March 9, 2017, by
The Aluminum Association Trade Enforcement Working Group and its
individual members.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the Investigations and Public Service List.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Limited Disclosure of Business Proprietary Information (BPI) Under
an Administrative Protective Order (APO) and BPI Service List.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff Report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on January
25, 2018, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Thursday,
February 8, 2018, at the U.S. International Trade Commission Building.
Requests to appear at the hearing should be filed in writing with the
Secretary to the Commission on or before February 1, 2018. A nonparty
who has testimony that may aid the Commission's deliberations may
request permission to present a short statement at the hearing. All
parties and nonparties desiring to appear at the hearing and make oral
presentations should participate in a prehearing conference to be held
on February 6, 2018, at the U.S. International Trade Commission
Building, if deemed necessary. Oral testimony and written materials to
be submitted at the public hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties
must submit any request to present a portion of their hearing testimony
in camera no later than 7 business days prior to the date of the
hearing.
Written Submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of section 207.23 of the Commission's
rules; the deadline for filing is February 1, 2018. Parties may also
file written testimony in connection with their presentation at the
hearing, as provided in section 207.24 of the Commission's rules, and
posthearing briefs, which must conform with the provisions of section
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is February 15, 2018. In addition, any person who has not
entered an appearance as a party to the investigations may submit a
written statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before February 15, 2018. On March 9, 2018, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this information on or before March 13, 2018, but such
final comments must not contain new factual information and must
otherwise comply with section 207.30 of the Commission's rules. All
written submissions must conform with the provisions of section 201.8
of the Commission's rules; any submissions that contain BPI must also
conform with the requirements of sections 201.6, 207.3, and 207.7 of
the Commission's rules. The Commission's Handbook on E-Filing,
available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon
the Commission's rules with respect to electronic filing.
Additional written submissions to the Commission, including
requests pursuant to section 201.12 of the Commission's rules, shall
not be accepted unless good cause is shown for accepting such
submissions, or unless the submission is pursuant to a specific request
by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigations must be
served on all other parties to the investigations (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.

By order of the Commission.

Issued: November 16, 2017.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2017-25240 Filed 11-21-17; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices 55633

Secretary to the Commission (202–205– business information, submitted in this pursuant to the Tariff Act of 1930 (‘‘the
2000) after January 9, 2018, for investigation may be disclosed to and Act’’) to determine whether an industry
information concerning whether the used: (i) By the Commission, its in the United States is materially
hearing will be held. employees and Offices, and contract injured or threatened with material
Written Submissions: In lieu of or in personnel (a) for developing or injury, or the establishment of an
addition to participating in the hearing, maintaining the records of this or a industry in the United States is
interested parties are invited to file related proceeding, or (b) in internal materially retarded, by reason of
written submissions concerning this investigations, audits, reviews, and imports of aluminum foil from China,
investigation. All written submissions evaluations relating to the programs, provided for in subheadings 7607.11.30,
should be addressed to the Secretary, personnel, and operations of the 7607.11.60, 7607.11.90, and 7607.19.60
and should be received not later than Commission including under 5 U.S.C. of the Harmonized Tariff Schedule of
5:15 p.m., February 6, 2018. All written Appendix 3; or (ii) by U.S. government the United States, preliminarily
submissions must conform to the employees and contract personnel for determined by the Department of
provisions of section 201.8 of the cybersecurity purposes. The Commerce to be subsidized and sold at
Commission’s Rules of Practice and Commission will not otherwise disclose less-than-fair-value.
Procedure (19 CFR 201.8). Section 201.8 any confidential business information in DATES: November 2, 2017.
and the Commission’s Handbook on a manner that would reveal the FOR FURTHER INFORMATION CONTACT:
Filing Procedures https:// operations of the firm supplying the Justin Enck (202–205–3363), Office of
www.usitc.gov/secretary/documents/ information. Investigations, U.S. International Trade
handbook_on_filing_procedures.pdf Summaries of Written Submissions: Commission, 500 E Street SW.,
require that interested parties file The Commission intends to publish Washington, DC 20436. Hearing-
documents electronically on or before summaries of the positions of interested impaired persons can obtain
the filing deadline and submit eight (8) persons. Persons wishing to have a
true paper copies by 12:00 p.m. eastern information on this matter by contacting
summary of their position included in the Commission’s TDD terminal on 202–
time on the next business day. In the the report should include a summary
event that confidential treatment of a 205–1810. Persons with mobility
with their written submission. The impairments who will need special
document is requested, interested summary may not exceed 500 words,
parties must file, at the same time as the assistance in gaining access to the
should be in MS Word format or a Commission should contact the Office
eight paper copies, at least four (4) format that can be easily converted to
additional true paper copies in which of the Secretary at 202–205–2000.
MS Word, and should not include any General information concerning the
the confidential business information confidential business information. The
must be deleted (see the following Commission may also be obtained by
summary will be published as provided accessing its Internet server (https://
paragraphs for further information if it meets these requirements and is
regarding confidential business www.usitc.gov). The public record for
germane to the subject matter of the these investigations may be viewed on
information). Persons with questions investigation. The Commission will
regarding electronic filing should the Commission’s electronic docket
identify the name of the organization (EDIS) at https://edis.usitc.gov.
contact the Office of the Secretary, furnishing the summary and will
Docket Services Division (202–205– SUPPLEMENTARY INFORMATION:
include a link to the Commission’s Scope.—For purposes of these
1802). Electronic Document Information
Confidential Business Information. investigations, the Department of
System (EDIS) where the full written Commerce has defined the subject
Any submissions that contain
submission can be found. merchandise as ‘‘. . . aluminum foil
confidential business information must
also conform to the requirements of By order of the Commission. having a thickness of 0.2 mm or less, in
section 201.6 of the Commission’s Rules Issued: November 16, 2017. reels exceeding 25 pounds, regardless of
of Practice and Procedure (19 CFR Lisa R. Barton, width. Aluminum foil is made from an
201.6). Section 201.6 of the rules Secretary to the Commission. aluminum alloy that contains more than
requires that the cover of the document [FR Doc. 2017–25237 Filed 11–21–17; 8:45 am]
92 percent aluminum. Aluminum foil
and the individual pages be clearly may be made to ASTM specification
BILLING CODE 7020–02–P
marked as to whether they are the ASTM B479, but can also be made to
‘‘confidential’’ or ‘‘non-confidential’’ other specifications. Regardless of
version, and that the confidential INTERNATIONAL TRADE specification, however, all aluminum
business information is clearly COMMISSION foil meeting the scope description is
identified by means of brackets. All included in the scope.
written submissions, except for [Investigation Nos. 701–TA–570 and 731– Excluded from the scope of this
confidential business information, will TA–1346 (Final)] investigation is aluminum foil that is
be made available for inspection by backed with paper, paperboard, plastics,
Aluminum Foil From China;
interested parties. or similar backing materials on only one
Scheduling of the Final Phase of
In his request letter, the USTR stated side of the aluminum foil, as well as
Countervailing Duty and Antidumping
that his office intends to make the etched capacitor foil and aluminum foil
Duty Investigations
Commission’s report available to the that is cut to shape.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

public and asked that the Commission AGENCY: United States International Where the nominal and actual
not include any confidential business Trade Commission. measurements vary, a product is within
information or national security ACTION: Notice. the scope if application of either the
information in the report. The nominal or actual measurement would
Commission will not include any SUMMARY: The Commission hereby gives place it within the scope based on the
confidential business information in the notice of the scheduling of the final definitions set forth above. The products
report that it sends to the USTR or phase of antidumping and under investigation are currently
makes available to the public. However, countervailing duty investigation Nos. classifiable under Harmonized Tariff
all information, including confidential 701–TA–570 and 731–TA–1346 (Final) Schedule of the United States (HTSUS)

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55634 Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Notices

subheadings 7607.11.3000, Administrative Protective Order (APO) Commission’s rules. The deadline for
7607.11.6000, 7607.11.9030, and BPI Service List.—Pursuant to filing posthearing briefs is February 15,
7607.11.9060, 7607.11.9090, and section 207.7(a) of the Commission’s 2018. In addition, any person who has
7607.19.6000. Further, merchandise that rules, the Secretary will make BPI not entered an appearance as a party to
falls within the scope of this proceeding gathered in the final phase of these the investigations may submit a written
may also be entered into the United investigations available to authorized statement of information pertinent to
States under HTSUS subheadings applicants under the APO issued in the the subject of the investigations,
7606.11.3060, 7606.11.6000, investigations, provided that the including statements of support or
7606.12.3045, 7606.12.3055, application is made no later than 21 opposition to the petition, on or before
7606.12.3090, 7606.12.6000, days prior to the hearing date specified
February 15, 2018. On March 9, 2018,
7606.91.3090, 7606.91.6080, in this notice. Authorized applicants
the Commission will make available to
7606.92.3090, and 7606.92.6080. must represent interested parties, as
Although the HTSUS subheadings are defined by 19 U.S.C. 1677(9), who are parties all information on which they
provided for convenience and customs parties to the investigations. A party have not had an opportunity to
purposes, the written description of the granted access to BPI in the preliminary comment. Parties may submit final
scope of this proceeding is dispositive.’’ phase of the investigations need not comments on this information on or
Background.—The final phase of reapply for such access. A separate before March 13, 2018, but such final
these investigations is being scheduled service list will be maintained by the comments must not contain new factual
pursuant to sections 705(b) and 731(b) Secretary for those parties authorized to information and must otherwise comply
of the Tariff Act of 1930 (19 U.S.C. receive BPI under the APO. with section 207.30 of the Commission’s
1671d(b) and 1673d(b)), as a result of Staff Report.—The prehearing staff rules. All written submissions must
affirmative preliminary determinations report in the final phase of these conform with the provisions of section
by the Department of Commerce that investigations will be placed in the 201.8 of the Commission’s rules; any
certain benefits which constitute nonpublic record on January 25, 2018, submissions that contain BPI must also
subsidies within the meaning of section and a public version will be issued conform with the requirements of
703 of the Act (19 U.S.C. 1671b) are thereafter, pursuant to section 207.22 of sections 201.6, 207.3, and 207.7 of the
being provided to manufacturers, the Commission’s rules. Commission’s rules. The Commission’s
producers, or exporters in China of Hearing.—The Commission will hold
Handbook on E-Filing, available on the
aluminum foil, and that such products a hearing in connection with the final
Commission’s Web site at https://
are being sold in the United States at phase of these investigations beginning
at 9:30 a.m. on Thursday, February 8, www.usitc.gov/secretary/documents/
less than fair value within the meaning
2018, at the U.S. International Trade handbook_on_filing_procedures.pdf,
of section 733 of the Act (19 U.S.C.
1673b). The investigations were Commission Building. Requests to elaborates upon the Commission’s rules
requested in petitions filed on March 9, appear at the hearing should be filed in with respect to electronic filing.
2017, by The Aluminum Association writing with the Secretary to the Additional written submissions to the
Trade Enforcement Working Group and Commission on or before February 1, Commission, including requests
its individual members. 2018. A nonparty who has testimony pursuant to section 201.12 of the
For further information concerning that may aid the Commission’s Commission’s rules, shall not be
the conduct of this phase of the deliberations may request permission to accepted unless good cause is shown for
investigations, hearing procedures, and present a short statement at the hearing. accepting such submissions, or unless
rules of general application, consult the All parties and nonparties desiring to the submission is pursuant to a specific
Commission’s Rules of Practice and appear at the hearing and make oral request by a Commissioner or
Procedure, part 201, subparts A and B presentations should participate in a
Commission staff.
(19 CFR part 201), and part 207, prehearing conference to be held on
subparts A and C (19 CFR part 207). February 6, 2018, at the U.S. In accordance with sections 201.16(c)
Participation in the Investigations and International Trade Commission and 207.3 of the Commission’s rules,
Public Service List.—Persons, including Building, if deemed necessary. Oral each document filed by a party to the
industrial users of the subject testimony and written materials to be investigations must be served on all
merchandise and, if the merchandise is submitted at the public hearing are other parties to the investigations (as
sold at the retail level, representative governed by sections 201.6(b)(2), identified by either the public or BPI
consumer organizations, wishing to 201.13(f), and 207.24 of the service list), and a certificate of service
participate in the final phase of these Commission’s rules. Parties must submit must be timely filed. The Secretary will
investigations as parties must file an any request to present a portion of their not accept a document for filing without
entry of appearance with the Secretary hearing testimony in camera no later a certificate of service.
to the Commission, as provided in than 7 business days prior to the date of
section 201.11 of the Commission’s the hearing. Authority: These investigations are
rules, no later than 21 days prior to the Written Submissions.—Each party being conducted under authority of title
hearing date specified in this notice. A who is an interested party shall submit VII of the Tariff Act of 1930; this notice
party that filed a notice of appearance a prehearing brief to the Commission. is published pursuant to section 207.21
during the preliminary phase of the Prehearing briefs must conform with the of the Commission’s rules.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

investigations need not file an provisions of section 207.23 of the By order of the Commission.
additional notice of appearance during Commission’s rules; the deadline for Issued: November 16, 2017.
this final phase. The Secretary will filing is February 1, 2018. Parties may
Lisa R. Barton,
maintain a public service list containing also file written testimony in connection
the names and addresses of all persons, with their presentation at the hearing, as Secretary to the Commission.
or their representatives, who are parties provided in section 207.24 of the [FR Doc. 2017–25240 Filed 11–21–17; 8:45 am]
to the investigations. Commission’s rules, and posthearing BILLING CODE 7020–02–P
Limited Disclosure of Business briefs, which must conform with the
Proprietary Information (BPI) Under an provisions of section 207.25 of the

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Document Created: 2017-11-22 00:49:01
Document Modified: 2017-11-22 00:49:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		November 2, 2017.
Contact		Justin Enck (202-205-3363), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205- 1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for these investigations may be viewed on the Commission's electronic docket (EDIS) at https:// edis.usitc.gov.
FR Citation		82 FR 55633