83_FR_17436 83 FR 17360 - Certain Aluminum Foil From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order

83 FR 17360 - Certain Aluminum Foil From the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 76 (April 19, 2018)

Page Range17360-17362
FR Document2018-08116

Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (the ITC), Commerce is issuing a countervailing duty (CVD) order on certain aluminum foil (aluminum foil) from the People's Republic of China (China). In addition, Commerce is amending its final CVD determination with respect to aluminum foil from China, to correct ministerial errors.

Federal Register, Volume 83 Issue 76 (Thursday, April 19, 2018) 
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08116]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-054]


Certain Aluminum Foil From the People's Republic of China: 
Amended Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (the ITC), 
Commerce is issuing a countervailing duty (CVD) order on certain 
aluminum foil (aluminum foil) from the People's Republic of China 
(China). In addition, Commerce is amending its final CVD determination 
with respect to aluminum foil from China, to correct ministerial 
errors.

DATES: Applicable April 19, 2018.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3813.

SUPPLEMENTARY INFORMATION: 
    Period of Investigation: The period of investigation (POI) is 
January 1, 2016, through December 31, 2016.

Background

    In accordance with sections 705(a), 705(d), and 777(i)(1) of the 
Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on 
March 5, 2018, Commerce published in the Federal Register an 
affirmative final determination in the CVD investigation of aluminum 
foil from China.\1\ Interested parties submitted timely filed 
allegations that Commerce made certain ministerial errors in the final 
CVD determination of aluminum foil from China. Section 705(e) of the 
Act and 19 CFR 351.224(f) define ministerial errors as errors in 
addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the like, and any 
other type of unintentional error which the administering authority 
considers ministerial. We reviewed the allegations and determined that 
we made certain

[[Page 17361]]

ministerial errors. See ``Amendment to the Final Determination'' 
section below for further discussion.
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    \1\ See Certain Aluminum Foil from the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 83 FR 
9282 (March 5, 2018) (Final Determination), and accompanying Issues 
and Decision Memorandum (Final Decision Memorandum).
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    On April 9, 2018, the ITC notified Commerce of its affirmative 
determination pursuant to section 705(b)(1)(A)(i) and section 705(d) of 
the Act, that an industry in the United States is materially injured by 
reason of subsidized imports of aluminum foil from China.\2\
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    \2\ See Letter from the ITC to Commerce, dated April 9, 2018; 
see also Aluminum Foil from China (Investigation Nos. 701-TA-570 and 
731-TA-1346 (Final), USITC Publication 4771, April 2018).
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Scope of the Order

    The merchandise covered by this order is aluminum foil from China. 
For a complete description of the scope of this order, see the Appendix 
to this notice.

Amendment to the Final Determination

    On March 5, 2018, the petitioners \3\ and Dingsheng Aluminum 
Industries (Hong Kong) Trading Co., Ltd. (Dingsheng HK) timely alleged 
that the Final Determination contained certain ministerial errors, and 
requested that Commerce correct such errors. No rebuttal comments were 
submitted.
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    \3\ The petitioners to this investigation are the Aluminum 
Association Trade Enforcement Working Group (the petitioners).
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    Commerce reviewed the record and, on April 3, 2018, agreed that the 
errors referenced in the petitioners' and Dingsheng HK's allegations 
constitute ministerial errors within the meaning of 705(e) of the Act 
and 19 CFR 351.224(f).\4\ Commerce found that it made errors in 
calculating Dingsheng HK's benefit under the Policy Lending for 
Aluminum Foil and Government Provision of Primary Aluminum for Less 
Than Adequate Remuneration programs, and these errors were contrary to 
our methodological intention.\5\ Pursuant to 19 CFR 351.224(e), 
Commerce is amending the Final Determination to reflect the correction 
of the ministerial errors described above. Based on our correction of 
the ministerial errors in Dingsheng HK's calculation, the subsidy rate 
for Dingsheng HK increased from 19.98 percent ad valorem to 20.10 
percent ad valorem.\6\ Because the ``all-others'' rate is based, in 
part, on Dingsheng HK's ad valorem subsidy rate, the correction noted 
above also increases the ``all-others'' rate determined in the Final 
Determination from 18.56 percent ad valorem to 18.62 percent ad 
valorem.\7\ Because the rates for Loften Aluminum (Hong Kong) Limited 
and Manakin Industries, LLC, were derived in part from the rates from 
Dingsheng HK, the correction also changes the rate for these companies 
from 80.97 percent ad valorem to 80.52 percent ad valorem.
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    \4\ See Memorandum ``Ministerial Error Allegations Concerning 
Final Affirmative Countervailing Duty Determination,'' dated April 
3, 2018.
    \5\ Id.
    \6\ Id.
    \7\ Id.
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Countervailing Duty Orders

    In accordance with section 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC has notified Commerce of its final determination in this 
investigation, in which it found that an industry in the United States 
is materially injured by reason of subsidized imports of aluminum foil 
from China. Therefore, in accordance with section 705(c)(2) of the Act, 
we are issuing this CVD order. Because the ITC determined that imports 
of aluminum foil from China are materially injuring a U.S. industry, 
unliquidated entries of such merchandise from China, entered or 
withdrawn from warehouse for consumption, are subject to the assessment 
of countervailing duties.
    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, Commerce will direct United States Customs 
and Border Protection (CBP) to assess, upon further instruction by 
Commerce, countervailing duties equal to the net countervailable 
subsidy rates, for all relevant entries of aluminum foil from China. 
Upon further instruction by Commerce, countervailing duties will be 
assessed on unliquidated entries of aluminum foil from China entered, 
or withdrawn from warehouse, for consumption on or after August 14, 
2017, the date of publication of the Preliminary Determination.\8\
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    \8\ See Certain Aluminum Foil from the People's Republic of 
China: Preliminary Affirmative Countervailing Duty Determination, 82 
FR 37844 (August 14, 2017) (Preliminary Determination) and 
accompanying Preliminary Decision Memorandum (Preliminary Decision 
Memorandum). However, as described further below, entries that 
occurred after the expiration of the provisional measures period, 
and prior to publication of the ITC's final injury determination, 
are not subject to countervailing duties.
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Amended Cash Deposits and Suspension of Liquidation

    In accordance with section 706 of the Act, we will instruct CBP to 
suspend liquidation on all relevant entries of aluminum foil from 
China, as further described below. These instructions suspending 
liquidation will remain in effect until further notice. Commerce will 
also instruct CBP to require cash deposits equal to the amounts as 
indicated below. Accordingly, effective on the date of publication of 
the ITC's final affirmative injury determination, CBP will require, at 
the same time as importers would normally deposit estimated duties on 
this subject merchandise, a cash deposit equal to the subsidy rates 
listed below.\9\ The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.
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    \9\ See section 706(a)(3) of the Act.

------------------------------------------------------------------------
                                                                Subsidy
                           Company                               rate
                                                               (percent)
------------------------------------------------------------------------
Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd         20.10
 \10\.......................................................
Jiangsu Zhongji Lamination Materials Co., Ltd \11\..........       17.14
Loften Aluminum (Hong Kong) Limited.........................       80.52
Manakin Industries, LLC \12\................................       80.52
All-Others..................................................       18.62
------------------------------------------------------------------------

Provisional Measures

    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary CVD determination may not remain 
in effect for more than four months. In the underlying investigation, 
Commerce published the Preliminary Determination on August 14, 2017. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on December 12, 
2017. Furthermore, section 707(b) of the Act states that definitive 
duties are to begin on the date of publication of the ITC's final 
injury determination. Therefore, in accordance with section 703(d) of 
the Act and our practice, we instructed CBP to terminate the suspension 
of liquidation and to liquidate, without regard to duties,

[[Page 17362]]

unliquidated entries of aluminum foil from China made on or after 
December 12, 2017. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.
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    \10\ As discussed in the Preliminary Decision Memorandum, 
Commerce 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.
    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce 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.
    \12\ As discussed in the Preliminary Decision Memorandum, 
Commerce 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 and Final Decision Memorandum.
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Notification to Interested Parties

    This notice constitutes the CVD order with respect to aluminum foil 
from China pursuant to section 706(a) of the Act. Interested parties 
can find a list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order and amended final determination are published in 
accordance with section 706(a) and 19 CFR 351.211(b).

    Dated: April 12, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Order

    The merchandise covered by this order 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, 
including aluminum foil to which lubricant has been applied to one 
or both sides of the foil.
    Excluded from the scope of this order is aluminum foil that is 
backed with paper, paperboard, plastics, or similar backing 
materials on one side or both sides 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 the order 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 order 
is dispositive.

[FR Doc. 2018-08116 Filed 4-18-18; 8:45 am]
 BILLING CODE 3510-DS-P

17360 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices During this assessment phase, the develop plan alternatives. Finally, in DEPARTMENT OF COMMERCE Wayne invites other government compliance with the National agencies, non-governmental parties, and Environmental Policy Act, a proposed International Trade Administration the public to share relevant information action, an environmental impact [C–570–054] that will help develop an understanding statement (EIS), and eventually a of conditions and trends of the revised Forest Plan will be completed, Certain Aluminum Foil From the assessment topics that are useful to with announced opportunities for People’s Republic of China: Amended making decisions about the revised plan public review and comment. The plan is Final Affirmative Countervailing Duty content. This will include governmental a programmatic document that will Determination and Countervailing Duty or non-governmental assessments, guide and define development of on- Order plans, monitoring reports, studies, and the-ground projects. However, the plan other sources of relevant information itself is not a decision document. AGENCY: Enforcement and Compliance, about existing and changed conditions, Monitoring—As part of the plan International Trade Administration, trends, and perceptions of social, revision, the public will assist the Forest Department of Commerce. economic and ecological systems in the Service in developing a monitoring SUMMARY: Based on affirmative final planning area. The Wayne will host a program, which will be carried out after determinations by the Department of variety of public outreach forums in the the revised plan is approved and will Commerce (Commerce) and the spring and summer of 2018 to facilitate continue through the life of the plan. International Trade Commission (the this effort, and the public is encouraged The monitoring program should be ITC), Commerce is issuing a to participate and provide meaningful designed to help evaluate progress countervailing duty (CVD) order on contributions. The Wayne is seeking towards meeting the desired conditions certain aluminum foil (aluminum foil) local knowledge of social values, and objectives established by the Forest from the People’s Republic of China available data resources, areas of use, Plan, and may include monitoring (China). In addition, Commerce is and activities, goods and services questions that address the status of amending its final CVD determination produced by lands within the Wayne watershed conditions, visitor use and with respect to aluminum foil from that will help identify gaps in the satisfaction, effects of management China, to correct ministerial errors. current management plan, inform the activies, and more. Monitoring efforts DATES: Applicable April 19, 2018. need for change, and highlight priority should be within the financial and FOR FURTHER INFORMATION CONTACT: issues that should be addressed in this technical capability of the agency and Yasmin Bordas, AD/CVD Operations, revision. This will then lead to the next will help the Forest Service and the Enforcement and Compliance, step of the revision process and inform public evaluate the effectiveness of the International Trade Administration, desired conditions, standards and Forest Plan by providing feedback and U.S. Department of Commerce, 1401 guidelines, land suitability helping determine whether any changes Constitution Avenue NW, Washington, determinations, and other components in the plan are necessary. that will become part of the revised DC 20230; telephone: (202) 482–3813. To identify as much relevant plan. Public participation is an essential SUPPLEMENTARY INFORMATION: information as possible, the Wayne is step toward understanding current Period of Investigation: The period of encouraging contributors to share their conditions, available data, and feedback investigation (POI) is January 1, 2016, concerns and perceptions of the needed to support an overall strategic, through December 31, 2016. conditions and trends in social, efficient and effective revision process. economic and environmental systems Background Several guiding principles, developed within the Wayne planning area. to overcome stakeholder-identified In accordance with sections 705(a), Meetings, review and comment periods, 705(d), and 777(i)(1) of the Tariff Act of challenges, will drive public and other opportunities for public engagement throughout the plan 1930, as amended (the Act), and 19 CFR engagement throughout the plan 351.210(c), on March 5, 2018, revision process. These guiding revision process will be publicized, principles include providing direct and Commerce published in the Federal with announcements posted on the Register an affirmative final transparent communication through a Wayne’s planning website at https:// variety of methods, maintaining focused determination in the CVD investigation www.fs.usda.gov/main/wayne/ of aluminum foil from China.1 public involvement, building landmanagement/planning. Information relationships, and promoting sharing, Interested parties submitted timely filed will also be sent out to the Forest’s allegations that Commerce made certain learning and understanding between the mailing list. If anyone is interested in agency, partners and the public. These ministerial errors in the final CVD being included in these notifications, determination of aluminum foil from guiding principles will help the Wayne please send an email to ensure that public engagement in the China. Section 705(e) of the Act and 19 WaynePlanRevision@fs.fed.us. CFR 351.224(f) define ministerial errors current assessment phase and throughout the plan revision process Responsible Official as errors in addition, subtraction, or will be functional, accessible, and The Responsible Official for the other arithmetic function, clerical errors representative. revision of the Forest Plan for Wayne resulting from inaccurate copying, Plan Revision—Using the need for National Forest is Anthony V. Scardina, duplication, or the like, and any other change as a foundation, the Wayne, in Forest Supervisor, Wayne National type of unintentional error which the coordination with partners and the Forest, 13700 US HWY 33, Nelsonville, administering authority considers public, will then begin the plan revision OH 45764. ministerial. We reviewed the allegations daltland on DSKBBV9HB2PROD with NOTICES phase of the process. During this phase, and determined that we made certain participants will develop a vision Dated: March 10, 2018. statement and goals that will lead the Chris French, 1 See Certain Aluminum Foil from the People’s forest into the future, specifying desired Associate Deputy Chief, National Forest Republic of China: Final Determination of Sales at System. Less Than Fair Value, 83 FR 9282 (March 5, 2018) conditions and objectives to help (Final Determination), and accompanying Issues achieve these goals. The Wayne will [FR Doc. 2018–08159 Filed 4–18–18; 8:45 am] and Decision Memorandum (Final Decision engage the public to identify issues and BILLING CODE 3411–15–P Memorandum). VerDate Sep<11>2014 17:49 Apr 18, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1

Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices 17361 ministerial errors. See ‘‘Amendment to percent ad valorem.7 Because the rates on the date of publication of the ITC’s the Final Determination’’ section below for Loften Aluminum (Hong Kong) final affirmative injury determination, for further discussion. Limited and Manakin Industries, LLC, CBP will require, at the same time as On April 9, 2018, the ITC notified were derived in part from the rates from importers would normally deposit Commerce of its affirmative Dingsheng HK, the correction also estimated duties on this subject determination pursuant to section changes the rate for these companies merchandise, a cash deposit equal to the 705(b)(1)(A)(i) and section 705(d) of the from 80.97 percent ad valorem to 80.52 subsidy rates listed below.9 The all- Act, that an industry in the United percent ad valorem. others rate applies to all producers or States is materially injured by reason of exporters not specifically listed, as Countervailing Duty Orders subsidized imports of aluminum foil appropriate. from China.2 In accordance with section 705(b)(1)(A)(i) and 705(d) of the Act, the Subsidy Scope of the Order ITC has notified Commerce of its final Company rate determination in this investigation, in (percent) The merchandise covered by this order is aluminum foil from China. For which it found that an industry in the Dingsheng Aluminum Industries a complete description of the scope of United States is materially injured by (Hong Kong) Trading Co., this order, see the Appendix to this reason of subsidized imports of Ltd 10 ....................................... 20.10 notice. aluminum foil from China. Therefore, in Jiangsu Zhongji Lamination Ma- accordance with section 705(c)(2) of the terials Co., Ltd 11 ..................... 17.14 Amendment to the Final Determination Act, we are issuing this CVD order. Loften Aluminum (Hong Kong) Because the ITC determined that Limited ..................................... 80.52 On March 5, 2018, the petitioners 3 Manakin Industries, LLC 12 ......... 80.52 and Dingsheng Aluminum Industries imports of aluminum foil from China All-Others .................................... 18.62 (Hong Kong) Trading Co., Ltd. are materially injuring a U.S. industry, (Dingsheng HK) timely alleged that the unliquidated entries of such merchandise from China, entered or Provisional Measures Final Determination contained certain ministerial errors, and requested that withdrawn from warehouse for Section 703(d) of the Act states that Commerce correct such errors. No consumption, are subject to the the suspension of liquidation pursuant rebuttal comments were submitted. assessment of countervailing duties. to an affirmative preliminary CVD Commerce reviewed the record and, As a result of the ITC’s final determination may not remain in effect on April 3, 2018, agreed that the errors determination, in accordance with for more than four months. In the referenced in the petitioners’ and section 706(a) of the Act, Commerce underlying investigation, Commerce Dingsheng HK’s allegations constitute will direct United States Customs and published the Preliminary ministerial errors within the meaning of Border Protection (CBP) to assess, upon Determination on August 14, 2017. 705(e) of the Act and 19 CFR further instruction by Commerce, Therefore, the four-month period 351.224(f).4 Commerce found that it countervailing duties equal to the net beginning on the date of the publication made errors in calculating Dingsheng countervailable subsidy rates, for all of the Preliminary Determination ended HK’s benefit under the Policy Lending relevant entries of aluminum foil from on December 12, 2017. Furthermore, for Aluminum Foil and Government China. Upon further instruction by section 707(b) of the Act states that Commerce, countervailing duties will be definitive duties are to begin on the date Provision of Primary Aluminum for Less assessed on unliquidated entries of of publication of the ITC’s final injury Than Adequate Remuneration programs, aluminum foil from China entered, or determination. Therefore, in accordance and these errors were contrary to our withdrawn from warehouse, for with section 703(d) of the Act and our methodological intention.5 Pursuant to consumption on or after August 14, practice, we instructed CBP to terminate 19 CFR 351.224(e), Commerce is 2017, the date of publication of the the suspension of liquidation and to amending the Final Determination to Preliminary Determination.8 liquidate, without regard to duties, reflect the correction of the ministerial errors described above. Based on our Amended Cash Deposits and 9 See section 706(a)(3) of the Act. correction of the ministerial errors in Suspension of Liquidation 10 As discussed in the Preliminary Decision Dingsheng HK’s calculation, the subsidy Memorandum, Commerce has found the following In accordance with section 706 of the rate for Dingsheng HK increased from companies to be cross-owned with Dingsheng HK: Act, we will instruct CBP to suspend Jiangsu Dingsheng New Materials Joint-Stock Co., 19.98 percent ad valorem to 20.10 liquidation on all relevant entries of Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; percent ad valorem.6 Because the ‘‘all- aluminum foil from China, as further Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou others’’ rate is based, in part, on described below. These instructions DingCheng Aluminum Co., Ltd.; Luoyang Longding Dingsheng HK’s ad valorem subsidy suspending liquidation will remain in Aluminum Co., Ltd.; Hangzhou Dingsheng rate, the correction noted above also Industrial Group Co., Ltd.; Hangzhou Dingsheng effect until further notice. Commerce Import & Export Co., Ltd.; and Walson (HK) Trading increases the ‘‘all-others’’ rate will also instruct CBP to require cash Co., Limited. determined in the Final Determination deposits equal to the amounts as 11 As discussed in the Preliminary Decision from 18.56 percent ad valorem to 18.62 indicated below. Accordingly, effective Memorandum, Commerce has found the following companies to be cross-owned with Zhongji: 2 See Letter from the ITC to Commerce, dated Shantou Wanshun Package Material Stock Co., Ltd.; 7 Id. Jiangsu Huafeng Aluminum Industry Co., Ltd.; and April 9, 2018; see also Aluminum Foil from China 8 See Certain Aluminum Foil from the People’s Jiangsu Zhongji Lamination Materials Co., (HK) Ltd. (Investigation Nos. 701–TA–570 and 731–TA–1346 Republic of China: Preliminary Affirmative 12 As discussed in the Preliminary Decision (Final), USITC Publication 4771, April 2018). daltland on DSKBBV9HB2PROD with NOTICES 3 The petitioners to this investigation are the Countervailing Duty Determination, 82 FR 37844 Memorandum, Commerce finds that Manakin (August 14, 2017) (Preliminary Determination) and Industries and Suzhou Manakin Aluminum Aluminum Association Trade Enforcement Working accompanying Preliminary Decision Memorandum Processing Technology Co., Ltd., effectively Group (the petitioners). (Preliminary Decision Memorandum). However, as function by joint operation as a trading company. 4 See Memorandum ‘‘Ministerial Error Allegations described further below, entries that occurred after Therefore, the rate for Manakin Industries also Concerning Final Affirmative Countervailing Duty the expiration of the provisional measures period, applies to Suzhou Manakin Aluminum Processing Determination,’’ dated April 3, 2018. and prior to publication of the ITC’s final injury Technology Co., Ltd. For additional information, 5 Id. determination, are not subject to countervailing see Preliminary Decision Memorandum and Final 6 Id. duties. Decision Memorandum. VerDate Sep<11>2014 17:49 Apr 18, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1

17362 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Notices unliquidated entries of aluminum foil HTSUS subheadings 7606.11.3060, sold in the United States at LTFV, as from China made on or after December 7606.11.6000, 7606.12.3045, 7606.12.3055, provided in section 735 of the Tariff Act 12, 2017. Suspension of liquidation will 7606.12.3090, 7606.12.6000, 7606.91.3090, of 1930, as amended (Act).1 On March 7606.91.6080, 7606.92.3090, and resume on the date of publication of the 12, 2018, Hangzhou Dingsheng Import & 7606.92.6080. ITC’s final determination in the Federal Although the HTSUS subheadings are Export Co. Ltd., Jiangsu Dingsheng New Register. provided for convenience and customs Materials Joint-Stock Co., Ltd., purposes, the written description of the Hangzhou Teemful Aluminum Co., Ltd., Notification to Interested Parties scope of this order is dispositive. Hangzhou Five Star Aluminum Co., This notice constitutes the CVD order [FR Doc. 2018–08116 Filed 4–18–18; 8:45 am] Ltd., Dingsheng Aluminum Industries with respect to aluminum foil from (Hong Kong) Trading Co. Ltd., Inner BILLING CODE 3510–DS–P China pursuant to section 706(a) of the Mongolia Liansheng New Energy Act. Interested parties can find a list of Material Joint-Stock Co., Ltd. and CVD orders currently in effect at http:// DEPARTMENT OF COMMERCE Walson (HK) Trading Co., Ltd. enforcement.trade.gov/stats/ (collectively, Dingsheng), and Jiangsu iastats1.html. International Trade Administration Zhongji Lamination Materials Co., (HK) This order and amended final Ltd., Jiangsu Zhongji Lamination determination are published in [A–570–053] Materials Stock Co., Ltd., and Jiangsu accordance with section 706(a) and 19 Huafeng Aluminium Industry Co., Ltd. Certain Aluminum Foil From the CFR 351.211(b). (collectively, Zhongji) submitted People’s Republic of China: Amended Dated: April 12, 2018. Final Determination of Sales at Less ministerial error allegations concerning Gary Taverman, Than Fair Value and Antidumping Duty the Final Determination.2 On March 19, Deputy Assistant Secretary for Antidumping Order 2018, the Aluminum Association Trade and Countervailing Duty Operations, Enforcement Working Group submitted performing the non-exclusive functions and AGENCY: Enforcement and Compliance, comments to address these allegations.3 duties of the Assistant Secretary for International Trade Administration, On April 9, 2018, the ITC notified Enforcement and Compliance. Department of Commerce. Commerce of its affirmative SUMMARY: Based on affirmative final determination that an industry in the Appendix determinations by the Department of United States is materially injured Scope of the Order Commerce (Commerce) and the within the meaning of section The merchandise covered by this order is International Trade Commission (the 735(b)(1)(A)(i) of the Act by reason of aluminum foil having a thickness of 0.2 mm ITC), Commerce is issuing an LTFV imports of aluminum foil from or less, in reels exceeding 25 pounds, antidumping duty (AD) order on certain China.4 regardless of width. Aluminum foil is made aluminum foil from the People’s from an aluminum alloy that contains more Scope of the Order than 92 percent aluminum. Aluminum foil Republic of China (China). In addition, Commerce is amending its final The merchandise covered by this may be made to ASTM specification ASTM B479, but can also be made to other determination of sales at less than fair order is aluminum foil from China. For specifications. Regardless of specification, value (LTFV) from China as a result of a complete description of the scope of however, all aluminum foil meeting the a ministerial error. the order, see the Appendix to this scope description is included in the scope, DATES: Applicable April 19, 2018. notice. including aluminum foil to which lubricant has been applied to one or both sides of the FOR FURTHER INFORMATION CONTACT: Tom Amendment to the Final Determination foil. Bellhouse or Michael J. Heaney, AD/ After considering parties’ comments Excluded from the scope of this order is CVD Operations, Enforcement and and reviewing the record, pursuant to aluminum foil that is backed with paper, Compliance, International Trade section 735(e) of the Act and 19 CFR paperboard, plastics, or similar backing Administration, U.S. Department of 351.224(e) and (f), Commerce is materials on one side or both sides of the Commerce, 1401 Constitution Avenue aluminum foil, as well as etched capacitor amending the Final Determination to NW, Washington, DC 20230; telephone: reflect the correction of a ministerial foil and aluminum foil that is cut to shape. (202) 482–2057 or (202) 482–4475, Where the nominal and actual error it made in calculating the final measurements vary, a product is within the respectively. margin assigned to Dingsheng.5 In scope if application of either the nominal or SUPPLEMENTARY INFORMATION: addition, because the rates for the actual measurement would place it within Period of Investigation: The period of companies receiving a separate rate and the scope based on the definitions set forth investigation (POI) is July 1, 2016, the rate of the China-wide entity are above. The products under the order are through December 31, 2016. based on the margins for Dingsheng and currently classifiable under Harmonized Zhongji, we are also revising these Tariff Schedule of the United States (HTSUS) Background subheadings 7607.11.3000, 7607.11.6000, rates.6 7607.11.9030, 7607.11.9060, 7607.11.9090, On March 5, 2018, Commerce As a result of this amended final and 7607.19.6000. Further, merchandise that published in the Federal Register the determination, we have revised the falls within the scope of this proceeding may Final Determination that aluminum foil estimated weighted average dumping also be entered into the United States under from China is being, or is likely to be, margins as follows: daltland on DSKBBV9HB2PROD with NOTICES 1 See Certain Aluminum Foil from the People’s see also Letter, ‘‘Certain Aluminum Foil from the 701–TA–570 and 731–TA–1346 (Final), USITC Republic of China: Final Determination of Sales at People’s Republic of China: Ministerial Publication 4771, April 2018). Less Than Fair Value, 83 FR 9282 (March 5, 2018) Memorandum Comments,’’ dated March 12, 2018. 5 For a detailed discussion of the ministerial error (Final Determination), and accompanying Issues 3 See Letter, ‘‘Certain Aluminum Foil from the allegations, see Memorandum, ‘‘Antidumping Duty and Decision Memorandum. People’s Republic of China—Petitioners’ Rebuttal of Investigation of Certain Aluminum Foil from 2 See Letter, ‘‘Dingsheng Final Determination Jiangsu Zhongji’s Clerical Error Allegation,’’ dated People’s Republic of China: Ministerial Error Ministerial Error Comments in the Antidumping March 19, 2018. Memorandum,’’ dated concurrently with this notice Duty Investigation of Aluminum Foil from the 4 See Letter from the ITC, dated April 9, 2018; see (Amended Final Memorandum). People’s Republic of China,’’ dated March 12, 2018; also Aluminum Foil from China (Investigation Nos. 6 Id. VerDate Sep<11>2014 17:49 Apr 18, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\19APN1.SGM 19APN1


Document Created: 2018-04-19 00:40:12
Document Modified: 2018-04-19 00:40:12
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
DatesApplicable April 19, 2018.
ContactYasmin Bordas, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3813.
FR Citation83 FR 17360 
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