83 FR 9274 - Countervailing Duty Investigation of Certain Aluminum Foil From the People's Republic of China: Final Affirmative Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 43 (March 5, 2018)
International Trade Administration
Federal Register Volume 83, Issue 43 (March 5, 2018)
| Page Range | 9274-9277 | |
| FR Document | 2018-04402 |
[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)] [Notices] [Pages 9274-9277] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04402] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-054] Countervailing Duty Investigation of Certain Aluminum Foil From the People's Republic of China: Final Affirmative Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China). The period of investigation is January 1, 2016, through December 31, 2016. For information on the estimated subsidy rates, see the ``Final Determination and Suspension of Liquidation'' section of this notice. DATES: Applicable March 5, 2018. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3813. SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Determination on August 14, 2017.\1\ A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by [[Page 9275]] parties for this final determination, may be found in the Issues and Decision Memorandum \2\ issued concurrently with this notice. The Issues and 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 Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ 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). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China,'' dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope Comments We invited parties to comment on Commerce's Preliminary Scope Memorandum.\3\ Commerce has reviewed the briefs submitted by interested parties, considered the arguments therein, and has made changes to the scope of the investigation. For further discussion, see Commerce's Final Scope Decision Memorandum.\4\ --------------------------------------------------------------------------- \3\ See Memorandum, ``Certain Aluminum Foil from the People's Republic of China: Scope Comments Decision Memorandum for the Preliminary Determinations,'' dated October 26, 2017, and filed to ACCESS on October 30, 2017. \4\ See Memorandum, ``Certain Aluminum Foil from the People's Republic of China: Final Scope Decision Memorandum,'' dated concurrently with this memorandum. --------------------------------------------------------------------------- Methodology Commerce is conducting this countervailing duty (CVD) investigation in accordance with section 701 of the Tariff Act of 1930, as amended (Act). For each of the subsidy programs found to be countervailable, we determine 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. For a full description of the methodology underlying our final determination, see the Issues and Decisions Memorandum. Scope of the Investigation The merchandise covered by this investigation is aluminum foil from China. For a complete description of the scope of this investigation, see Appendix II. Verification As provided in section 782(i) of the Act, in November 2017, we conducted verification of the questionnaire responses submitted by Dingsheng Aluminum (Hong Kong) Trading Co., Ltd. (Dingsheng HK) and Jiangsu Zhongji Lamination Materials Co., Ltd. (Zhongji). We issued verification reports on November 25, 2017.\5\ We used standard verification procedures, including an examination of relevant accounting and financial records, and original source documents provided by Dingsheng HK and Zhongji. --------------------------------------------------------------------------- \5\ See Commerce Memoranda, ``Verification of the Questionnaire Responses of Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd.: Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China,'' (Dingsheng Verification Report) and ``Verification of the Questionnaire Responses of Jiangsu Zhongji Lamination Materials Co., Ltd.: Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China,'' (Zhongji Verification Report), both dated November 25, 2017. --------------------------------------------------------------------------- Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs submitted by the parties, are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix I. Use of Adverse Facts Available (AFA) For purposes of this final determination, we relied on facts available, and because certain respondents did not act to the best of their ability in responding to Commerce's requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.\6\ The subsidy rates for Loften Aluminum (Hong Kong) Limited and Manakin Industries, LLC, are based totally on AFA. A full discussion of our decision to rely on adverse facts available is presented in the ``Use of Facts Otherwise Available and Adverse Inferences'' section of the Issues and Decisions Memorandum. --------------------------------------------------------------------------- \6\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, and minor corrections presented at verification, we made certain changes to the respondents' subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Calculation Memoranda.\7\ --------------------------------------------------------------------------- \7\ See Memoranda, ``Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Final Determination Calculation Memorandum for Dingsheng Aluminum (Hong Kong) Trading Co., Ltd.,'' dated February 26, 2018 (Dingsheng Final Calculation Memorandum) and ``Countervailing Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Final Determination Calculation Memorandum for Zhongji Lamination Materials Co., Ltd,'' dated February 26, 2018 (Zhongji Final Calculation Memorandum). --------------------------------------------------------------------------- All-Others Rate In accordance with section 705(c)(1)(B)(i) of the Act, we calculated an individual rate for each producer/exporter of the subject merchandise individually investigated. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an ``all-others'' rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the ``all-others'' rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated as well as rates based entirely on facts otherwise available. Where the rates for the individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs Commerce to establish an ``all-others'' rate using ``any reasonable method.'' Pursuant to section 705(c)(5)(A)(i) of the Act, we have calculated the ``all-others'' rate using the subsidy rates of Dingsheng HK and Zhongji, the only two mandatory respondents not receiving a subsidy rate based totally on section 776 of the Act. However, we have not calculated the ``all-others'' rate by weight-averaging these two rates because doing so risks disclosure of proprietary information. Therefore, and consistent with Commerce's practice, for the ``all- others'' rate, we calculated a simple average of these two mandatory respondents' subsidy rates. Final Determination ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Dingsheng Aluminum Industries (Hong Kong) Trading Co., 19.98 Ltd.\8\................................................ Jiangsu Zhongji Lamination Materials Co., Ltd.\9\....... 17.14 Loften Aluminum (Hong Kong) Limited..................... 80.97 Manakin Industries, LLC \10\............................ 80.97 [[Page 9276]] All-Others.............................................. 18.56 ------------------------------------------------------------------------ Disclosure --------------------------------------------------------------------------- \8\ 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. \9\ 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. \10\ 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 Issues and Decision Memorandum. --------------------------------------------------------------------------- We intend to disclose to parties in this proceeding the calculations performed for this final determination within five days of the date of public announcement of our final determination, in accordance with 19 CFR 351.224(b). Suspension of Liquidation As a result of our Preliminary Determination, and pursuant to sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of merchandise under consideration from the PRC that were entered or withdrawn from warehouse, for consumption, on or after August 14, 2017, the date of publication of the Preliminary Determination in the Federal Register. In accordance with section 703(d) of the Act, on December 12, 2017, we instructed CBP to discontinue the suspension of liquidation of all entries at that time. If the U.S. International Trade Commission (the ITC) issues a final affirmative injury determination, we will issue a CVD order, will reinstate the suspension of liquidation under section 706(a) of the Act, and will require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. International Trade Commission Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Return or Destruction of Proprietary Information In the event the ITC issues a final negative injury determination, this notice serves as the only reminder to parties subject to an APO of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. Notification to Interested Parties This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act. Dated: February 26, 2018. Prentiss Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. Appendix I List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Scope Comments V. Application of the Countervailing Duty Law to Imports from the PRC VI. Subsidies Valuation Information VII. Benchmarks and Discount Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Analysis of Comments Comment 1: Whether Commerce Erred in Its Treatment of Manakin Comment 2: Whether the Record Supports a Finding of Policy Lending Comment 3: Whether Chinese Commercial Banks Are Government Authorities Comment 4: Whether Commerce's Policy Lending Benchmark Interest Rate Computations Are Supported by the Record and Lawful Comment 5: Whether Commerce's Investigation of Uninitiated Programs Is Lawful Comment 6: Whether Commerce Should Change Its Export Buyer's Credit Determination Comment 7: Whether Commerce Should Use the USD Interest Rate Benchmark for Hong Kong Loans Comment 8: Whether Loans Issued in Hong Kong to Hong Kong Companies Are Countervailable Comment 9: Whether Commerce Should Revise Dingsheng's Sales Denominator Comment 10: Whether Commerce Should Correct Calculation Errors for Dingsheng's Loans Comment 11: Whether Commerce Should Correct Calculation Errors for Dingsheng's Aluminum and Coal Purchases Comment 12: Whether Commerce Should Place Interest Rate Benchmarks on the Record That Are Contemporaneous to the POI Comment 13: Whether Commerce Should Rely on AFA for Subsidies Discovered at Zhongji's Verification Comment 14: Whether Commerce Should Grant Zhongji an Export Value Adjustment Comment 15: Whether Commerce Improperly Rejected Dingsheng's Benchmark Data Comment 16: Whether Commerce Should Revise the Benchmarks for Primary Aluminum Comment 17: Whether the GOC Provided Sufficient Evidence To Find That Input Suppliers Were Not Government Authorities Comment 18: Whether CCP Affiliations or Activities by Company Officials Make a Company a Government Authority Comment 19: Whether the Primary Aluminum and Steam Coal for LTAR Programs Are Specific Comment 20: Whether Commerce Must Use a Tier-One Benchmark for the Primary Aluminum and Steam Coal for LTAR Programs Comment 21: Whether Dingsheng's Income Tax Deductions for R&D Expenses Are Understated Comment 22: Whether Commerce Selected the Highest Electricity Rate Benchmarks Comment 23: Whether Commerce Should Apply AFA for Electricity [[Page 9277]] Comment 24: Whether Commerce Should Adjust the Electricity Benchmark for VAT Comment 25: Whether Electricity Constitutes General Infrastructure and Provides a Financial Contribution Comment 26: Whether Commerce Should Rely on Xeneta Data for Freight Benchmark Comment 27: Whether Commerce Should Find Non-Use of Steam Coal XI. Recommendation Appendix II 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, including aluminum foil to which lubricant has been applied to one or both sides of the foil. Excluded from the scope of this investigation 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 investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7607.11.3000, 7607.11.6000, 7607.11.9030, 7607.11.9060, 7607.11.9090, and 7607.19.6000. Further, merchandise that falls within the scope of this proceeding may also be entered into the United States under HTSUS subheadings 7606.11.3060, 7606.11.6000, 7606.12.3045, 7606.12.3055, 7606.12.3090, 7606.12.6000, 7606.91.3090, 7606.91.6080, 7606.92.3090, and 7606.92.6080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. [FR Doc. 2018-04402 Filed 3-2-18; 8:45 am] BILLING CODE 3510-DS-P
![9274 Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices
bed units; 18 (16) certain shoe mirrors . . . framed.’’ The order covers APO in accordance with the procedures
cabinets; 19 and (17) certain bed bases.20 all wooden bedroom furniture meeting outlined in Commerce’s regulations at
Imports of subject merchandise are the above description, regardless of 19 CFR 351.305. Those procedures
classified under subheadings tariff classification. Although the apply to this segment of the proceeding,
9403.50.9042 and 9403.50.9045 of the HTSUS subheadings are provided for with one exception: APO applicants
HTSUS as ‘‘wooden . . . beds’’ and convenience and customs purposes, our representing the parties that have been
under subheading 9403.50.9080 of the written description of the scope of this identified by CBP as an importer in the
HTSUS as ‘‘other . . . wooden furniture proceeding is dispositive. covered merchandise referral
of a kind used in the bedroom.’’ In (referenced above) are exempt from the
Filing Requirements
addition, wooden headboards for beds, additional filing requirements for
wooden footboards for beds, wooden All submissions to Commerce must be importers pursuant to 19 CFR
side rails for beds, and wooden canopies filed electronically using ACCESS.21 An 351.305(d).
for beds may be entered under electronically filed document must be
Dated: February 22, 2018.
subheadings 9403.90.7005 or received successfully in its entirety by
Christian Marsh,
9403.90.7080 of the HTSUS. Subject the time and date it is due. Documents
exempted from the electronic Deputy Assistant Secretary for Enforcement
merchandise may also be entered under and Compliance.
subheadings 9403.50.9041, submission requirements must be filed
[FR Doc. 2018–04392 Filed 3–2–18; 8:45 am]
9403.60.8081, 9403.20.0018, or manually (i.e., in paper form) with
Enforcement and Compliance’s APO/ BILLING CODE 3510–DS–P
9403.90.8041. Further, framed glass
mirrors may be entered under Dockets Unit, Room 18022, U.S.
subheading 7009.92.1000 or Department of Commerce, 1401
Constitution Avenue NW, Washington, DEPARTMENT OF COMMERCE
7009.92.5000 of the HTSUS as ‘‘glass
DC 20230, and stamped with the date of International Trade Administration
generally designed for the purpose of storing receipt by the applicable deadlines.
children’s items such as toys, books, and [C–570–054]
playthings. See Wooden Bedroom Furniture from Letters of Appearance and
the People’s Republic of China: Final Results of Administrative Protective Order Countervailing Duty Investigation of
Changed Circumstances Review and Determination Certain Aluminum Foil From the
to Revoke Order in Part, 74 FR 8506 (February 25, Interested parties that wish to
2009). Further, as determined in the scope ruling participate in this segment of the People’s Republic of China: Final
memorandum ‘‘Wooden Bedroom Furniture from proceeding and be added to the public Affirmative Determination
the People’s Republic of China: Scope Ruling on a
White Toy Box,’’ dated July 6, 2009, the
service list for this segment of the AGENCY: Enforcement and Compliance,
dimensional ranges used to identify the toy boxes proceeding must file a letter of International Trade Administration,
that are excluded from the wooden bedroom appearance in accordance with 19 CFR Department of Commerce.
furniture order apply to the box itself rather than 351.103(d)(1), with one exception: the
the lid. SUMMARY: The Department of Commerce
18 Excluded from the scope are certain enclosable
parties publicly identified by CBP in the (Commerce) determines that
wall bed units, also referred to as murphy beds, covered merchandise referral countervailable subsidies are being
which are composed of the following three major (referenced above) are not required to provided to producers and exporters of
sections: (1) A metal wall frame, which attaches to submit a letter of appearance, and will certain aluminum foil (aluminum foil)
the wall and uses coils or pistons to support the be added to the public service list for
metal mattress frame; (2) a metal frame, which has from the People’s Republic of China
euro slats for supporting a mattress and two legs this segment of the proceeding by (China). The period of investigation is
that pivot; and (3) wood panels, which attach to the Commerce. January 1, 2016, through December 31,
metal wall frame and/or the metal mattress frame Commerce placed an APO on the
to form a cabinet to enclose the wall bed when not 2016. For information on the estimated
record on January 11, 2018,22 and
in use. Excluded enclosable wall bed units are subsidy rates, see the ‘‘Final
established the APO service list for use
imported in ready-to-assemble format with all parts Determination and Suspension of
necessary for assembly. Enclosable wall bed units in this segment. Commerce intends to
Liquidation’’ section of this notice.
do not include a mattress. Wood panels of place the business proprietary versions
enclosable wall bed units, when imported DATES: Applicable March 5, 2018.
of the documents contained in the
separately, remain subject to the order.
covered merchandise referral on the FOR FURTHER INFORMATION CONTACT:
19 Excluded from the scope are certain shoe
record of this proceeding in ACCESS Yasmin Bordas, AD/CVD Operations,
cabinets 31.5–33.5 inches wide by 15.5–17.5 inches
deep by 34.5–36.5 inches high. They are designed within five days of publication of this Office VI, Enforcement and Compliance,
strictly to store shoes, which are intended to be notice. International Trade Administration,
aligned in rows perpendicular to the wall along Interested parties must submit U.S. Department of Commerce, 1401
which the cabinet is positioned. Shoe cabinets do Constitution Avenue NW, Washington,
not have drawers, rods, or other indicia for the applications for disclosure under the
storage of clothing other than shoes. The cabinets
DC 20230; telephone (202) 482–3813.
are not designed, manufactured, or offered for sale 21 See Antidumping and Countervailing Duty SUPPLEMENTARY INFORMATION:
in coordinated groups or sets and are made Proceedings: Electronic Filing Procedures;
substantially of wood, have two to four shelves Administrative Protective Order Procedures, 76 FR Background
inside them, and are covered by doors. The doors 39263 (July 6, 2011), as amended in Enforcement
often have blinds that are designed to allow air and Compliance; Change of Electronic Filing
Commerce published the Preliminary
circulation and release of bad odors. The doors System Name, 79 FR 69046 (November 20, 2014) for Determination on August 14, 2017.1 A
themselves may be made of wood or glass. The details of Commerce’s electronic filing summary of the events that occurred
depth of the shelves does not exceed 14 inches. requirements, effective August 5, 2011. Information since Commerce published the
Each shoe cabinet has doors, adjustable shelving, on help using ACCESS can be found at https://
sradovich on DSK3GMQ082PROD with NOTICES
and ventilation holes. access.trade.gov/help.aspx and a handbook can be
Preliminary Determination, as well as a
20 Excluded from the scope are certain bed bases found at https://access.trade.gov/help/ full discussion of the issues raised by
consisting of: (1) A wooden box frame, (2) three Handbook%20on%20Electronic%20Filing%20
wooden cross beams and one perpendicular center Procedures.pdf. 1 See Certain Aluminum Foil from the People’s
wooden support beam, and (3) wooden slats over 22 See the Administrative Protective Order ‘‘In the Republic of China: Preliminary Affirmative
the beams. These bed bases are constructed without Matter of the Scope Inquiry of the Antidumping Countervailing Duty Determination, 82 FR 37844
inner springs and/or coils and do not include a Duty Order on Wooden Bedroom Furniture from the (August 14, 2017) (Preliminary Determination) and
headboard, footboard, side rails, or mattress. The People’s Republic of China (A–570–890) (CBP accompanying Preliminary Decision Memorandum
bed bases are imported unassembled. EAPA Inv. No. 7189)’’, dated January 11, 2018. (Preliminary Decision Memorandum).
VerDate Sep<11>2014 19:25 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1](https://thefederalregister.org/doc/83_FR_9317/page/1.svg)
![Federal Register / Vol. 83, No. 43 / Monday, March 5, 2018 / Notices 9277
Comment 24: Whether Commerce Should SUMMARY: Pursuant to the Enforce and which Commerce must issue its
Adjust the Electricity Benchmark for Protect Act of 2015 (EAPA), the determination.
VAT Department of Commerce (Commerce) On December 4, 2017, Commerce
Comment 25: Whether Electricity received a covered merchandise referral
received a covered merchandise referral
Constitutes General Infrastructure and
from U.S. Customs and Border from CBP regarding CBP EAPA
Provides a Financial Contribution
Comment 26: Whether Commerce Should Protection (CBP) in connection with a Investigation No. 7212 1 which concerns
Rely on Xeneta Data for Freight CBP Enforce and Protect Act (EAPA) the AD order on HFCs from China.2
Benchmark investigation concerning the Specifically, based on an allegation by
Comment 27: Whether Commerce Should antidumping duty (AD) order on RMS of Georgia d/b/a Choice
Find Non-Use of Steam Coal hydrofluorocarbon (HFC) blends from Refrigerants, CBP has requested that
XI. Recommendation the People’s Republic of China (China). Commerce issue a determination as to
Appendix II In accordance with EAPA, Commerce whether certain merchandise imported
intends to determine whether the by LM Supply, Inc. (LM Supply) is
Scope of the Investigation subject to the AD order on HFCs from
merchandise subject to the referral is
The merchandise covered by this covered by the scope of the order and China. Specifically, CBP asked
investigation is aluminum foil having a promptly transmit its determination to Commerce to clarify: (1) If the scope
thickness of 0.2 mm or less, in reels
CBP. Commerce is providing notice of exclusion for Choice® R–421A is limited
exceeding 25 pounds, regardless of width. to only merchandise that is licensed by
Aluminum foil is made from an aluminum the referral and inviting participation
from interested parties. the rights holder or does it apply to any
alloy that contains more than 92 percent
aluminum. Aluminum foil may be made to
HFC blends that satisfy the terms of the
DATES: Applicable March 5, 2018. patents, and (2) if the scope exclusion
ASTM specification ASTM B479, but can
also be made to other specifications. FOR FURTHER INFORMATION CONTACT: is limited to only that merchandise that
Regardless of specification, however, all Manuel Rey at (202) 482–5518, AD/CVD also carries the trademarks indicated in
aluminum foil meeting the scope description Operations Office II, Enforcement & the scope exclusion.
is included in the scope, including Compliance, International Trade
aluminum foil to which lubricant has been Notification to Interested Parties
Administration, U.S. Department of
applied to one or both sides of the foil. Commerce, 1401 Constitution Avenue Commerce is hereby notifying
Excluded from the scope of this interested parties that it has received the
investigation is aluminum foil that is backed
NW, Washington, DC 20230.
covered merchandise referral referenced
with paper, paperboard, plastics, or similar SUPPLEMENTARY INFORMATION: above, will begin a new segment of the
backing materials on one side or both sides proceeding, and intends to issue a
of the aluminum foil, as well as etched Background
capacitor foil and aluminum foil that is cut
determination regarding whether the
On February 24, 2016, the Trade merchandise subject to the referral is
to shape.
Where the nominal and actual
Facilitation and Trade Enforcement Act covered merchandise within the
measurements vary, a product is within the of 2015 was signed into law, which meaning of section 517(a)(3) of the Act.
scope if application of either the nominal or contains Title IV-Prevention of Evasion Additionally, Commerce intends to
actual measurement would place it within of Antidumping and Countervailing provide interested parties with the
the scope based on the definitions set forth Duty Orders (short title ‘‘Enforce and opportunity to participate in this
above. The products under investigation are Protect Act of 2015’’ or ‘‘EAPA’’) (Pub. segment of the proceeding, including
currently classifiable under Harmonized L. 114–125, 130 Stat. 122, 155, Feb. 24, through the submission of comments,
Tariff Schedule of the United States (HTSUS) 2016). Effective August 22, 2016, section and, if appropriate, new factual
subheadings 7607.11.3000, 7607.11.6000, 421 of the EAPA added section 517 to
7607.11.9030, 7607.11.9060, 7607.11.9090,
information and verification.
and 7607.19.6000. Further, merchandise that
the Tariff Act of 1930, as amended (the Specifically, Commerce will notify
falls within the scope of this proceeding may Act), which establishes a formal process parties on the segment-specific service
also be entered into the United States under for CBP to investigate allegations of the list for this segment of the proceeding of
HTSUS subheadings 7606.11.3060, evasion of antidumping and a schedule for comments. In addition,
7606.11.6000, 7606.12.3045, 7606.12.3055, countervailing duty (AD/CVD) orders. Commerce may request factual
7606.12.3090, 7606.12.6000, 7606.91.3090, Section 517(b)(4)(A) of the Act provides information from any person to assist in
7606.91.6080, 7606.92.3090, and a procedure whereby if, during the making its determination and may
7606.92.6080. course of an EAPA investigation, CBP is verify submissions of factual
Although the HTSUS subheadings are unable to determine whether the information, if Commerce determines
provided for convenience and customs
purposes, the written description of the
merchandise at issue is covered that such verification is appropriate.
scope of this proceeding is dispositive. merchandise within the meaning of Commerce intends to issue a final
section 517(a)(3) of the Act, it shall refer determination within 120 days of the
[FR Doc. 2018–04402 Filed 3–2–18; 8:45 am]
the matter to Commerce to make such a publication of this notice (this deadline
BILLING CODE 3510–DS–P
determination. Section 517(a)(3) of the
Act defines covered merchandise as 1 See Letter from CBP, ‘‘EAPA Case Number:
merchandise that is subject to an 7212; Scope Referral Request for merchandise
DEPARTMENT OF COMMERCE under EAPA Investigation 7212, imported by LM
antidumping duty order issued under Supply, Inc. and concerning the investigation of
International Trade Administration section 736 of the Act or a evasion of the antidumping duty order on
countervailing duty order issued under hydrofluorocarbon blends from the People’s
[A–570–028] section 706 of the Act. Section Republic of China (A–570–028),’’ dated December
sradovich on DSK3GMQ082PROD with NOTICES
4, 2017. This document and any supporting
517(b)(4)(B) of the Act states that documents will be available electronically on
Hydrofluorocarbon Blends From the
Commerce, after receiving a covered Enforcement and Compliance’s Antidumping Duty
People’s Republic of China: Notice of
merchandise referral from CBP, shall and Countervailing Duty Centralized Electronic
Covered Merchandise Referral Service System (ACCESS) within five days of
determine whether the merchandise is
publication of this notice.
AGENCY: Enforcement and Compliance, covered merchandise and promptly 2 See Hydrofluorocarbon Blends from the People’s
International Trade Administration, transmit its determination to CBP. The Republic of China: Antidumping Duty Order, 81 FR
Department of Commerce. Act does not establish a deadline within 55436 (August 19, 2016).
VerDate Sep<11>2014 19:25 Mar 02, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05MRN1.SGM 05MRN1](https://thefederalregister.org/doc/83_FR_9317/page/4.svg)
Document Created: 2018-03-03 02:45:55
Document Modified: 2018-03-03 02:45:55
| 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 | |
| Dates | Applicable March 5, 2018. | |
| Contact | Yasmin Bordas, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-3813. | |
| FR Citation | 83 FR 9274 |
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