( printed page 102108)

SUPPLEMENTARY INFORMATION:

Background

In accordance with sections 751(a)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(b)(5), on November 12, 2024, Commerce published its final results in the countervailing duty administrative review of aluminum foil from China.^[1] On November 13, 2024, the Aluminum Association Trade Enforcement Working Group and its individual members (collectively, the petitioners) timely alleged that Commerce made a ministerial error in the Final Results.^[2] No party submitted rebuttal comments.

Scope of the Order ^[3]

The product covered by the scope of the Order is aluminum foil from China. A full description of the scope of the Order is contained in the Final Results IDM.

Ministerial Errors

Section 751(h) of the Act, and 19 CFR 351.224(f) define a “ministerial error” as an error “in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any similar type of unintentional error which the Secretary considers ministerial.” Commerce finds that the purported error alleged by the petitioners constitutes a ministerial error within the meaning of 19 CFR 351.224(f).^[4] Specifically, we committed a ministerial error with regard to the calculation of mandatory respondent Jiangsu Zhongji Lamination Materials Co., (HK) Limited's (Zhongji HK's) input supplier company sales denominators, and consequently, the subsidy rate calculations performed in connection with Zhongji HK's affiliated input supplier company sales denominators. For a complete discussion of this alleged error, see the Ministerial Error Analysis Memorandum.

In accordance with section 751(h) of the Act and 19 CFR 351.224(e), we are amending the Final Results.^[5] Specifically, we are amending the net subsidy rate for Zhongji HK. The revised net subsidy rate is provided in the table below. As a result of amending the net subsidy rate for Zhongji HK, we are also amending the rate for the non-selected companies, which is the average of the average of the rates calculated for two mandatory respondents, as provided in the table below.

Amended Final Results of Review

As a result of correcting the ministerial errors described above, Commerce determines the following net countervailable subsidy rates for the period January 1, 2022, through December 31, 2022:

Disclosure

Commerce intends to disclose the calculations performed for these amended final results within five days after the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b).

Assessment Rates

In accordance with section 751(a)(1) of the Act and 19 CFR 351.212(b)(2), Commerce shall determine, and U.S. Customs and Border Protections (CBP) shall assess, countervailing duties on all appropriate entries of subject merchandise in accordance with the amended final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of these amended final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).

Cash Deposit Requirements

In accordance with section 751(a)(1) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for the companies subject to this review, effective November 12, 2024, the date of publication of the Final Results in the Federal Register . For all non-selected companies, CBP will continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposits, when imposed, shall remain in effect until further notice. ( printed page 102109)

Administrative Protective Order

This notice also serves as a final reminder to parties subject to an administrative protective order (APO) 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 terms of an APO is a sanctionable violation.

Notification to Interested Parties

We are issuing and publishing these amended final results of the review in accordance with sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

Appendix

Non-Selected Companies Under Review

1. Alcha International Holdings Limited

2. Baotou Alcha Aluminum Co., Ltd.

3. Gränges Aluminum (Shanghai) Co., Ltd.

4. Guangxi Baise Xinghe Aluminum Industry Co., Ltd.

5. Hunan Suntown Marketing Limited

6. Jiangyin Dolphin Pack Ltd. Co.

7. Luoyang Longding Aluminium Industries Co., Ltd.

8. Shandong Yuanrui Metal Material Co., Ltd.

9. Shanghai Huafon Aluminium Corporation

10. Shanghai Shenhuo Aluminium Foil Co., Ltd.

11. Shanghai Shenyan Packaging Materials Co., Ltd.

12. SNTO International Trade Limited

13. Suntown Technology Group Corporation Limited

14. Xiamen Xiashun Aluminium Foil Co. Ltd.

15. Yangtai Jintai International Trade Co., Ltd.

16. Yantai Donghai Aluminum Co., Ltd.

17. Yinbang Clad Material Co., Ltd.

18. Zhejiang Zhongjin Aluminum Industry Co., Ltd.

89 FR 102107