SUPPLEMENTARY INFORMATION:

Background

On April 19, 2018, Commerce published the sales at less-than-fair-value order on aluminum foil from China.^[1] On April 1, 2025, Commerce published a notice of opportunity to request an administrative review of the Order, pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended (the Act).^[2] On June 12, 2024, in response to review requests from interested parties, Commerce published the notice of initiation of an administrative review of the Order covering 24 companies.^[3] On July 22, 2024, and December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days and 90 days, respectively.^[4] Between February 27, and July 16, 2025, Commerce extended the deadline for the preliminary results of this review until August 5, 2025.^[5]

For a summary of the events that occurred since the initiation of this review and the analysis for these preliminary results, see the Preliminary Decision Memorandum.^[6] A list of topics included in the Preliminary Decision memorandum is provided as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/​public/​FRNoticesListLayout.aspx.

Scope of the Order

The merchandise subject to the Order is aluminum foil from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.

Preliminary Affiliation and Single Entity Determination

Consistent with Commerce's treatment of: (1) Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd.; (2) Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium); (3) Hangzhou Dingsheng Import&Export Co., Ltd. (Hangzhou Dingsheng); (4) Hangzhou Five Star Aluminium Co., Ltd (Hangzhou Five Star); (5) Hangzhou Teemful Aluminium Co., Ltd. (Hangzhou Teamful); (6) Inner Mongolia Liansheng New Energy Material Co. (Inner Mongolia Liansheng); and (7) Inner Mongolia Xinxing New Energy Material Co., Ltd. (Inner Mongolia Xinxing) in a prior ( printed page 38450) segment of this proceeding,^[7] we have continued to find that these companies are affiliated entities, pursuant to sections 771(33)(E) and (F) of the Act, and that they should be treated as a single entity pursuant to 19 CFR 351.401 (f)(1)-(2). In this review, we are additionally preliminarily finding: Dingheng New Materials Co., Ltd. (Dingheng); and Thai Ding Li New Materials Co., Ltd. (Thai Ding Li) affiliated with the companies identified above, pursuant to sections 771(33)(E) and (F) of the Act, and that they should be treated as part of the single entity, pursuant to 19 CFR 351.401(f)(1)-(2). For more information, see Preliminary Decision Memorandum.

Consistent with Commerce's treatment of: (1) Jiangsu Zhongji Lamination Materials Co., Ltd. (Zhongji); (2) Jiangsu Huafeng Aluminium Industry Co., Ltd. (Jiangsu Huafeng); and (3) Jiangsu Zhongji Lamination Materials Co., (HK) Limited (Zhongji HK) in a prior segment of this proceeding,^[8] we have continued to find that these companies are affiliated entities, pursuant to sections 771(33)(E) and (F) of the Act, and that they should be treated as a single entity, pursuant to 19 CFR 351.401(f)(1)-(2). In this review, we are additionally preliminarily finding that: (1) Anhui Zhongji Battery Foil Sci&Tech Co., Ltd. (Anhui Zhongji); (2) Anhui Maximum Aluminum Co., Ltd. (Anhui Maximum); and (3) Sichuan Wanshun Zhongji Aluminium Industry Co., Ltd. (Sichuan Wanshun) are affiliated with the companies identified above, pursuant to sections 771(33)(E) and (F) of the Act, and that they should be treated as a single entity, pursuant to 19 CFR 351.401(f)(1)-(2). For additional information, see the Preliminary Decision Memorandum.

Separate Rates

In the Initiation Notice, we informed parties that all firms for which a non-market economy review was initiated that wished to qualify for separate rate status must complete, as appropriate, either a separate rate application (SRA) or a separate rate certification (SRC).^[9] Commerce preliminarily determines that: (1) Dingheng; ^[10] (2) Zhongji; ^[11] (3) Dong-IL Aluminium Co., Ltd. (Dong-IL); (4) Eastern Valley Co., Ltd. (Eastern Valley); (5) Korea Aluminium Co., Ltd. (Korea Aluminium); (6) Lotte Aluminium Co., Ltd. (Lotte); and (7) Xiamen Xiashun Aluminum Foil Co., Ltd. (Xiamen Xiashun) are eligible to receive a separate rate.^[12]

Calculation of the Separate Rate

The statute and Commerce's regulations do not address what dumping margin to apply to respondents that are not selected for individual examination in an administrative review pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the dumping margin for respondents that are not individually examined in an administrative review. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis dumping margins, and any dumping margins determined entirely {on the basis of facts available}.”

In these preliminary results, we calculated rates for Dingsheng and Zhongji that are not zero, de minimis, or based entirely on facts available. Therefore, the rates of Dingsheng and Zhongji are applicable to companies not selected for individual examination but eligible for a separate rate. However, because there are only two relevant weighted-average dumping margins for these preliminary results, using a weighted average of these two rates risks disclosure of business proprietary information (BPI). We therefore compared a weighted-average of the rates calculated for Dingsheng and Zhongji using publicly ranged quantity and value data with BPI data as well as a simple average of the respondents' calculated rates.^[13] For the reasons explained in the Preliminary Decision Memorandum, we are assigning a 26.94 percent rate to the non-individually examined companies which qualify for a separate rate in this review, consistent with Commerce's practice and section 735(c)(5)(A) of the Act.

China-Wide Entity

In the Initiation Notice, Commerce stated exporters and producers who submit an SRA or SRC and are subsequently chosen as mandatory respondents will no longer be eligible for a separate rate if they do not respond to all parts of the questionnaire.^[14] Commerce initially chose Shanghai Shenyan Packaging Co., Ltd. (Shanghai Shenyan) as a mandatory respondent,^[15] but it withdrew from participation and did not respond to all parts of the questionnaire ^[16] Therefore, we preliminarily find it is ineligible for a separate rate and is preliminarily considered to be part of the China-wide entity.^[17]

Commerce also preliminarily determines that, after failing to submit an SRA or SRC, (1) Dongwon Systems Corp. (Dongwon); (2) Gränges Aluminum (Shanghai) Co., Ltd. (Gränges); (3) Sama Aluminium Co Ltd, (Sama); and (4) Shanghai Shenhuo Aluminium Foil Co., Ltd. (Shanghai Shenhuo) are not eligible for a separate rate and are, therefore, considered part of the China-wide entity.^[18]

Under Commerce's policy regarding the conditional review of the China-wide entity, the China-wide entity will not be under review unless a party specifically requests, or Commerce self-initiates, a review of the entity. ^[19] ( printed page 38451) Because no party requested a review of the China-wide entity in this review, the entity is not under review, and the entity's rate ( i.e., 105.80 percent) is not subject to change.^[20]

Preliminary Negative Determination of No Shipments

Anhui Zhongji ^[21] and Jiangsu Huafeng ^[22] reported no shipments of subject merchandise to the United States during the POR. In the underlying investigation, Commerce collapsed Jiangsu Huafeng with Zhongji, and Zhongji HK ^[23] one of which had entries during the POR. Furthermore, Zhongji reported that Anhui Zhongji is an affiliated company involved in the production of subject merchandise.^[24] Because a company within the Anhui Zhongji and Jiangsu Huafeng “single entity” had shipments that entered during the POR, we consider all companies within the Anhui Zhongji and Jiangsu Huafeng “single entity” to have made shipments that entered during the POR. Accordingly, we are not making a preliminary determination of no shipments with respect to Anhui Zhongji or Jiangsu Huafeng.

Methodology

Commerce is conducting this administrative review in accordance with section 751(a)(1)(B) of the Act. We calculated export prices in accordance with section 772 of the Act.

Because Commerce has determined that China is a non-market economy country ^[25] within the meaning of section 771(18) of the Act, Commerce calculated normal value in accordance with section 773(c) of the Act. For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum.

Preliminary Results of Review

Commerce preliminarily determines that the following weighted-average dumping margins exist for the period April 1, 2023, through March 31, 2024:

Disclosure

Commerce intends to disclose the calculations performed for these preliminary results to interested parties within five days after public announcement, or if there is no public announcement, within five days of the date of publication of this notice in the Federal Register .

Public Comment

Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 351.309(c)(1)(ii), we have modified the deadline for interested parties to submit case briefs to Commerce to no later than 21 days after the date of the publication of this notice.^[27] Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.^[28] Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) a statement of the issue; and (2) a table of authorities.^[29] All briefs must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety in ACCESS by 5:00 p.m. Eastern Time on the established deadline.

As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged interested parties to provide an executive summary of their briefs that should be limited to five pages total, including footnotes. In this review, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.^[30] Further, we request that interested parties limit their executive summary of each issue to no more than 450 words, not including citations. We intend to use the executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. We request that interested parties include footnotes for relevant citations in the executive summary of each issue. Note that Commerce has amended certain of its requirements pertaining to the service of documents in 19 CFR 351.303(f).^[31]

( printed page 38452)

Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.

Commerce intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act, unless otherwise extended.

Assessment Rates

In accordance with section 751(a)(2)(C) of the Act, upon issuance of the final results, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.^[32] Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the 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).

For Dingheng and Zhongji, Commerce intends to calculate importer or customer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).^[33] Where the respondent reported reliable entered values, Commerce intends to calculate importer or customer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer or customer and dividing this amount by the total entered value of the merchandise sold to the importer or customer.^[34] Where the respondent did not report entered values, Commerce will calculate importer or customer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer or customer by the total quantity of those sales. Commerce will calculate an estimated ad valorem importer or customer-specific assessment rate to determine whether the per-unit assessment rate is de minimis; however, Commerce will use the per-unit assessment rate where entered values were not reported.^[35] Where an importer or customer-specific ad valorem assessment rate is not zero or de minimis, Commerce will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer or customer-specific ad valorem assessment rate is zero or de minimis, Commerce will instruct CBP to liquidate appropriate entries without regard to antidumping duties.^[36]

Commerce will base the assessment rate of any company not selected for individual examination that qualifies for a separate rate on the weighted-average dumping margin that it calculates for Dingheng and Zhongji in the final results of this review.^[37]

Pursuant to Commerce's refinement to its practice, for sales that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, Commerce will instruct CBP to liquidate the entry of such merchandise at the dumping margin for the China-wide entity.^[38] Additionally, where Commerce determines that an exporter under review had no shipments of subject merchandise to the United States during the POR, any suspended entries of subject merchandise that entered under that exporter's CBP case number during the POR will be liquidated at the dumping margin for the China-wide entity.

For the final results, if we continue to treat: (1) Dongwon; (2) Gränges; (3) Sama; (4) Shanghai Shenyan; and (5) Shanghai Shenhuo as part of the China-wide entity, we will instruct CBP to apply an ad valorem assessment rate of 105.80 percent to all entries of subject merchandise during the POR which were exported by these companies. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.

Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the 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

The following deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the exporters listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated or reviewed Chinese and non-Chinese exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the China-wide entity; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese exporter.^[39] These deposit requirements, when imposed, shall remain in effect until further notice.

Final Results of Review

Unless the deadline is extended, Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised by interested parties in the written comments, within 120 after the date of publication of these preliminary results in the Federal Register .^[40]

Notification to Importers

This notice serves as a reminder to importers of their responsibility under ( printed page 38453) 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of double antidumping duties, and/or an increase in the amount of antidumping duties by the amount of the countervailing duties.

Notification to Interested Parties

We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 351.221(b)(4).

Appendix I

Non-Selected Companies Receiving a Separate Rate

1. Dong-IL Aluminium Co., Ltd.

2. Eastern Valley Co., Ltd.

3. Korea Aluminium Co., Ltd.

4. Lotte Aluminium Co., Ltd.

5. Xiamen Xiashun Aluminum Foil Co., Ltd.

Companies Determined To Be Part of the China-Wide Entity

1. Dongwon Systems Corp.

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

3. Sama Aluminium Co Ltd.

4. Shanghai Shenhuo Aluminium Foil Co., Ltd.

5. Shanghai Shenyan Packaging Co., Ltd.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. Discussion of the Methodology

V. Adjustments to Cash Deposit Rates for Export Subsidies

VI. Currency Conversion

VII. Recommendation

90 FR 38449