Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 2022

<NOTICE> DEPARTMENT OF COMMERCE <SUBAGY>International Trade Administration</SUBAGY> <DEPDOC>[C-570-054]</DEPDOC> <SUBJECT>Certain Aluminum Foil From the People's Republic of China: Final Results of Countervailing Duty Administrative; 2022</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Enforcement and Compliance, International Trade Administration, Department of Commerce. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The U.S. Department of Commerce (Commerce) determines that countervailable subsidies were provided to certain exporters/producers of certain aluminum foil (aluminum foil) from the People's Republic of China (China) during the period of review (POR) January 1, 2022, through December 31, 2022. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable November 12, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Natasia Harrison or Harrison Tanchuck, 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) 482-1240 or (202) 482-7421, respectively. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On May 2, 2024, Commerce published the <E T="03">Preliminary Results</E> of this administrative review in the <E T="04">Federal Register</E> and invited comments from interested parties. <SU>1</SU> <FTREF/> On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. <SU>2</SU> <FTREF/> On July 26, 2024, Commerce extended the deadline for issuing these final results to November 5, 2024. <SU>3</SU> <FTREF/> For a complete description of the events that occurred since the <E T="03">Preliminary Results, see</E> the Issues and Decision Memorandum. <SU>4</SU> <FTREF/> <FTNT> <SU>1</SU>   <E T="03">See Certain Aluminum Foil from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2022,</E> 89 FR 35790 (May 2, 2024) ( <E T="03">Preliminary Results</E> ), and accompanying Preliminary Decision Memorandum. </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024. </FTNT> <FTNT> <SU>3</SU>  Commerce extended the time period for the final results to 180 days after the publication date of the <E T="03">Preliminary Results</E> ( <E T="03">i.e.,</E> October 29, 2024). However, because Commerce tolled certain deadlines in this administrative review by seven days, the deadline is now November 5, 2024. <E T="03">See</E> Memorandum, “Extension of Deadline for Final Results of Countervailing Duty Administrative Review, 2022,” dated July 26, 2024. </FTNT> <FTNT> <SU>4</SU>   <E T="03">See</E> Memorandum, “Issues and Decision Memorandum for the Final Results of the Countervailing Duty Administrative Review of Certain Aluminum Foil from the People's Republic of China; 2022,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). </FTNT> <HD SOURCE="HD1"> Scope of the Order  <E T="51">5</E> <E T="03">See Certain Aluminum Foil from the People's Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order,</E> 83 FR 17360 (April 19, 2018); <E T="03">see also Certain Aluminum Foil from the People's Republic of China: Notice of Court Decision Not in Harmony With the Amended Final Determination in the Countervailing Duty Investigation, and Notice of Amended Final Determination and Amended Countervailing Duty Order,</E> 85 FR 47730 (August 6, 2020) (collectively, <E T="03">Order</E> ). </FTNT> The product covered by the scope of the <E T="03">Order</E> is aluminum foil from China. A full description of the scope of the <E T="03">Order</E> is contained in the Issues and Decision Memorandum. <HD SOURCE="HD1">Analysis of Comments Received</HD> All issues raised by the interested parties in their case and rebuttal briefs are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is provided in Appendix I to 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 <E T="03">https://access.trade.gov.</E> In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx.</E> <HD SOURCE="HD1">Changes Since the Preliminary Results</HD> Based on our analysis of comments from interested parties and the evidence on the record, we revised the calculation of the net countervailable subsidy rates for Hangzhou Five Star Aluminium Co., Ltd. (Five Star) and Jiangsu Zhongji Lamination Materials Co., (HK) Limited (Zhongji HK). In addition, we have also revised the rate applicable to companies not selected for individual review. For a discussion of these changes, <E T="03">see</E> the Issues and Decision Memorandum. <HD SOURCE="HD1">Methodology</HD> Commerce conducted this administrative review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, <E T="03">i.e.,</E> a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific. <SU>6</SU> <FTREF/> For a complete description of the methodology underlying all of Commerce's conclusions, including our reliance, in part, on facts otherwise available, including adverse facts available, pursuant to sections 776(a) and (b) of the Act, <E T="03">see</E> the Issues and Decision Memorandum. <FTNT> <SU>6</SU>   <E T="03">See</E> sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. </FTNT> <HD SOURCE="HD1">Companies Not Selected for Individual Review</HD> The statute and Commerce's regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides the basis for calculating the all-others rate in an investigation. Section 705(c)(5)(A)(i) of the Act instructs Commerce, as a general rule, to calculate an all-others rate equal to the weighted average of the countervailable subsidy rates established for exporters and/or producers individually examined, excluding any rates that are zero, <E T="03">de minimis,</E> or based entirely on facts available. There are 18 companies for which a review was requested and not rescinded, and which were not selected as mandatory respondents or found to be cross-owned with a mandatory respondent. In this review, the preliminary rates calculated for Five Star and Zhongji HK are above <E T="03">de minimis</E> and not based entirely on facts available. Therefore, we are applying to the non-selected companies the simple average of the net subsidy rates calculated for Five Star and Zhongji HK. <SU>7</SU> <FTREF/> <FTNT> <SU>7</SU>  With two respondents under examination, Commerce normally calculates: (A) a weighted-average of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company's publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. <E T="03">See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part,</E> 75 FR 53661, 53663 (September 1, 2010). </FTNT> <HD SOURCE="HD1">Final Results of Review</HD> We determine the following net countervailable subsidy rates exist for the period January 1, 2022, through December 31, 2022: <FTREF/> <FTNT> <SU>8</SU>  Commerce finds the following companies to be to be cross-owned with Five Star: Jiangsu Dingsheng New Materials Joint-Stock Co., Ltd. (Jiangsu Dingsheng), Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited or Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd. (Dingsheng HK), Hangzhou Dingsheng Import & Export Co., Ltd. or Hangzhou Dingsheng Import and Export Co., Ltd. (Dingsheng IE), Hangzhou Teemful Aluminium Co., Ltd. (Teemful), Inner Mongolia Liansheng New Energy Material Co., Ltd. or Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd. (Liansheng), Inner Mongolia Liansheng New Energy Material Co., Ltd. or Inner Mongolia Xinxing New Material Co., Ltd. (Xinxing), Hangzou Dingsheng Industrial Group Co., Ltd. (Dingsheng Group), Hangzhou Dingcheng Aluminum Co., Ltd. (Dingcheng); Luoyang Longding Aluminium Co., Ltd. (Longding); Walson (HK) Trading Co., Limited (Walson HK); Dingheng New Materials Co., Ltd. (Dingheng) and Thai Ding Li New Materials Co., Ltd. (Ding Li), (collectively, Dingsheng Respondents). Longding, Walson HK, Dingheng and Ding Li ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 20k characters. 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