Certain Aluminum Foil From the People's Republic of China: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2023

<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: Preliminary Results and Rescission, in Part, of Countervailing Duty Administrative Review; 2023</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) preliminarily determines that countervailable subsidies were provided to producers and exporters of certain aluminum foil (aluminum foil) from the People's Republic of China (China). The period of review (POR) is January 1, 2023, through December 31, 2023. In addition, Commerce is rescinding this review, in part, with respect to 18 companies. Interested parties are invited to comment on these preliminary results. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Applicable August 8, 2025. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Natasia Harrison, 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On June 12, 2024, based on timely requests for review, Commerce initiated this administrative review of the countervailing duty (CVD) order on aluminum foil from China. <SU>1</SU> <FTREF/> On August 8, 2024, Commerce selected Dingheng New Materials Co., Ltd. (Dingheng) and Shanghai Shenyan Packaging Materials Co., Ltd. (Shenyan) for individual examination as the mandatory respondents in this administrative review. <SU>2</SU> <FTREF/> On August 22, 2024, Shenyan withdrew its request for administrative review of itself and notified Commerce that it would not participate in this review. <SU>3</SU> <FTREF/> On September 10, 2024, the petitioners  <SU>4</SU> <FTREF/> withdrew their request for review with respect to Dingheng; the petitioners were the only party to request a review of Dingheng in this administrative review. <SU>5</SU> <FTREF/> Subsequently, on October 4, 2024, Commerce selected Jiangsu Zhongji Lamination Materials Co., Ltd. (f/k/a Jiangsu Zhongji Lamination Materials Stock Co., Ltd.) (Zhongji), the Chinese exporter with the next largest volume of entries of subject merchandise during the POR, as an additional mandatory respondent. <SU>6</SU> <FTREF/> On July 22, and December 9, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days and 90 days, respectively. <SU>7</SU> <FTREF/> On November 6, 2024, Commerce extended the deadline for these preliminary results by 120 days. <SU>8</SU> <FTREF/> The deadline for these preliminary results is now August 5, 2025. <FTNT> <SU>1</SU>   <E T="03">See Initiation of Antidumping and Countervailing Duty Administrative Reviews</E> , 89 FR 49844, 49854 (June 12, 2024) ( <E T="03">Initiation Notice</E> ); <E T="03">see also 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> <FTNT> <SU>2</SU>   <E T="03">See</E> Memorandum, “Respondent Selection,” dated August 8, 2024. </FTNT> <FTNT> <SU>3</SU>   <E T="03">See</E> Shenyan's Letters, “Withdrawal of Request for Administrative Review” and “Notice of Intent Not to Participate,” both dated August 22, 2024. </FTNT> <FTNT> <SU>4</SU>  The petitioners are the Aluminum Association Trade Enforcement Working Group and its individual members: JW Aluminum Company, Novelis Corporation, and Reynolds Consumer Products LLC. </FTNT> <FTNT> <SU>5</SU>   <E T="03">See</E> Petitioners' Letter, “Petitioners' Partial Withdrawal of Requests for Administrative Reviews,” dated September 10, 2024 (Petitioners' Partial Withdrawal Request). </FTNT> <FTNT> <SU>6</SU>   <E T="03">See</E> Memorandum, “Selection of Additional Mandatory Respondent for Individual Examination,” dated October 4, 2024. </FTNT> <FTNT> <SU>7</SU>   <E T="03">See</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024; <E T="03">see also</E> Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated December 9, 2024. </FTNT> <FTNT> <SU>8</SU>   <E T="03">See</E> Memorandum, “Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2023,” dated November 6, 2024. </FTNT> For a complete description of the events that followed the initiation of this review, <E T="03">see</E> the Preliminary Decision Memorandum. <SU>9</SU> <FTREF/> A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I 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 <E T="03">https://access.trade.gov</E> . In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at <E T="03">https://access.trade.gov/public/FRNoticesListLayout.aspx</E> . <FTNT> <SU>9</SU>   <E T="03">See</E> Memorandum, “Decision Memorandum for the Preliminary Results of the Administrative Review of Countervailing Duty Order on Certain Aluminum Foil from the People's Republic of China; 2023,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). </FTNT> <HD SOURCE="HD1">Scope of the Order</HD> The product covered by the <E T="03">Order</E> is aluminum foil from China. For a complete description of the scope of the <E T="03">Order, see</E> the Preliminary Decision Memorandum. <HD SOURCE="HD1">Rescission of Administrative Review, in Part</HD> Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraw the request within 90 days of the publication date of the notice of initiation of the requested review. Commerce received timely-filed withdrawal requests with respect to 17 companies, pursuant to 19 CFR 351.213(d)(1). Because the withdrawal requests were timely filed, and no other parties requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this review of the <E T="03">Order</E> with respect to these companies. For a list of these companies with timely-filed withdrawal of review requests, <E T="03">see</E> Appendix II. Pursuant to 19 CFR 351.213(d)(3), Commerce will rescind an administrative review when there are no reviewable suspended entries. Based on our analysis of U.S. Customs and Border Protection (CBP) information, we preliminarily determine that 26 companies had no entries of subject merchandise during the POR. On October 24, 2024, we notified parties that we intended to rescind this administrative review with respect to the companies that have no reviewable suspended entries. <SU>10</SU> <FTREF/> Certain interested parties commented on this notification of intent to rescind the review, in part. <SU>11</SU> <FTREF/> We are now rescinding the administrative review of one company that had no reviewable suspended entries, Prosvic Sales, Inc. <E T="03">See</E> Appendix II. For further information, <E T="03">see</E> the Preliminary Decision Memorandum the at the “Rescission of Administrative Review, in Part” section. <FTNT> <SU>10</SU>   <E T="03">See</E> Memorandum, “Notice of Intent to Rescind Review, In Part,” dated October 24, 2024 (Notice of Intent to Partially Rescind Review). This memorandum inadvertently included the following companies that were either examined cross-owned affiliates of mandatory respondent Zhongij or former business names of Zhongji and its cross-owned affiliates: (1) Anhui Maximum Aluminium Industries Co., Ltd.; (2) Anhui Zhongji Battery Foil Sci & Tech Co., Ltd.; (3) Jiangsu Huafeng Aluminium Industry Co., Ltd.; (4) Jiangsu Zhongji Lamination Materials Stock Co., Ltd.; (5) Shantou Wanshun New Material Group Co., Ltd.; and (6) Shantou Wanshun Package Material Stock Co., Ltd. Appropriately, we have examined Zhongji's cross-owned affiliates and have not rescinded the administrative review for these companies. </FTNT> <FTNT> <SU>11</SU>   <E T="03">See</E> Petitioners' Letter, “Comments Regarding the Department's Notice of Intent to Partially Rescind Administrative Review,” dated October 31, 2024; <E T="03">see also</E> Zhongji's Letter, “Comments on Notice of Intent to Rescind Review,” dated October 31, 2024; and Petitioners' Letter, “Petitioners' Rebuttal Comments Concerning Zhongji's Comments on Department's Notice of Intent to Rescind Review,” dated November 7, 2024. </FTNT> <HD SOURCE="HD1">Rate for Non-Selected Companies Under Review</HD> The Act and Commerce's regulations do not address the establishment of a rate to apply to companies not selected for individual examination when Commerce limits its examination in an administrative review pursuant to section 777A(e)(2) of the Tariff Act of 1930, as amended. However, Commerce normally determines the rates for non-selected companies in reviews in a manner that is cons ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 25k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━