• Effective Date: Apr 02, 2021
  • Period of Review: Nov 02, 2017 to Mar 31, 2019
  • Notice of Lifting of Suspension Date: Apr 12, 2023
  • Cite as: 86 FR 17358 • Cite date: Apr 02, 2021
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 5 below. 1. On 07/23/2020, the U.S. Court of Appeals for the Federal Circuit issued a final decision in the case of Valeo North America, Inc., et al. v. United States (CAFC Court No. 2020-1136; CIT consol. court no. 18-00087, consolidating court number 18-00105). 1a. Court Case Number 18-00105: The injunction to which message 8200301 dated 07/19/2018 refers, enjoined entries that were imported by Proampac Intermediate, Inc., Ampac Holdings, LLC, and Jen-Coat. Inc., D.B.A. Prolamina; that were the subject of the United States Department of Commerce's final determination in 83 FR 9282 (Final); 83 FR 17362 (Amended Final and Order); that were entered or withdrawn from warehouse for consumption on or after 11/02/2017 up to and including 03/31/2019, and that were exported and produced by the following companies: 1) Jiangsu Dingsheng New Materials Joint Stock Co. Ltd. or 2) Dingsheng Aluminum Industries (Hong Kong) Trading Co., Ltd., or 3) Hangzhou Teemful Aluminum Co., Ltd., or 4) Inner Mongolia Liansheng New Energy Material Joint-Stock Co., Ltd., or 5) Hangzhou Five Star Aluminum Co., Ltd., or 6) Walson (HK) Trading Co., Limited, or 7) Hangzhou Dingsheng Import & Export Co., Ltd. The injunction to which message 8200301 dated 07/19/2018 refers also enjoined liquidation of entries of certain aluminum foil which were imported by Proampac Intermediate, Inc., Ampac Holdings, LLC, and Jen-Coat Inc., D.B.A. Prolamina, and exported by the PRC-Wide Entity and produced by the PRC-Wide Entity. 1b. Court Case Number 18-00087: The injunction to which message 8204304 dated 07/23/2018 refers, enjoined entries that were imported by MAHLE Behr Charleston, Inc., or MAHLE Behr Dayton, L.L.C., or MAHLE Behr Manufacturing Management, Inc., or MAHLE Manufacturing Management, Inc., or MAHLE Behr Troy Inc, or MAHLE Behr USA Inc.; that were the subject of the United States Department of Commerce's final determination in 83 FR 9282 (Final); 83 FR 17362 (Amended Final and Order); that were entered or withdrawn from warehouse for consumption on or after 11/02/2017 up to and including 03/31/2019, that were exported by Alcha International Holdings Limited and produced by Jiangsu Alcha Aluminum Co., Ltd. or were both exported and produced by Huafon Nikkei Aluminum Corporation. 1c. As a result of the court's decision, the injunctions to which messages 8200301 and 8204304 (identified above at paragraphs 1a through 1b) dissolved on 12/20/2020. 2. Liquidation Liquidation of entries should be made pursuant to Certain Aluminum Foil from the People's Republic of China: Amended Final Results of the Antidumping Duty Administrative Review; 2017-2019 (86 FR 17358, dated 04/02/2021). For all shipments of aluminum foil from the People's Republic of China from the producers and/or exporters listed below that were entered, or withdrawn from warehouse, for consumption during the period 11/02/2017 through 03/31/2019, assess an antidumping duty liability at the rates identified in the applicable liquidation instructions previously issued for this period of review. 2a. Message 9183304, dated 07/02//2019, provided liquidation instructions. 2b. Message 1141413, dated 05/21/2021, provided liquidation instructions for the following companies: Alcha International Holdings Limited; Dingsheng Aluminium Industries (Hong Kong) Trading Co., Limited (Dingsheng Aluminium Industries (Hong Kong) Trading Co., Ltd.); Granges Aluminum (Shanghai) Co., Ltd.; Hangzhou Dingsheng Import & Export Co., Ltd. (Hangzhou Dingsheng Import and Export Co., Ltd); Hunan Suntown Marketing Limited; Jiangsu Alcha Aluminum Co., Ltd; Shanghai Shenyan Packaging Materials Co; SNTO International Trade Limited; and Suzhou Manakin Aluminum Processing Technology Co., Ltd. 2c. Message 2061403, dated 03/02/2022, provided liquidation instructions for the following companies: Hangzhou Five Star Aluminum Co., Ltd.; Hangzhou Teemful Aluminum Co., Ltd.; Walson (HK) Trading Co., Limited; Alcha International Holdings Limited; Jiangsu Alcha Aluminum Corporation; Baotou Alcha Aluminum Co., Ltd.; Jiangsu Dolphin Pack Co.; Suntown Technology Group Limited; Luoyang Longding Aluminum Industries Co., Ltd.; Guangxi Baise Xinghe Aluminum Industry Co., Ltd.; Yantai Donghai Aluminum Foil Co., Limited; Yantai Jintai International Trade Co., Ltd.; Yinbang Clad; Zhejiang Zhongjin; and Huafon Nikkei Aluminum Co., Ltd. 3. These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2. Accordingly, notice of the lifting of suspension occurred on the message date of these instructions. Unless instructed otherwise, for all other shipments of certain aluminum foil from the People's Republic of China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates. 4. The injunction with court number 21-00138 discussed in message number 1126417, dated 05/06/2021, is applicable to the entries produced and/or exported by Jiangsu Zhongji Lamination Materials Co., (HK) Ltd., Jiangsu Zhongji Lamination Materials Stock Co., Ltd., Jiangsu Zhongji Lamination Materials Co., Ltd., and Jiangsu Huafeng Aluminum Industry Co., Ltd and sold during the period 11/02/2017 through 03/31/2019. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 5. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVI:MJH.) 7. There are no restrictions on the release of this information. Alexander Amdur