[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80887-80889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33184]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Antidumping Order on Aluminum Extrusions from the People's 
Republic of China: Initiation of Changed Circumstances Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Initiation of Changed Circumstances Review.

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SUMMARY: In response to a request from Zhaoqing New Zhongya Aluminum 
Co., Ltd. (``New Zhongya''), a producer of aluminum extrusions from the 
People's Republic of China (``PRC''), and pursuant to section 751(b) of 
the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.216 
and 351.221(c)(3), the Department is initiating a changed circumstances 
review (``CCR'') of the antidumping duty order on aluminum extrusions 
from the PRC. This review is being conducted to determine whether 
Guangdong Zhongya Aluminum Company Limited is the successor-in-interest 
to New Zhongya for purposes of determining antidumping duty liability.

DATES: Effective Date: December 27, 2011.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office of AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4474.

Background

    New Zhongya, a producer of aluminum extrusions, participated in the 
antidumping duty investigation of aluminum extrusions from the PRC. The 
Department issued its final determination for this investigation on 
April 4, 2011. See Aluminum Extrusions From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value, 76 FR 
18524 (April 4, 2011); see also Aluminum Extrusions From the People's 
Republic of China: Notice of Correction to the Final Determination of 
Sales at Less Than Fair Value, 76 FR 20627 (April 13,

[[Page 80888]]

2011). As a result of this final determination, New Zhongya's weighted-
average dumping margin is 33.28 percent ad valorem. Id. The antidumping 
duty order was issued on May 26, 2011. See Aluminum Extrusions from the 
People's Republic of China: Antidumping Duty Order, 76 FR 30650 (May 
26, 2011).
    On November 7, 2011, New Zhongya requested a CCR claiming that it 
changed its name to Guangdong Zhongya Aluminum Company Limited. New 
Zhongya requested that the antidumping duty rates in effect before the 
date of the name change (i.e., August 16, 2011) continue under the new 
name. New Zhongya's request was accompanied by supporting documents, 
and the company stated that it underwent no changes other than the 
change in the name. Specifically, New Zhongya stated that no changes 
were made in personnel, management, ownership, facilities, customers, 
suppliers, etc.

Scope of the Order

    The merchandise covered by the order is aluminum extrusions which 
are shapes and forms, produced by an extrusion process, made from 
aluminum alloys having metallic elements corresponding to the alloy 
series designations published by The Aluminum Association commencing 
with the numbers 1, 3, and 6 (or proprietary equivalents or other 
certifying body equivalents). Specifically, the subject merchandise 
made from aluminum alloy with an Aluminum Association series 
designation commencing with the number 1 contains not less than 99 
percent aluminum by weight. The subject merchandise made from aluminum 
alloy with an Aluminum Association series designation commencing with 
the number 3 contains manganese as the major alloying element, with 
manganese accounting for not more than 3.0 percent of total materials 
by weight. The subject merchandise is made from an aluminum alloy with 
an Aluminum Association series designation commencing with the number 6 
contains magnesium and silicon as the major alloying elements, with 
magnesium accounting for at least 0.1 percent but not more than 2.0 
percent of total materials by weight, and silicon accounting for at 
least 0.1 percent but not more than 3.0 percent of total materials by 
weight. The subject aluminum extrusions are properly identified by a 
four-digit alloy series without either a decimal point or leading 
letter. Illustrative examples from among the approximately 160 
registered alloys that may characterize the subject merchandise are as 
follows: 1350, 3003, and 6060.
    Aluminum extrusions are produced and imported in a wide variety of 
shapes and forms, including, but not limited to, hollow profiles, other 
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that 
are drawn subsequent to extrusion (drawn aluminum) are also included in 
the scope.
    Aluminum extrusions are produced and imported with a variety of 
finishes (both coatings and surface treatments), and types of 
fabrication. The types of coatings and treatments applied to subject 
aluminum extrusions include, but are not limited to, extrusions that 
are mill finished (i.e., without any coating or further finishing), 
brushed, buffed, polished, anodized (including bright-dip anodized), 
liquid painted, or powder coated. Aluminum extrusions may also be 
fabricated, i.e., prepared for assembly. Such operations would include, 
but are not limited to, extrusions that are cut-to-length, machined, 
drilled, punched, notched, bent, stretched, knurled, swedged, mitered, 
chamfered, threaded, and spun. The subject merchandise includes 
aluminum extrusions that are finished (coated, painted, etc.), 
fabricated, or any combination thereof.
    Subject aluminum extrusions may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, window frames, door 
frames, solar panels, curtain walls, or furniture. Such parts that 
otherwise meet the definition of aluminum extrusions are included in 
the scope. The scope includes the aluminum extrusion components that 
are attached (e.g., by welding or fasteners) to form subassemblies, 
i.e., partially assembled merchandise unless imported as part of the 
finished goods `kit' defined further below. The scope does not include 
the non-aluminum extrusion components of subassemblies or subject kits.
    Subject extrusions may be identified with reference to their end 
use, such as fence posts, electrical conduits, door thresholds, carpet 
trim, or heat sinks (that do not meet the finished heat sink 
exclusionary language below). Such goods are subject merchandise if 
they otherwise meet the scope definition, regardless of whether they 
are ready for use at the time of importation.
    The following aluminum extrusion products are excluded: aluminum 
extrusions made from aluminum alloy with an Aluminum Association series 
designations commencing with the number 2 and containing in excess of 
1.5 percent copper by weight; aluminum extrusions made from aluminum 
alloy with an Aluminum Association series designation commencing with 
the number 5 and containing in excess of 1.0 percent magnesium by 
weight; and aluminum extrusions made from aluminum alloy with an 
Aluminum Association series designation commencing with the number 7 
and containing in excess of 2.0 percent zinc by weight.
    The scope also excludes finished merchandise containing aluminum 
extrusions as parts that are fully and permanently assembled and 
completed at the time of entry, such as finished windows with glass, 
doors with glass or vinyl, picture frames with glass pane and backing 
material, and solar panels. The scope also excludes finished goods 
containing aluminum extrusions that are entered unassembled in a 
``finished goods kit.'' A finished goods kit is understood to mean a 
packaged combination of parts that contains, at the time of 
importation, all of the necessary parts to fully assemble a final 
finished good and requires no further finishing or fabrication, such as 
cutting or punching, and is assembled `as is' into a finished product. 
An imported product will not be considered a `finished goods kit' and 
therefore excluded from the scope of the investigation merely by 
including fasteners such as screws, bolts, etc. in the packaging with 
an aluminum extrusion product.
    The scope also excludes aluminum alloy sheet or plates produced by 
other than the extrusion process, such as aluminum products produced by 
a method of casting. Cast aluminum products are properly identified by 
four digits with a decimal point between the third and fourth digit. A 
letter may also precede the four digits. The following Aluminum 
Association designations are representative of aluminum alloys for 
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The 
scope also excludes pure, unwrought aluminum in any form.
    The scope also excludes collapsible tubular containers composed of 
metallic elements corresponding to alloy code 1080A as designated by 
the Aluminum Association where the tubular container (excluding the 
nozzle) meets each of the following dimensional characteristics: (1) 
Length of 37 mm or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and 
(3) wall thickness not exceeding 0.13 mm.

[[Page 80889]]

    Also excluded from the scope of the order are finished heat sinks. 
Finished heat sinks are fabricated heat sinks made from aluminum 
extrusions the design and production of which are organized around 
meeting certain specified thermal performance requirements and which 
have been fully, albeit not necessarily individually, tested to comply 
with such requirements.
    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (``HTS''): 7604.21.0000, 7604.29.1000, 7604.29.3010, 
7604.29.3050, 7604.29.5030, 7604.29.5060, 7608.20.0030, and 
7608.20.0090. The subject merchandise entered as parts of other 
aluminum products may be classifiable under the following additional 
Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99 
as well as under other HTS chapters. In addition, fin evaporator coils 
may be classifiable under HTS numbers: 8418.99.80.50 and 8418.99.80.60. 
While HTS subheadings are provided for convenience and customs 
purposes, the written description of the scope of the order is 
dispositive.

Initiation of Changed Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a CCR upon receipt of a request from an interested party which 
shows changed circumstances sufficient to warrant a review of the 
order. On November 7, 2011, New Zhongya filed a request for an 
antidumping duty CCR in which it claimed that Guangdong Zhongya 
Aluminum Company Limited is the successor-in-interest to New Zhongya. 
With its request, the company submitted certain information related to 
its claim and stated that this name change has not affected the 
company's management, sales operations, supplier relationships or 
customer base in any meaningful way. In accordance with section 751(b) 
of the Act and 19 CFR 351.216, the Department has determined that there 
is a sufficient basis to initiate an antidumping duty CCR to determine 
whether Guangdong Zhongya Aluminum Company Limited is the successor-in-
interest to New Zhongya.\1\
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    \1\ On November 7, 2011, New Zhongya also requested a CCR in the 
complementary countervailing duty order on aluminum extrusions from 
the PRC, which the Department rejected due to insufficient 
information for initiation. See Letter from Kristen Johnson, Acting 
Program Manager, Office 3, to New Zhongya, dated December 12, 2011.
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    In making a successor-in-interest determination in antidumping duty 
proceedings, the Department typically examines several factors 
including, but not limited to: (1) Management; (2) production 
facilities; (3) supplier relationships, and (4) customer base. See, 
e.g., Brass Sheet and Strip From Canada: Final Results of Antidumping 
Duty Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and 
Certain Cut-To-Length Carbon Steel Plate from Romania: Initiation and 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review, 70 FR 22847 (May 3, 2005) (Plate from Romania), 
unchanged in the Notice of Final Results of Antidumping Duty Changed 
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate From 
Romania, 70 FR 35624 (June 21, 2005). While no single factor or 
combination of factors will necessarily be dispositive, the Department 
generally will consider the new company to be the successor to the 
predecessor company if the resulting operations are essentially the 
same as those of the predecessor company. See, e.g., Industrial 
Phosphoric Acid from Israel: Final Results of Antidumping Duty Changed 
Circumstances Review, 59 FR 6944, 6945 (February 14, 1994), and Plate 
from Romania, 70 FR at 22847. Thus, if the record evidence demonstrates 
that, with respect to the production and sale of the subject 
merchandise, the new company operates as the same business entity as 
the predecessor company, the Department may assign the new company the 
cash deposit rate of its predecessor. See, e.g., Final Results of 
Antidumping Duty Changed Circumstances Review: Fresh and Chilled 
Atlantic Salmon from Norway, 75 FR 32370, 32371 (June 8, 2010), and 
accompanying Issues and Decision Memorandum at Comment 1.
    During the course of this CCR, cash deposit requirements for 
subject merchandise exports will continue to be the rate established in 
the antidumping duty investigation. The cash deposit rates will be 
altered, if warranted, pursuant only to the final results of the 
review.
    The Department will issue questionnaires requesting additional 
information concerning the antidumping duty review and will publish in 
the Federal Register a notice of the preliminary results of the CCR, in 
accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR 
351.221(c)(3)(i). The antidumping duty notice will set forth the 
factual and legal conclusions upon which our preliminary results are 
based and a description of any action proposed. Pursuant to 19 CFR 
351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results of the review. In accordance with 19 
CFR 351.216(e), the Department will issue the final results of its 
antidumping duty CCR not later than 270 days after the date on which 
the review is initiated.
    This notice of initiation is in accordance with section 751(b)(1) 
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).

     Dated: December 19, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-33184 Filed 12-23-11; 8:45 am]
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