[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Notices]
[Pages 54900-54902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22001]



[[Page 54900]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions From the People's Republic of China: Final 
Results of Changed Circumstances Review

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

SUMMARY: On July 5, 2012, the Department of Commerce (``the 
Department'') published its preliminary results of a changed 
circumstances review (``CCR'') of the antidumping duty order on 
aluminum extrusions from the People's Republic of China (``PRC''). The 
Department preliminarily determined that Guangdong Zhongya Aluminum 
Company Limited (``Guangdong Zhongya'') is the successor-in-interest to 
Zhaoqing New Zhongya Aluminum Co., Ltd. (``New Zhongya'').\1\ We 
invited parties to comment. Since no parties submitted comments, the 
Department is making no changes to the Preliminary Results.
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of Changed Circumstances Review, 77 FR 39683 
(July 5, 2012) (``Preliminary Results'').

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DATES: Effective Date: September 6, 2012.

FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: 202-482-6231.

SUPPLEMENTARY INFORMATION:

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.\2\ As a result of that final determination, New 
Zhongya's weighted-average dumping margin is 33.28 percent.\3\ The 
antidumping duty order was issued on May 26, 2011.\4\
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    \2\ 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, 2011).
    \3\ Id.
    \4\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011).
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    On November 7, 2011, New Zhongya requested a changed circumstances 
review claiming that it had undergone a name change to Guangdong 
Zhongya Aluminum Company Limited.\5\ New Zhongya requested that the 
antidumping duty rate, which was assigned to New Zhongya and was in 
effect before the date of the name change (i.e., August 16, 2011), 
continue under the new name. New Zhongya's request, stating that it 
underwent no changes other than the change in the name, was accompanied 
by supporting documents from Chinese government authorities,\6\ 
recognizing and approving the name change. Specifically, New Zhongya 
stated that no changes were made in personnel, management, ownership, 
facilities, customers, suppliers, etc.
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    \5\ See Letter from New Zhongya to the Department, ``Extruded 
Aluminum from China'' (request for Changed Circumstances Review), 
dated November 7, 2011.
    \6\ These Chinese government authorities include the Bureau of 
Foreign Trade & Economic Cooperation of High and New Technology 
Industrial Development Zone of Zhaoqing and the Administration 
Bureau for Industry and Commerce of Zhaoqing City.
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    In response to this request, on December 27, 2011, the Department 
initiated a CCR, and on January 27, 2012, the Department issued a 
questionnaire to New Zhongya. New Zhongya filed its questionnaire 
response on February 24, 2012. Its submission included organizational 
charts, employment contracts, board meeting minutes, monthly income 
statements and balance sheets, a product list, full lists of suppliers 
and home- and U.S.- market customers, and sample supplier and customer 
invoices, as well as narrative responses confirming a name change from 
New Zhongya to Guangdong Zhongya.
    The petitioner in this proceeding, Aluminum Extrusions Fair Trade 
Committee, did not comment on New Zhongya's request or the Preliminary 
Results issued by the Department.

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.

[[Page 54901]]

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 millimeters (``mm'') or 62 mm, (2) outer diameter of 11.0 
mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.
    Also excluded from the scope of this 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, 7608.20.0090, 
9506.11.4080, 9506.51.4000, 9506.51.6000, 9506.59.4040, 9506.70.2090, 
9506.99.0510, 9506.99.0520, 9506.99.0530, 9506.99.1500, 9506.99.2000, 
9506.99.2580, 9506.99.2800, 9506.99.6080, 9507.30.2000, 9507.30.4000, 
9507.30.6000, 9507.90.6000, 8419.90.1000, 8302.10.3000, 8302.10.6030, 
8302.10.6060, 8302.10.6090, 8302.30.3010, 8302.30.3060, 8302.41.3000, 
8302.41.6015, 8302.41.6045, 8302.41.6050, 8302.41.6080, 8302.42.3010, 
8302.42.3015, 8302.42.3065, 8302.49.6035, 8302.49.6045, 8302.49.6055, 
8302.49.6085, 8302.60.9000, 8306.30.0000, 9403.90.8061, 9403.90.1040, 
9403.90.1050, 9403.90.1085, 9403.90.2540, 9403.90.2580, 9403.90.4005, 
9403.90.4010, 9403.90.4060, 9403.90.5005, 9403.90.5010, 9403.90.5080, 
9403.90.6005, 9403.90.6010, 9403.90.6080, 9403.90.7005, 9403.90.7010, 
9403.90.7080, 9403.90.8010, 9403.90.8015, 9403.90.8020, 9403.90.8041, 
9403.90.8051, 9403.10.00, 9403.20.00, 8479.89.98, 8479.90.94, 
8513.90.20, 8302.50.0000, 9506.91.0010, 9506.91.0020, 9506.91.0030, 
7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.19.10, 7615.20.00, 
7616.99.10 and 7616.99.50. 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 is 
dispositive.

Final Results of Changed Circumstances Review

    Because no parties have submitted comments opposing the 
Department's Preliminary Results, and because there is no other 
information or evidence on the record that calls into question the 
Preliminary Results, the Department determines that Guangdong Zhongya 
is the successor-in-interest to New Zhongya for the purpose of 
determining antidumping duty liability.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection to 
suspend liquidation and collect a cash deposit rate of 33.28 percent on 
all shipments of the subject merchandise exported by Guangdong Zhongya 
and entered, or withdrawn from warehouse, for consumption, on or after 
the publication date of these results of changed circumstances 
review.\7\
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    \7\ See Stainless Steel Plate in Coils From Belgium: Notice of 
Final Results of Antidumping Duty Changed Circumstances Review, 77 
FR 21963 (April 12, 2012), and accompanying Issues and Decision 
Memorandum; see also Notice of Final Results of Antidumping Duty 
Changed Circumstances Review: Certain Frozen Warmwater Shrimp From 
Thailand, 75 FR 74684 (December 1, 2010), and accompanying Issues 
and Decision Memorandum.
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Notification

    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations

[[Page 54902]]

and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and notice in 
accordance with sections 751(b) and 777(i) of the Tariff Act of 1930, 
as amended, and 19 CFR 351.216 and 351.221(c)(3).

    Dated: August 30, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-22001 Filed 9-5-12; 8:45 am]
BILLING CODE 3510-DS-P