[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Notices]
[Pages 51143-51145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20329]



[[Page 51143]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: 
Initiation of Changed Circumstances Reviews and Consideration of 
Revocation of the Antidumping and Countervailing Duty Orders in Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request by 3M Company (3M), a U.S. importer 
of certain rectangular wire, the Department of Commerce (the 
Department) is initiating changed circumstances reviews of the 
antidumping duty (AD) and countervailing (CVD) duty orders on aluminum 
extrusions from the People's Republic of China. Interested parties are 
invited to comment on this notice of initiation.

DATES: Effective Date: August 20, 2013.

FOR FURTHER INFORMATION CONTACT: James Terpstra, 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) 482-3965.

Background

    On May 26, 2011, the Department published in the Federal Register 
the AD and CVD orders on aluminum extrusions from the PRC.\1\
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum 
Extrusions From the People's Republic of China: Countervailing Duty 
Order, 76 FR 30653 (May 26, 2011) (together, the Orders).
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    On June 20, 2013, the Department received a request on behalf of 3M 
for changed circumstances reviews to revoke, in part, the Orders with 
respect to certain rectangular wire imported by 3M. In its request, 3M 
attached a letter submitted on behalf of the Aluminum Extrusion Fair 
Trade Committee (AEFTC), the petitioners in the less-than-fair-value 
and CVD investigations, and the Aluminum Extrusion Council (AEC), in 
which representatives of the AEFTC and AEC stated that they do not 
oppose the partial revocation of the Orders with respect to the 
specific product identified in 3M's changed circumstances review 
requests. Further, 3M requested that the Department expedite the review 
by combining the notice of initiation of the changed circumstances 
reviews and the preliminary results of the reviews pursuant to 19 CFR 
351.221(c)(3)(ii). On July 2, 2013, 3M filed a letter containing a 
clarification from the AEFTC and AEC in which they stated that they do 
not oppose revocation of the Orders with regard to certain rectangular 
wire, regardless of whether 3M or another party is the importer. We did 
not receive comments from any other party.

Scope of the Orders

    The merchandise covered by these Orders 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

[[Page 51144]]

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 these Orders 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 (HTSUS): 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 
HTSUS chapters. In addition, fin evaporator coils may be classifiable 
under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
    Additional subject products may be classifiable under the following 
HTS categories: 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 
7615.19.90, 7616.99.10, 7616.99.50, 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, 8302.50.0000, 8302.60.9000, 8306.30.0000, 8419.90.1000, 
8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 
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, 
9403.90.8030, 9403.90.8041, 9403.90.8051, 9403.90.8061, 9506.11.4080, 
9506.51.4000, 9506.51.6000, 9506.59.4040, 9506.70.2090, 9506.91.0010, 
9506.91.0020, 9506.91.0030, 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, and 9507.90.6000.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of these Orders is 
dispositive.

Initiation of Changed Circumstances Reviews and Consideration of 
Revocation of the Orders in Part

    Pursuant to section 751(b) of the Tariff Act of 1930, as amended 
(the Act), the Department will conduct a changed circumstances review 
upon receipt of a request from an interested party which shows changed 
circumstances sufficient to warrant a review of an order.\2\ Section 
782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the 
Department may revoke an order (in whole or in part) if it determines 
that producers accounting for substantially all of the production of 
the domestic like product have expressed a lack of interest in the 
order, in whole or in part. In addition, in the event the Department 
determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) 
permits the Department to combine the notices of initiation and 
preliminary results.
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    \2\ See also 19 CFR 351.216.
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    In its administrative practice, the Department has interpreted 
``substantially all'' to represent producers accounting for at least 85 
percent of the total U.S. production of the domestic like product 
covered by the order.\3\
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    \3\ See, e.g., Certain Cased Pencils From the Peoples' Republic 
of China: Initiation and Preliminary Results of Antidumping duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012) (Pencils), unchanged in Certain Cased 
Pencils From the People's Republic of China: Final Results of 
Antidumping Duty Changed Circumstances Review, and Determination To 
Revoke Order, in Part, 77 FR 53176 (August 31, 2012).
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    In the letter attached to 3M's June 20, 2013, submission, the AEC 
states that it represents the ``vast majority of U.S. domestic aluminum 
extrusions producers.'' Based on the information provided by AEC in 
3M's submissions, the Department has determined that there exist 
changed circumstances sufficient to warrant review of the Orders.\4\ 
However, because the statement provided by AEC in 3M's submission does 
not indicate whether AEC accounts for substantially all of domestic 
aluminum extrusion production, we are not combining this notice of 
initiation with a preliminary determination pursuant to 19 CFR 
351.221(c)(3)(ii). Interested parties are, therefore, requested to 
address the issue of domestic industry support of this partial 
revocation of the Orders in their comments. This notice of initiation 
will accord all interested parties an opportunity to address these 
proposed partial revocations.
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    \4\ See section 751(b) of the Act and 19 CFR 351.216(d).
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    Accordingly, we are notifying the public that we are considering a 
request to revoke the Orders, in part, with respect to certain 
rectangular wire.

Public Comment

    Interested parties are invited to provide comment or additional 
factual information regarding these changed circumstance reviews, 
including comments concerning industry support. Submissions may be 
submitted no later than 14 days after the date of publication of this 
notice. Responses to

[[Page 51145]]

those submissions may be filed no later than 10 days thereafter in 
accordance with 19 CFR 351.301(c)(1). All submissions must be filed 
electronically using Import Administration's AD and CVD Centralized 
Electronic Service System (IA ACCESS).\5\ An electronically filed 
document must be received successfully in its entirety by the 
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern 
Time of the deadlines set forth in this notice.
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    \5\ See, generally, 19 CFR 351.303.
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    The Department will issue the preliminary results of these changed 
circumstances reviews, in accordance with 19 CFR 351.221(c)(3), which 
will set forth the factual and legal conclusions upon which are 
preliminary results are based, and a description of any action proposed 
based on those results. 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 AD 
changed circumstance review within 270 days after the date on which the 
review is initiated.
    This initiation is published in accordance with sections 751(b)(1) 
of the Act and 19 CFR 351.216(b) and 351.221(b)(1).

    Dated: August 14, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-20329 Filed 8-19-13; 8:45 am]
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