[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66895-66898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26744]


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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: 
Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke Antidumping and Countervailing Duty Orders in Part

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.

DATES: Effective: November 7, 2013.
SUMMARY: On June 20, 2013, the Department of Commerce (Department) 
received a request for changed circumstances reviews and a request to 
revoke, in part, the antidumping (AD) and countervailing duty (CVD) 
orders on aluminum extrusions from the People's Republic of China 
(PRC),\1\ with respect to certain rectangular wire. We published the 
notice of initiation of changed circumstances reviews on August 20, 
2013 and invited comments from interested parties. We received no 
comments. We preliminarily conclude that changed circumstances warrant 
the revocation of the Orders, in part. Specifically, we preliminarily 
determine that producers accounting for substantially all of the 
production of the domestic like product to which these Orders pertain 
lack interest in the relief provided by the AD and CVD Orders based on 
a statement of no interest in the continuation of the Orders with 
respect to certain rectangular wire described below. Accordingly, we 
are notifying the public of our intent to revoke, in part, these Orders 
as to imports of certain rectangular wire described below. The 
Department invites interested parties to comment on these preliminary 
results.
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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).

FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III, 
Enforcement and Compliance, 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 the AD and CVD Orders in 
the Federal Register. On June 20, 2013, the Department received a 
request on behalf of 3M Company (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 no longer have interest in maintaining the 
Orders with respect to certain rectangular wire-identified in 3M's 
request for the changed circumstances reviews.
    On July 2, 2013, 3M filed a letter containing a clarification from 
the AEFTC and AEC in which they stated that they no longer have 
interest in maintaining the Orders with respect to certain rectangular 
wire, regardless of whether 3M or another party imports it. On August 
20, 2013, we published a notice of initiation of these changed 
circumstances reviews.\2\ Because the statement provided by the AEC and 
offered in support of 3M's request for changed circumstances reviews 
did not indicate whether the AEC accounts for substantially all of 
domestic aluminum extrusion production, in the Initiation Notice, we 
invited interested parties to comment on the Department's initiation. 
We received no comments from interested parties.
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    \2\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Changed Circumstance Reviews and Consideration of 
Revocation of the Antidumping and Countervailing Duty Orders in 
Part, 78 FR 51143 (August 20, 2013) (Initiation Notice).
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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

[[Page 66896]]

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 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 
HTSUS 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,

[[Page 66897]]

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.

Scope of Changed Circumstance Reviews

    The merchandise covered by these changed circumstances reviews is:

    {C{time} ertain rectangular wire produced from continuously cast 
rolled aluminum wire rod, which is subsequently extruded to 
dimension to form rectangular wire. The product is made from 
aluminum alloy grade 1070 or 1370, with no recycled metal content 
allowed. The dimensions of the wire are 5 mm (+/- 0.05 mm) in width 
and 1.0 mm (+/- 0.02 mm) in thickness. Imports of rectangular wire 
are provided for under HTSUS category 7605.19.000.

Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Orders in Part

    Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.222(g), the Department may revoke an AD or 
CVD order, in whole or in part, based on a review under section 751(b) 
of the Act (i.e., a changed circumstances review). Section 751(b)(1) of 
the Act requires a changed circumstances review to be conducted upon 
receipt of a request which shows changed circumstances sufficient to 
warrant a review. Section 782(h)(2) of the Act gives the Department the 
authority to revoke an order if producers accounting for substantially 
all of the production of the domestic like product have expressed a 
lack of interest in the order. 19 CFR 351.222(g) provides that the 
Department will conduct a changed circumstances review under 19 CFR 
351.216, and may revoke an order (in whole or in part), if it concludes 
that (i) producers accounting for substantially all of the production 
of the domestic like product to which the order pertains have expressed 
a lack of interest in the relief provided by the order, in whole or in 
part, or (ii) if other changed circumstances sufficient to warrant 
revocation exist. Both the Act and the Department's regulations require 
that ``substantially all'' domestic producers express a lack of 
interest in the order for the Department to revoke the orders, in whole 
or in part.\3\ The Department has interpreted ``substantially all'' to 
represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\4\
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    \3\ See section 782(h) of the Act and 19 CFR 351.222(g).
    \4\ See Honey from Argentina; Antidumping and Countervailing 
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke 
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791 
(November 14, 2012) (Honey CCR), unchanged in Honey from Argentina; 
Final Results of Antidumping and Countervailing Duty Changed 
Circumstances Reviews; Revocation of Antidumping and Countervailing 
Duty Orders, 77 FR 77029 (December 31, 2012).
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    As noted in the Initiation Notice, 3M requested the revocation of 
the Orders, in part, and supported its request. In light of 3M's 
submission and because the Department received no comments during the 
comment period, we preliminarily conclude that changed circumstances 
warrant revocation of the Orders, in part, because producers accounting 
for substantially all of the production of the domestic like product, 
to which these Orders pertain, lack interest in the relief provided by 
the Orders with respect to the certain rectangular wire that is the 
subject of 3M's request.
    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part, with respect to certain rectangular wire. We 
intend to revoke the Orders as to certain rectangular wire by including 
the following language in the scope of each order:

    Also excluded from the scope of the order is certain rectangular 
wire produced from continuously cast rolled aluminum wire rod, which 
is subsequently extruded to dimension to form rectangular wire. The 
product is made from aluminum alloy grade 1070 or 1370, with no 
recycled metal content allowed. The dimensions of the wire are 5 mm 
(+/- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in thickness. 
Imports of rectangular wire are provided for under HTSUS category 
7605.19.000.

Request to Expedite Final Results

    On September 5, 2013, 3M requested that the Department expedite the 
changed circumstances reviews and issue final results no later than 
October 4, 2013.\5\ 3M argued that the Department's regulations do not 
specify a deadline for the issuance of preliminary results of a changed 
circumstances review, but provide that the Department will issue the 
final results within 45 days if all parties to the proceeding agree to 
the outcome of the review.\6\ 3M argued that, because no party 
submitted comments in opposition to their request, the Department 
should conclude that all parties agree with their request and issue the 
final results no later than 45 days after the Initiation Notice, or 
October 4, 2013.\7\
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    \5\ See ``Aluminum Extrusions from the People's Republic of 
China: Request to Expedite Changed Circumstance Review'' (September 
5, 2013) (3M's Request).
    \6\ Id., at 2, quoting 19 CFR 351.216(e).
    \7\ Id., at 2-3.
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    The Department did not issue a combined notice of initiation and 
preliminary results because, as discussed above, the statement provided 
by the AEC and offered in support of 3M's request for changed 
circumstances reviews does not indicate whether the AEC accounts for 
substantially all of domestic aluminum extrusion production.\8\ Thus, 
the Department did not determine, at the time the Initiation Notice was 
published, that producers accounting for substantially all of the 
production of the domestic like product lacked interest in the 
continued application of the Orders as to certain rectangular wire. 
Further, the Department requested interested party comments on the 
issue of domestic industry support of partial revocations.\9\ As noted 
above, because the Department received no comments during the comment 
period, including comments concerning industry support or opposing 
initiation of the changed circumstances reviews of the Orders, the 
Department now preliminary finds that producers accounting for 
substantially all of the production of the domestic like product lack 
interest in the relief afforded by the Orders with respect to the 
certain rectangular wire, and requests comment on that preliminary 
finding, before issuing the final results.\10\
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    \8\ See Initiation Notice, 78 FR at 51144.
    \9\ Id.
    \10\ See, e.g., Honey CCR; see also 19 CFR 351.222(g)(1)(v) 
(providing that, if the Department's preliminary decision is that 
changed circumstances warrant revocation, the Department will 
publish the notice of preliminary results, pursuant to 19 CFR 
351.221(b)(4), and notice of intent to revoke order in part).

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[[Page 66898]]

Public Comment

    Interested parties are invited to comment on these preliminary 
results in accordance with 19 CFR 351.309(c)(1)(ii). If an interested 
party is of the view that certain arguments continue to be relevant to 
the Department's final results of this review, that interested party is 
required to file a case brief containing all such arguments, including 
any such arguments presented to the Department before the date of 
publication of the preliminary results, pursuant to 19 CFR 
351.309(c)(2). Written comments may be submitted no later than 14 days 
after the date of publication of these preliminary results. Rebuttals 
to written comments, limited to issues raised in such comments, may be 
filed no later than 21 days after the date of publication of these 
preliminary results. All comments are to be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS) available to 
registered users at http://iaaccess.trade.gov and in the Central 
Records Unit, Room 7046 of the main Department of Commerce building, 
and must also be served on interested parties.\11\ An electronically 
filed document must be received successfully in its entirety by IA 
ACCESS by 5:00 p.m. Eastern Standard Time on the day it is due.\12\
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    \11\ See 19 CFR 351.303(f).
    \12\ See 19 CFR 351.310(c).
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    The Department will issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments, no later than 270 days after the date on which these reviews 
were initiated.
    If, in the final results, the Department continues to determine 
that changed circumstances warrant the revocation of the Orders, in 
part, we will instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to ADs and CVDs, and to refund any estimated 
ADs and CVDs collected, on all unliquidated entries of the product in 
question that are not covered by the final results of an administrative 
review or automatic liquidation. Specifically, because there has been 
no completed administrative review of the Orders, we will instruct CBP 
to liquidate, without regard to ADs and CVDs, and refund estimated ADs 
and CVDs collected, on unliquidated entries of aluminum extrusions 
meeting the specifications of the product in question, entered or 
withdrawn from warehouse, for consumption, on or after November 12, 
2010 (for ADs) and September 7, 2010 (for CVDs).
    The current requirement for cash deposits of estimated ADs and CVDs 
on all entries of subject merchandise will continue unless and until 
they are modified pursuant to the final results of these changed 
circumstances reviews.
    These preliminary results of review and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 
CFR 351.222.

    Dated: October 31, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26744 Filed 11-6-13; 8:45 am]
BILLING CODE 3510-DS-P