[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 634-636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31277]


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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: Final 
Results of Changed Circumstances Reviews; Partial Revocation of 
Antidumping and Countervailing Duty Orders

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

DATES: Effective Date: November 12, 2010, for the antidumping duty 
order; September 7, 2010, for the countervailing duty order.

SUMMARY: On November 7, 2013, the Department of Commerce (the 
Department) published the notice of preliminary results of changed 
circumstances reviews and intent 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 invited interested parties to comment on the 
Preliminary Results and received no comments other than support for 
partial revocation of the orders. Therefore, the final results do not 
differ from the preliminary results of reviews and we are revoking the 
orders with respect to certain rectangular wire. The partial 
revocations are effective November 12, 2010 (for AD) and September 7, 
2010 (for CVD).
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    \1\ See 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, 78 FR 
66895 (November 7, 2013) (Preliminary Results).

FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III, 
Antidumping and Countervailing Duty Operations, 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.\2\ 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.
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    \2\ 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 August 20, 2013, we published a notice of initiation of these 
changed circumstances reviews.\3\ 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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    \3\ 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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    On November 7, 2013, we published the notice of preliminary results 
of changed circumstances reviews, and intent to revoke the Orders in 
part.\4\ We received no comments or briefs in opposition from 
interested parties.\5\
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    \4\ See Preliminary Results.
    \5\ On November 21, 2013, 3M submitted comments in which it 
stated that it supports the Department's partial revocation of the 
Orders.
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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 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.

[[Page 635]]

    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.
    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.
    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, 
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

[[Page 636]]

purposes, the written description of the scope of these Orders is 
dispositive.

Final Results of Changed Circumstance Reviews and Revocation, In Part, 
of the Orders

    Based on the Department's analysis in the Preliminary Results 
(which we incorporate herein by reference) and in light of the fact 
that no interested parties submitted any comments on the Department's 
Preliminary Results other than to express support for the partial 
revocation, the Department hereby determines to revoke, in part, the 
Orders with respect to the certain rectangular wire that is the subject 
of 3M's request, pursuant to sections 751(d)(1) and 782(h)(2) of the 
Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.222(g).\6\ 
In addition, the Department has modified the scope of the AD and CVD 
orders, as reflected above, consistent with these final results.
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    \6\ See Preliminary Results, 78 FR at 66897.
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    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 terminate suspension of liquidation of all 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) and 
liquidate such entries without regard to ADs and CVDs. Furthermore, the 
Department will instruct CBP to refund estimated ADs and CVDs collected 
on such entries, pursuant to 19 CFR 351.222(g)(4).
    This notice is published in accordance with section 751(b)(1) of 
the Act and 19 CFR 351.221 and 19 CFR 351.222.

    Dated: December 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2013-31277 Filed 1-3-14; 8:45 am]
BILLING CODE 3510-DS-P