[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51858-51861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18656]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-968]


Aluminum Extrusions from the People's Republic of China: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order

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

SUMMARY: The Department of Commerce (the Department) finds that 
revocation of the countervailing duty (CVD) order on aluminum 
extrusions from the People's Republic of China (PRC) would likely lead 
to the continuation or recurrence of a countervailable subsidy at the 
levels indicated in the Final Results of Review section of this notice.

DATES: Effective August 5, 2016.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Office VI, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1121.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2016, the Department initiated the first sunset review 
of the Order \1\ on aluminum extrusions from the PRC, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The 
Aluminum Extrusions Fair Trade Committee and its constituent producers 
of aluminum extrusions (Petitioners) filed a timely notice of intent to 
participate on April 18, 2016, in accordance with 19 CFR 
351.218(d)(1).\3\ Petitioners claimed interested party status under 
section 771(9)(E) (covering trade and business associations) and 
individually under section 771(9)(C) (covering manufacturers, 
producers, and wholesalers) of the Act, respectively.
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (the Order).
    \2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 18829 
(April 1, 2016).
    \3\ See Letter from Petitioner to the Department, ``Aluminum 
Extrusions from the People's Republic of China: Notice of Intent to 
Participate in Review,'' dated April 18, 2016.
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    The Department received an adequate substantive response from 
Petitioners within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i).\4\ The

[[Page 51859]]

Department did not receive a substantive response from the Government 
of the PRC or any respondent interested party to the proceeding. 
Because the Department received no response from any respondent 
interested party, the Department conducted an expedited review of the 
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(l)(ii)(B)(2) and (C)(2).
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    \4\ See Letter to the Department, ``Aluminum Extrusions from the 
People's Republic of China: AEFTC's Substantive Response to the 
Department's Notice of Initiation of its Five-Year (``Sunset'') 
Review,'' dated May 2, 2016.
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Scope of the Order

    The merchandise covered by the order{s{time}  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 brightdip 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 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.

[[Page 51860]]

    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (HTSUS): 8424.90.9080, 9405.99.4020, 9031.90.90.95, 
7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 
7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 
7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 
8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 
7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 
7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 
8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 
8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 
8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 
8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 
8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 
8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 
8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 
8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 
8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 
8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 
8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 
8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 
9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 
9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 
9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 
9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 
9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 
9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 
9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 
9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 
9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 
9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 
9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 
9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.
    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 HTSUS chapters. In addition, fin evaporator coils may be 
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. 
While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum, which is dated concurrently with and adopted by 
this notice.\5\ The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy and the net countervailable subsidy likely to 
prevail if the Order were revoked. Parties can find a complete 
discussion of all issues raised in this expedited sunset review and the 
corresponding recommendations in this public memorandum, which is on 
file electronically via the Enforcement and Compliance Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov and 
to all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Issues and Decision Memorandum can be accessed directly on the Internet 
at http://enforcement.trade.gov/frn/index.html. The signed Issues and 
Decision Memorandum and the electronic versions of the Issues and 
Decision Memorandum are identical in content.
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    \5\ See Memorandum from Brian Davis, Program Manager, Office VI, 
to Gary Taverman, Associate Deputy Assistant Secretary for 
Enforcement and Compliance regarding: ``Issues and Decision 
Memorandum for the Final Results of the Expedited Sunset Review of 
the Countervailing Duty Order on Aluminum Extrusions from the 
People's Republic of China,'' dated concurrently with and adopted by 
this Notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the Order on aluminum extrusions from the PRC would 
be likely to lead to continuation or recurrence of a net 
countervailable subsidy at the rates listed below: \6\
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    \6\ Id.
    \7\ Kong Ah Kong Ah International Company Limited was included 
among the cross-owned companies comprising the Gyang Ya Group in the 
Final Determination. However, other members of the Gyang Ya Group 
were subsequently reviewed as mandatory respondents as cross-owned 
affiliates in the Third (2013) Review, while Kong Ah International 
Company Limited was not. Therefore, the rates for the additional 
programs found to be countervailable for the individually-examined 
Guang Ya Group Companies in the Third (2013) Review are not the 
rates for Kong Ah International Company Limited. Rather, for 
additional programs found to be countervailable in the Third (2013) 
Review, we have used the average of the rates of the companies 
individually examined.

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/producers/exporters               subsidy rate
                                                            (percent)
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Dragonluxe Limited.....................................           374.15
Foshan Guangcheng Aluminum Co., Ltd., Guang Ya Aluminum            12.05
 Industries Co. Ltd., Guang Ya Aluminum Industries Hong
 Kong, and Yongji Guanghai Aluminum Industry Co., Ltd..
Kong Ah International Company Limited..................        \7\ 25.83
Karlton Aluminum Company Ltd., Zhaoqing New Zhongya                20.78
 Aluminum Co., Ltd., Zhongya Shaped Aluminum HK Holding
 Ltd...................................................
Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning             374.15
 Zhongwang Group.......................................
Miland Luck Limited....................................           374.15
All-Others.............................................            23.26
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[[Page 51861]]

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act.

    Dated: August 1, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2016-18656 Filed 8-4-16; 8:45 am]
 BILLING CODE 3510-DS-P