[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52265-52268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24407]


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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 Antidumping Duty Administrative Review; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on aluminum 
extrusions from the People's Republic of China (PRC). The period of 
review (POR) is May 1, 2015, through April 30, 2016. These final 
results cover 10 companies and the PRC-wide entity for which an 
administrative review was initiated.

DATES: Applicable: November 13, 2017.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2657 or (202) 482-6312, 
respectively.

[[Page 52266]]


SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this review on July 7, 2016.\1\ On June 6, 
2017, the Department published the Preliminary Results of this 
administrative review.\2\ At that time, we invited interested parties 
to comment on the Preliminary Results. On July 6, 2017, we received a 
case brief from the Aluminum Extrusions Fair Trade Committee (the 
petitioner).\3\ No other parties submitted case or rebuttal briefs. 
These final results cover 10 companies and the PRC-wide entity for 
which an administrative review was initiated and not rescinded.\4\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation 
Notice).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review in Part; 2015-2016, 82 FR 26055 (June 6, 2017) 
(Preliminary Results), and accompanying preliminary decision 
memorandum (Preliminary Decision Memorandum).
    \3\ See Petitioner Letter re: Aluminum Extrusions from the 
People's Republic of China: Case Brief, dated July 6, 2017.
    \4\ This administrative review initially covered 191 companies 
and the PRC-wide entity. See Initiation Notice, 81 FR at 44262. 
However, the Department rescinded this review with respect to 181 
companies for which all administrative review requests were timely 
withdrawn. See Preliminary Results, 82 FR at 26056.
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Scope of the Order

    The merchandise covered by the Order \5\ 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).\6\
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    \5\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
    \6\ For a complete description of the scope of the Order, see 
Memorandum, ``Issues and Decisions Memorandum for the Final Results 
of the Antidumping Duty Administrative Review: Aluminum Extrusions 
from the People's Republic of China; 2015-2016,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 
8481.90.9085, 9031.90.9195, 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 the case briefs filed by parties in this 
review are addressed in the Issues and Decision Memorandum, which is 
incorporated herein by reference. A list of the issues which any party 
raised, and to which we respond in the Issues and Decision Memorandum, 
follows in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and is available 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 version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    For the purposes of these final results, the Department made no 
changes to the Preliminary Results.

PRC-Wide Entity

    For the purposes of the final results of this administrative 
review, the Department finds that the following entities are part of 
the PRC-wide entity because they failed to submit both a Q&V response 
and information to establish eligibility for a separate rate: (1) Kam 
Kiu; (2) Atlas Integrated Manufacturing Ltd.; (3) Classic & 
Contemporary Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., 
Ltd.; (5) Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City 
Kam Kiu Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium 
Industry Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) 
Suzhou New Hongji Precision Part Co.
    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\7\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically

[[Page 52267]]

requests, or the Department self-initiates, a review of the entity. The 
petitioner \8\ requested a review of the PRC-wide entity in the instant 
review; therefore, the PRC-wide entity is currently under review and 
the rate for the PRC-wide entity is subject to change.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \8\ The petitioner is the Aluminum Extrusions Fair Trade 
Committee.
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Adjustments for Countervailable Subsidies

    Because no mandatory respondent established eligibility for an 
adjustment under section 777A(f) of the Act for countervailable 
domestic subsidies, the Department, for these final results, did not 
make an adjustment pursuant to section 777A(f) of the Act for 
countervailable domestic subsidies for the separate-rate recipients.\9\
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    \9\ See Preliminary Decision Memorandum, at 17-18.
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    Pursuant to section 772(c)(1)(C) of the Act, we made an adjustment 
for countervailable export subsidies for tenKsolar. We calculated this 
adjustment as the simple average of the countervailable export 
subsidies determined for the mandatory respondents in the 2014 (i.e., 
most recently completed) CVD administrative review \10\ and deducted 
this amount from the weighted-average dumping margin assigned to 
tenKsolar.\11\ The adjusted rate for tenKsolar is 85.96 percent.
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    \10\ Aluminum Extrusions from the People's Republic of China: 
Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2014, 81 FR 92778 (December 20, 2016).
    \11\ See Preliminary Decision Memorandum, at 12 and 17-18.
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    Pursuant to section 772(c)(1)(C) of the Act, we also made an 
adjustment for countervailable export subsidies for the PRC-wide 
entity. We adjusted the PRC-wide entity cash deposit rate by the lowest 
countervailable export subsidy determined for the mandatory respondents 
in the 2014 (i.e., most recently completed) CVD administrative 
review.\12\
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    \12\ Id., at 17-18.
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Final Results of Review

    The Department determines that the following weighted-average 
dumping margins exist for the 2015-2016 POR:

------------------------------------------------------------------------
                                                        Margin adjusted
                                     Weighted-average   for liquidation
             Exporter                 dumping margin    and cash deposit
                                        (percent)           purposes
                                                           (percent)
------------------------------------------------------------------------
tenKsolar (Shanghai) Co., Ltd.....              86.01              85.96
PRC-wide Entity...................              86.01              85.96
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    Additionally, as explained above, the Department determines that 
the following companies are part of the PRC-wide entity: (1) Kam Kiu; 
(2) Atlas Integrated Manufacturing Ltd.; (3) Classic & Contemporary 
Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., Ltd.; (5) 
Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City Kam Kiu 
Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium Industry 
Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) Suzhou New 
Hongji Precision Part Co.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of review in the Federal Register. Consistent with 
the Department's assessment practice in NME cases, if the Department 
determines that an exporter under review had no shipments of subject 
merchandise, any suspended entries that entered under the exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\13\ For the companies eligible for a separate rate, the 
Department will instruct CBP to assess antidumping duties on the 
company's entries of subject merchandise at the rates listed above in 
the section ``Final Results of Review.''
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the companies 
eligible for a separate rate, the cash deposit rate will that listed 
above in the section ``Final Results of Review;'' (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most-recently completed segment of this proceeding in 
which the exporter was reviewed; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be that established for the PRC-wide 
entity, which is 85.96 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter with the subject merchandise. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in the 
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties occurred and the subsequent assessment of 
doubled antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

[[Page 52268]]

with 19 CFR 351.305(a)(3), which continues to govern business 
proprietary information in this segment of the proceeding. Timely 
written notification of the return or 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: November 3, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment: The Margin Assigned to the PRC-Wide Entity
5. Recommendation

[FR Doc. 2017-24407 Filed 11-9-17; 8:45 am]
BILLING CODE 3510-DS-P