[Federal Register Volume 83, Number 43 (Monday, March 5, 2018)]
[Notices]
[Pages 9267-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04390]


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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 Anti-Circumvention Inquiries

AGENCY: Enforcement & Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from the Aluminum Extrusions Fair 
Trade Committee (the petitioner), the Department of Commerce (Commerce) 
is initiating anti-circumvention inquiries to determine whether 
extruded aluminum products that are exported from the Socialist 
Republic of Vietnam (Vietnam) by China Zhongwang Holdings Ltd. and its 
affiliates (collectively, Zhongwang) are circumventing the antidumping 
duty (AD) and countervailing duty (CVD) orders on aluminum extrusions 
from the People's Republic of China (China).

DATES: Applicable March 5, 2018.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 9, 2018, pursuant to sections 781(b) and (c) and 19 CFR 
351.225(h) and (i) of the Tariff Act of 1930, as amended (the Act), the 
petitioner requested that Commerce initiate anti-circumvention 
inquiries on imports of certain aluminum extrusions from Vietnam by 
Zhongwang.\1\ In its request, the petitioner contends that Zhongwang's 
Vietnamese aluminum extrusions are circumventing the scope of the 
Orders,\2\ because the aluminum extrusions at issue are Chinese 
extrusions being completed in Vietnam and the processes involved (re-
melting and re-extruding) constitute a minor alteration. Therefore, the 
petitioner requests that Commerce address this alleged circumvention by 
initiating both a ``merchandise completed or assembled in other foreign 
countries'' anti-circumvention inquiry pursuant to section 781(b) of 
the Act, as well as a ``minor alterations'' anti-circumvention inquiry 
pursuant to section 781(c) of the Act.\3\
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    \1\ See Petitioner's Circumvention Request ``Aluminum Extrusions 
from the People's Republic of China: Request for Anti-Circumvention 
Inquiry,'' dated January 9, 2018 (Anti-Circumvention Request).
    \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) (collectively, the Orders).
    \3\ See Anti-Circumvention Request, at 23-50.
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Scope of the Orders

    The merchandise covered by the 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 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.

[[Page 9268]]

    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 Orders 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 the 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): 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 the Orders is 
dispositive.

Merchandise Subject to the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover extruded aluminum products 
that meet the description of the Orders exported from Vietnam by 
Zhongwang.\4\

[[Page 9269]]

Commerce intends to consider whether these inquiries should apply to 
all exports of extruded aluminum products from Vietnam that meet the 
description of the Orders.
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    \4\ The petitioner provided names of known, and potential, 
entities involved in Zhongwang's import and export of Vietnamese 
aluminum extrusions. The entities involved in the exportation 
Vietnamese aluminum extrusions are Chinese, Mexican, Singaporean, 
U.S., and Vietnamese affiliates of Zhongwang. Through the course of 
inquiry, we intend to examine in addition to Zhongwang the following 
affiliated companies: Aluminicaste Fundicion de Mexico 
(Aluminicaste); Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin 
Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc, 
Perfectus Aluminum Acquisitions LLC Pencheng Aluminum Enterprise 
Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum 
Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; 
Century American Aluminum Inc.; and American Apex Aluminum Inc.; 
Global Vietnam Aluminum Co., Ltd. (GVA); Global Tower Worldwide Ltd. 
We also intend to examine whether any Zhongwang's affiliates are the 
producers of the merchandise at issue.
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Allegations Supporting Initiation of Anti-Circumvention Proceeding: 
Merchandise Completed or Assembled in Other Foreign Countries

    Section 781(b)(1) of the Act provides that Commerce may find 
circumvention of an AD or CVD order when merchandise of the same class 
or kind subject to an order is completed or assembled in a foreign 
country other than the country to which the order applies. In 
conducting an anti-circumvention inquiry under section 781(b)(1) of the 
Act, Commerce will evaluate whether: (A) Merchandise imported into the 
United States is of the same class or kind as any merchandise produced 
in a foreign country that is the subject of an AD or CVD duty order or 
finding; (B) before importation into the United States, such imported 
merchandise is completed or assembled in another foreign country from 
merchandise which is subject to the order or merchandise which is 
produced in the foreign country that is subject to the order; (C) the 
process of assembly or completion in the foreign country is minor or 
insignificant; (D) the value of the merchandise produced in the foreign 
country to which the AD or CVD order applies is a significant portion 
of the total value of the merchandise exported to the United States; 
and (E) action is appropriate to prevent evasion of such order or 
finding.

A. Merchandise of the Same Class or Kind

    The petitioner claims that the aluminum extrusions exported to the 
United States from Vietnam are the same class or kind as that covered 
by the Orders.\5\ The petitioner provided evidence to show that the 
merchandise from Vietnam enters the United States under the same tariff 
classification as subject merchandise.\6\
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    \5\ See Anti-Circumvention Request, at 25; see also sections 
781(b)(1)(A)(i) and (iii) of the Act.
    \6\ See Anti-Circumvention Request, at 25 and Exhibits 20, and 
23.
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B. Completion of Merchandise in a Foreign Country

    The petitioner notes that section 781(b)(l)(B)(ii) of the Act 
requires that ``{Commerce{time}  must also assess whether, prior to 
importation into the United States, the merchandise in the third 
country is completed from merchandise produced in the country subject 
to the antidumping or countervailing duty order.'' \7\ In its request, 
the petitioner submitted evidence of Zhongwang's long history of using 
its extensive network of global affiliates to circumvent and evade the 
Orders. According to the petitioner, Zhongwang began shipping subject 
merchandise from its affiliates in the United States and China to 
Vietnam for reprocessing after Commerce made a scope ruling on 
Zhongwang's pallets.\8\ The petitioner also provided information which 
indicates that imports into Vietnam, and imports into the United 
States, of aluminum extrusions from Vietnam significantly increased 
after the imposition of the Orders.\9\
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    \7\ Id. at 25-26 and Exhibits 2, 6, 9, 10, 12 13, and 29.
    \8\ Id. at 26-27 and Exhibits 9, 13, 16, 30, 31, and 32.
    \9\ Id. at 28 and Exhibit 20.
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C. Minor or Insignificant Process

    The petitioner maintains that the process for completing Vietnamese 
aluminum extrusions from Zhongwang's Chinese aluminum extrusions is 
minor or insignificant.\10\ Under section 781(b)(2) of the Act, 
Commerce considers the five factors set out below to determine whether 
the process of assembly or completion is minor or insignificant. The 
petitioner argues that processing done in Vietnam is minor and must be 
viewed relative to: (1) The value of the aluminum extrusions produced 
in China, (2) the AD/CVD duties avoided, and (3) the export tax rebate 
received from exporting aluminum extrusions from China to Vietnam.\11\
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    \10\ Id. at 28.
    \11\ Id. 28-39
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(1) Level of Investment
    The petitioner contends that the level of investment by Zhongwang 
in Vietnam is insignificant when compared to the value of investment in 
China to produce the billets and extrusions in the first place.\12\ In 
support of its argument, the petitioner points to Zhongwang's 2016 
financial report which indicates that the level of investment by 
Zhongwang in China consists of 90 aluminum extrusion production lines 
and orders for an additional 99 extrusion presses.\13\ The petitioner 
also submitted evidence that Zhongwang built a ``world-leading'' 
aluminum tilt smelting and casting facility at its extrusion facility 
and possesses the largest customized aluminum extrusions product die 
design manufacturing center in Asia.\14\ According to the petitioner, 
the level of Zhongwang's investment in its Vietnamese affiliate GVA is 
minimal when compared to Zhongwang's total aluminum extrusions 
investments across its company and all of its affiliates.\15\ 
Additionally, the petitioner asserts that Zhongwang's level of 
investment is minimal when compared to China's semi-finished aluminum 
goods export rebate that it received on aluminum extrusions exports 
from China and the avoidance of 400 percent AD/CVD duties on U.S. 
imports.\16\
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    \12\ Id. at 29-30.
    \13\ Id. at 30 and Exhibit 33.
    \14\ Id.
    \15\ Id.
    \16\ Id. at 30-31 and Exhibit 33.
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(2) Level of Research and Development
    The petitioner states that, in comparison with Zhongwang's Chinese 
operations, the level of research and development (R&D) in Vietnam is 
minimal.\17\ The petitioner points out that Zhongwang's financial 
reports indicate that it invested heavily in R&D in China.\18\ The 
petitioner also points to Zhongwang's financial reports, which show an 
integrated production line and its 1,288 R&D and quality control 
personnel (which account for 7.7 percent of all Zhongwang 
employees).\19\ The petitioner also states that, conversely, 
Zhongwang's Vietnamese operation (as well as those of and other 
Vietnamese extruders) consists of merely re-melting and re-extruding; 
neither of which requires unique technology or significant R&D.\20\
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    \17\ Id. at 31.
    \18\ Id. at 31 and Exhibit 33.
    \19\ Id.
    \20\ Id.
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(3) Nature of Production Process
    According to the petitioner, the production process undertaken by 
Vietnamese producers of aluminum extrusions provides minimal value 
added.\21\ The petitioner points out that the that the process requires 
re-melting the Chinese aluminum extrusions in a furnace and then 
pushing the reheated extrusion through a die for a desired

[[Page 9270]]

end shape; the costs incurred by Vietnamese extruders for the process 
are labor, energy, and overhead, which account for allegedly only 8.8 
percent of total extrusion cost.\22\ In contrast, the petitioner 
provides information suggesting that 90 percent of the cost of 
production of aluminum extrusions in China is the metal material (i.e., 
aluminum ingot, aluminum scrap, and additional elements) which is 
extruded for export to Vietnam.\23\
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    \21\ Id. at 32.
    \22\ Id. at 32-33 and Exhibits 32 and 34.
    \23\ Id. at 33 and Exhibits 32 and 34.
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(4) Extent of Production Facilities in Vietnam
    The petitioner provided information indicating that production 
facilities in Vietnam are more limited compared to facilities in 
China.\24\ The petitioner states that Zhongwang is using its affiliate 
GVA to keep its Chinese facilities running at full production and to 
continue flooding the world with extrusions, now from Vietnam.\25\
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    \24\ Id. at 34-35.
    \25\ Id. at 35, and Exhibit 16.
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(5) Value of Processing in Vietnam
    The petitioner asserts that producing aluminum extrusions in China 
accounts for a large percentage of the total value of the aluminum 
extrusions reprocessed in Vietnam.\26\ Using a cost of production model 
with standard consumption rates and surrogate costs for the production 
of billets and extrusions, the petitioner states that the value of 
reprocessing performed in Vietnam is a small fraction of the value of 
merchandise shipped to the United States.\27\ The petitioner argues 
that the vast majority of the value of the merchandise consists of the 
processing done in China and the value of the aluminum itself. 
Additionally, the petitioner argues that, from a qualitative analysis 
standpoint, primary direct material inputs (i.e., Chinese aluminum 
extrusions) converted by producers in Vietnam show no other significant 
costs incurred by Vietnamese producers.\28\ Thus, petitioner concludes 
that the value of the merchandise produced in China comprises the vast 
majority of total value of the inquiry merchandise shipped to the 
United States.\29\
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    \26\ Id. at 35.
    \27\ Id. at 35, and Exhibit 35.
    \28\ Id. at 36.
    \29\ Id. at 36-37.
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D. Additional Factors To Consider in Determining Whether Action Is 
Necessary

    Section 781(b)(3) of the Act directs Commerce to consider 
additional factors in determining whether to include merchandise 
assembled or completed in a foreign country within the scope of an 
order, such as: ``{1{time}  the pattern of trade, including sourcing 
patterns, {2{time}  whether the manufacturer or exporter of the 
merchandise . . . is affiliated with the person who uses the 
merchandise . . . to assemble or complete in the foreign country the 
merchandise that is subsequently imported into the United States, and 
{3{time}  whether imports into the foreign country of the merchandise . 
. . have increased after the initiation of the investigation which 
resulted in the issuance of such order or finding.''
(1) Pattern of Trade
    In its request, the petitioner provides evidence that Vietnam's 
imports of aluminum extrusions from China, as well as Vietnam's exports 
of aluminum extrusions to the United States, have surged since the 
petitions were filed for the original investigations of aluminum 
extrusions from China.\30\ The petitioner points to Zhongwang's 2017 
interim financial report, which reveals that the ``sales volume of 
{Zhongwang{time} 's deep processing business'' decreased by 80.7 
percent compared to the same period in 2016 ``due to the declined sales 
volume of deep-processed product exporting to the United States . . . 
caused by the increasingly heating up trade friction in aluminum 
industry between U.S. and China.'' \31\ Thus, the petitioner concludes 
that there is a pattern of trade of Vietnam imports of Chinese aluminum 
extrusions and export of inquiry merchandise which indicates 
circumvention of the Orders.
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    \30\ Id. at 38.
    \31\ Id. at 38-39 and Exhibit 36.
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(2) Affiliation
    The petitioner provided the following to support its allegation 
that GVA is affiliated with Zhongwang: (1) Zhongwang's employees have 
been seconded to GVA; \32\ (2) containers of Zhongwang's aluminum from 
China can be traced to GVA in Vietnam; \33\ (3) most of GVA's imports 
into Vietnam come from Zhongwang; \34\ (4) GVA is owned in part by 
Jacky Cheung, who has been involved with Zhongwang affiliated companies 
PCA/Perfectus and Alumincaste; \35\ and (5) GVA is a supplier to 
Zhongwang's U.S. affiliate PCA/Perfectus.\36\ The petitioner concludes 
that the evidence supports its allegation that GVA is affiliated with 
Zhongwang in an effort to circumvent the Orders.
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    \32\ Id. at 39.
    \33\ Id.
    \34\ Id. at 39-40 and Exhibits 2 and 3.
    \35\ Id. at 40 and Exhibits 2, 3, 10, and 14.
    \36\ Id. at 40 and Exhibits 3 and 16.
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(3) Increase of Aluminum Extrusions Shipments From China to Vietnam 
After Initiations of the AD and CVD Investigations of Aluminum 
Extrusions From China
    The petitioner presented evidence indicating that imports of 
aluminum extrusions from China to Vietnam have increased since the 
initiation of the investigations of aluminum extrusions from China.\37\ 
No other factual information on the record contradicts this claim.
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    \37\ Id. at 40 and Exhibits 17 and 18.
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Allegations Supporting Initiation of Anti-Circumvention Proceeding: 
Minor Alterations

    Section 781(c)(1) of the Act provides that Commerce may find 
circumvention of an AD or CVD order when products which are of the 
class or kind of merchandise subject to an AD or CVD order have been 
``altered in form or appearance in minor respects . . . whether or not 
included in the same tariff classification.'' Section 781(c)(2) of the 
Act provides an exception that ``{p{time} aragraph 1 shall not apply 
with respect to altered merchandise if the administering authority 
determines that it would be unnecessary to consider the altered 
merchandise within the scope of the {AD or CVD{time}  order{.{time} ''
    Although the statute is silent as to what factors to consider in 
determining whether alterations are properly considered ``minor,'' the 
legislative history of this provision indicates there are certain 
factors which should be considered before reaching an anti-
circumvention determination. In conducting an anti-circumvention 
inquiry under section 781(c) of the Act, Commerce has generally relied 
upon ``such criteria as the overall physical characteristics of the 
merchandise, the expectations of the ultimate users, the use of the 
merchandise, the channels of marketing and the cost of any modification 
relative to the total value of the imported product.'' \38\ Commerce 
will examine these factors in evaluating an allegation of minor 
alteration under section 781(c) of the Act and 19 CFR 351.225(i). 
Still, because each case is highly dependent on the facts on the 
record, each must be analyzed in light of the specific facts. Moreover, 
although not specified in the statute, Commerce has also considered 
additional factors as part of its anti-circumvention analysis,

[[Page 9271]]

including the circumstances under which the products at issue entered 
the United States, and the timing and quantity of said entries during 
the circumvention review period.\39\
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    \38\ See S. Rep. No. 71, 100th Cong., 1st Sess. 100 (1987) (``In 
applying this provision, the Commerce Department should apply 
practical measurements regarding minor alterations, so that 
circumvention can be dealt with effectively, even where such 
alterations to an article technically transform it into a 
differently designated article'').
    \39\ See, e.g., Brass Sheet and Strip from West Germany; 
Negative Preliminary Determination of Circumvention of Antidumping 
Duty Order, 55 FR 32655 (August 10, 1990) (Brass Sheet and Strip 
from West Germany Prelim), unchanged in Brass Sheet and Strip from 
Germany; Negative Final Determination of Circumvention of 
Antidumping Duty Order, 56 FR 65884 (December 19, 1991); see also 
Small Diameter Graphite Electrodes from the People's Republic of 
China: Initiation of Anticircumvention Inquiry, 77 FR 37873, 37876 
(June 25, 2012).
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A. Overall Physical Characteristics

    The petitioner contends that the aluminum extrusions being imported 
into the United States from Vietnam are indistinguishable in any 
meaningful sense from subject extrusions produced in China.\40\ Indeed, 
the petitioner provided evidence that the aluminum ``pallets'' exported 
from China to GVA in Vietnam are the same as subject merchandise as 
determined by Commerce in two separate scope rulings.\41\ Additionally, 
the petitioner provided evidence showing that aluminum extrusions from 
Vietnam are entering the United States under the same HTS subheadings 
as subject Chinese extrusions.\42\ As such, the petitioner argues that 
the only difference between Chinese aluminum extrusions and extrusions 
from Vietnam is that the extrusions from Vietnam are being re-extruded 
from Chinese subject merchandise.
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    \40\ See Anti-Circumvention Request, at 42.
    \41\ Id. at 42 and Exhibits 2, 3, and 20.
    \42\ Id. at 42 and Exhibit 20.
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B. Expectations of the Ultimate Users

    The petitioner alleges that the expectations of the purchasers, and 
ultimate use of aluminum extrusions from Vietnam, are the same as those 
of products produced in China.\43\ The petitioner cites to Commerce's 
scope ruling on pallets that aluminum ``pallets'' could not be 
differentiated from aluminum extrusions based on their end use because 
the ``pallets'' at issue were not functional as ordinary pallets.\44\ 
The petitioner avers that the ``pallets'' (or other extruded aluminum 
products that have been re-melted and re-extruded) would serve the same 
expected end use, because the underlying aluminum in these extrusions 
is exactly the same.\45\ The petitioner provided evidence that aluminum 
extrusion producers in Vietnam do not distinguish between aluminum 
billet feedstock produced in one location from another when marketing 
their extrusions to the public.\46\ Therefore, the petitioner argues 
that the end-users of these products do not distinguish between those 
produced entirely in China and those re-extruded in Vietnam.
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    \43\ Id. at 43.
    \44\ Id. (citing Memorandum, ``Antidumping and Countervailing 
Duty Orders on Aluminum Extrusions from the People's Republic of 
China: Final Scope Ruling on Certain Aluminum Pallets,'' dated 
December 7, 2016; and Memorandum, ``Antidumping and Countervailing 
Duty Orders on Aluminum Extrusions from the People's Republic of 
China: Final Scope Ruling on Certain Aluminum Pallets,'' dated June 
13, 2017).
    \45\ Id. at 43.
    \46\ Id. at 43 and Exhibits 22, 37, and 38.
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C. Channels of Marketing

    The petitioner maintains that there is no difference between the 
channels of marketing for aluminum extrusions from China and for 
aluminum extrusion from Vietnam.\47\ For example, the petitioner 
provided evidence that the marketing pages of companies' websites do 
not differentiate between the aluminum extrusions produced in Vietnam 
and those produced in China and melted and re-extruded in Vietnam.\48\ 
The petitioner alleges that if there were a difference between those 
extrusions, then one would expect companies to highlight the 
difference.\49\
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    \47\ Id. at 44.
    \48\ Id. at 44 and Exhibits 22, 37, and 38.
    \49\ Id. at 44 and Exhibit 22.
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D. Cost of Modification

    The petitioner claims that the cost of the minor alterations to 
make aluminum extrusions in Vietnam is small when compared to the total 
cost of production and the total value of the aluminum extrusions.\50\ 
As discussed above, the petitioner contends that, since the Vietnamese 
producers are only melting and re-extruding the aluminum, the 
production which takes place in Vietnam amounts to minimal additional 
processing.\51\ The petitioner alleges that this processing (i.e., re-
melting and re-extruding) takes place in two steps: (1) GVA melts the 
Chinese extrusion into a billet, and (2) GVA extrudes the billet.\52\ 
It claims that GVA avoids the metal costs of billet production in 
Vietnam by simply melting aluminum extrusions that are already at the 
desired aluminum alloy.\53\ According to the petitioner, this allows 
GVA to save over 90 percent of the cost of producing a billet, which 
comprises 80 percent of the cost of producing an extrusion.\54\ For 
that reason, the petitioner avers that the remaining processing which 
takes place in Vietnam is 10 percent of total aluminum extrusions; 
these costs are broken down between labor, energy, and additional 
overhead, and are insignificant in comparison to the AD/CVD duties 
avoided.\55\
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    \50\ Id. at 44.
    \51\ Id.
    \52\ Id. at 44-45 and Exhibits 32 and 34.
    \53\ Id. at 44-46 and Exhibits 32 and 34.
    \54\ Id.
    \55\ Id. at 46-47 and Exhibit 34.
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E. Additional Factors To Consider in Determining Whether Action Is 
Necessary

    In addition to the factors described above, Commerce has considered 
additional factors in determining whether a producer or exporter has 
used a minor alteration to circumvent an order.\56\
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    \56\ See, e.g., Brass Sheet and Strip from West Germany Prelim, 
55 FR at 32655, 32658.
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i. Circumstance Under Which the Subject Products Entered the United 
States
    The petitioner states that, at the completion of the original 
investigations, the China-wide AD/CVD rate was nearly 400 percent.\57\ 
According to the petitioner, these considerable margins give Zhongwang 
a tremendous financial incentive to circumvent the Orders, thereby not 
incurring the costs associated with the duties levied on the entries of 
subject merchandise.\58\ The petitioner alleges that Zhongwang has a 
long history of evading the Orders.\59\
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    \57\ See Anti-Circumvention Request, at 47-48.
    \58\ Id. at 48.
    \59\ Id.
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ii. Timing of Entries
    The petitioner asserts that the timing of the entries of Vietnamese 
aluminum extrusions shows that Zhongwang has attempted to circumvent 
the Orders.\60\ To support its contention, the petitioner provided 
import data showing that aluminum extrusions shipments to Vietnam from 
China, and aluminum extrusion shipments to the United States from 
Vietnam, both increased after the imposition of the Orders in 2011.\61\
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    \60\ Id.
    \61\ Id. at 48-50 and Exhibits 9, 17, and 20.
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Analysis of the Allegations

    Based on our analysis of the information provided by the 
petitioner, Commerce finds that there exists a sufficient basis to 
initiate anti-circumvention inquiries, pursuant to sections 781(b) and 
(c) of the Act. Commerce will determine whether the merchandise subject 
to the inquiries (identified in the ``Merchandise Subject to the Anti-
Circumvention Inquiries'' section, above) involves merchandise

[[Page 9272]]

either completed or assembled in other foreign countries which can be 
considered subject to the Orders, and/or represents a minor alteration 
to subject merchandise in such minor respects that it should be subject 
to the Orders.
    Commerce will not order the suspension of liquidation of entries of 
any additional merchandise at this time. However, in accordance with 19 
CFR 351.225(l)(2), if Commerce issues a preliminary affirmative 
determination, we will then instruct U.S. Customs and Border Protection 
to suspend liquidation and require a cash deposit of estimated duties, 
at the applicable rate, for each unliquidated entry of the merchandise 
at issue, entered or withdrawn from warehouse for consumption, on or 
after the date of initiation of the inquiries.
    In the event we issue a preliminary affirmative determination of 
circumvention pursuant to section 781(b) of the act (Merchandise 
Completed or Assembled in Other Foreign Countries), we intend to notify 
the International Trade Commission, in accordance with section 
781(b)(1) of the Act and 19 CFR 351.225(f)(7)(i)(B), if applicable.
    Commerce will, following consultation with interested parties, 
establish a schedule for questionnaires and comments on the issues. 
Commerce intends to issue its final determination within 300 days of 
this initiation, in accordance with section 781(f) of the Act.
    This notice is published in accordance with sections 781(b) and (c) 
of the Act and 19 CFR 351.225(h) and (i).

    Dated: February 26, 2018.
Prentiss Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2018-04390 Filed 3-2-18; 8:45 am]
 BILLING CODE 3510-DS-P