[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34548-34551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15573]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions From the People's Republic of China: 
Initiation and Preliminary Results of Expedited Changed Circumstances 
Review

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

SUMMARY: The Department of Commerce (Commerce) is initiating and 
issuing the preliminary results of a changed circumstances review (CCR) 
of the antidumping duty (AD) order on aluminum extrusions from the 
People's Republic of China (China), finding that the cash deposit rate 
for the 21 exporters/producers who retain a separate rate assigned in 
the less-than-fair value (LTFV) investigation should be recalculated to 
reflect the revised countervailing duty (CVD) export subsidy offsets 
from the amended final CVD determination. We invite interested parties 
to comment on these preliminary results.

DATES: Applicable July 20, 2018.

FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 26, 2011, Commerce published AD and CVD orders on aluminum 
extrusions from China.\1\ On October 23, 2015, the United States Court 
of International Trade (CIT) sustained Commerce's results of 
redetermination pursuant to court remand, which recalculated the all-
others subsidy rate in the CVD investigation of aluminum extrusions 
from China.\2\ On November 10, 2015, Commerce published an amended 
final CVD determination, with an effective date of November 2, 2015.\3\
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order); and 
Aluminum Extrusions from the People's Republic of China: 
Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
    \2\ See MacLean-Fogg Co. v. United States, 100 F. Supp. 3d 1349 
(CIT August 2015) (MacLean-Fogg).
    \3\ See Aluminum Extrusions from the People's Republic of China: 
Amended Final Affirmative Countervailing Duty Determination Pursuant 
to Court Decision, 80 FR 69640 (November 10, 2015) (CVD Amended 
Final Determination).
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    In the CVD investigation, the subsidy rate applied to ``all other'' 
companies was 374.15 percent,\4\ and the amount of export subsidies 
included in the all-others rate was 42.16 percent.\5\ Section 
772(c)(1)(C) the Act provides that in determining export price (EP) or 
constructed export price (CEP), Commerce should adjust its calculations 
by ``the amount of any countervailing duty imposed on the subject 
merchandise . . . to offset an export subsidy.'' Therefore, the AD cash 
deposit rate for companies eligible for a separate rate was calculated 
as the separate rate dumping margin determined in the LTFV 
investigation (i.e., 32.79 percent), less the amount of export 
subsidies included in the all-others CVD rate (i.e., 42.16 percent).\6\ 
However, as a result of Commerce's amended final CVD determination, the 
all-others CVD rate was determined to be 7.37 percent,\7\ and the 
amount of export subsidies included in the all-others rate was 
determined to be 0.28 percent.\8\
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    \4\ See Aluminum Extrusions from the People's Republic of China: 
Final Affirmative Countervailing Duty Determination, 76 FR 18521, 
18523 (April 4, 2011).
    \5\ See Aluminum Extrusions from the People's Republic of China: 
Final Determination of Sales at Less Than Fair Value, 76 FR 18524, 
18531 (April 4, 2011).
    \6\ Id., 76 FR at 18531.
    \7\ See CVD Amended Final Determination, 80 FR at 69640.
    \8\ See Memorandum, ``Preliminary Export Subsidy Offset 
Calculation Memorandum,'' dated concurrently with this notice 
(Preliminary Calculation Memorandum).
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    Of the companies that were granted a separate rate in the LTFV 
investigation, 21 companies have not been subject to an administrative 
review and, thus, continue to be assigned the separate rate cash 
deposit rate determined in the LTFV investigation.\9\ These companies 
are listed below in the ``Preliminary Results of Expedited Changed 
Circumstances Review'' section.
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    \9\ Two additional companies, China Square Industrial Ltd and 
USA Worldwide Door Components (PINGHU) Co., Ltd., are currently 
assigned the separate rate established in the LTFV investigation. 
However, both companies are currently under review in the 2015-2016 
administrative review of aluminum extrusions from China, and their 
dumping margin will be determined in the final results of that 
review.
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Scope of the Order

    The merchandise covered by the Order 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

[[Page 34549]]

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 Order 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.
    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.

[[Page 34550]]

Initiation of Changed Circumstances Review

    Pursuant to section 751(b) of the Act and 19 CFR 351.216 and 
351.221(c)(3), Commerce is initiating a CCR of the antidumping duty 
order on aluminum extrusions from China. While Commerce was conducting 
the 2016-2017 administrative review,\10\ the Aluminum Extrusions Fair 
Trade Committee (the petitioner), brought to Commerce's attention that, 
despite the issuance of the CVD Amended Final Determination, which 
modified the all-others CVD rate, Commerce never revised the export 
subsidy offset applied to the AD cash deposit rates determined for the 
21 exporters/producers who retain a separate rate assigned in the LTFV 
investigation. In light of the issuance of the CVD Amended Final 
Determination, as well as the information raised by the petitioner in 
the 2016-2017 administrative review, we have determined that there is 
sufficient information of changed circumstances to warrant self-
initiation of a review to consider revision of the AD cash deposit 
rates applied to those exporters/producers who continue to be assigned 
a separate rate from the LTFV investigation.
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    \10\ See Aluminum Extrusions from the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review 
and Rescission of Review in Part; 2016-2017, 83 FR 5604 (February 8, 
2018).
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    Section 351.221(c)(3)(ii) of Commerce's regulations permits 
Commerce to combine the notice of initiation of a changed circumstances 
review and the notice of preliminary results if Commerce concludes that 
expedited action is warranted. In this instance, because we believe we 
have all the information necessary to make a preliminary finding, and 
that modification of the export subsidy offset was permitted on or 
after November 2, 2015 (the effective date of the CVD Amended Final 
Determination), we find that expedited action is warranted, and have 
combined the notice of initiation and the notice of preliminary 
results.

Preliminary Results of Expedited Changed Circumstances Review

    When it concludes that expedited action is warranted, Commerce may 
publish the notice of initiation and preliminary results of a CCR in a 
single notice.\11\ As detailed below, expedited action is warranted in 
this instance to bring Commerce's application of the export subsidy 
offset in accordance with the revised CVD rate issued in the CVD 
Amended Final Determination. Accordingly, we are combining the notice 
of initiation and the notice of preliminary results, in accordance with 
19 CFR 351.221(c)(3)(ii).
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    \11\ See 19 CFR 351.221(c)(3)(ii).
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    Based on Commerce's analysis of the information published in the 
CVD Amended Final Determination, in accordance with 19 CFR 351.216, we 
preliminarily determine that changed circumstances exist, and that the 
appropriate cash deposit rate for the 21 exporters/producers who retain 
a separate rate assigned in the LTFV investigation should be 
recalculated to include the revised CVD export subsidy offsets from the 
CVD Amended Final Determination.\12\
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    \12\ See Preliminary Calculation Memorandum.
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    The preliminary cash deposit rates are listed below:

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                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumping margin  rate (percent)
                                                                                     (percent)
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Changshu Changsheng Aluminium Products Co.,     Changshu Changsheng Aluminium              32.79           32.51
 Ltd.                                            Products Co., Ltd.
Cosco (J.M.) Aluminium Co., Ltd...............  Cosco (J.M.) Aluminium Co., Ltd/           32.79           32.51
                                                 Jiangmen Qunxing Hardware
                                                 Diecasting Co., Ltd.
First Union Property Limited..................  Top-Wok Metal Co., Ltd..........           32.79           32.51
Foshan Jinlan Non-Ferrous Metal Product Co.,    Foshan Jinlan Aluminium Co., Ltd           32.79           32.51
 Ltd.
Foshan Sanshui Fenglu Aluminium Co., Ltd......  Foshan Sanshui Fenglu Aluminium            32.79           32.51
                                                 CO., Ltd.
Guangdong Hao Mei Aluminium Co., Ltd..........  Guangdong Hao Mei Aluminium Co.,           32.79           32.51
                                                 Ltd.
Guangdong Weiye Aluminum Factory Co., Ltd.....  Guangdong Weiye Aluminum Factory           32.79           32.51
                                                 Co., Ltd.
Guangdong Xingfa Aluminium Co., Ltd...........  Guangdong Xingfa Aluminium Co.,            32.79           32.51
                                                 Ltd.
Hanwood Enterprises Limited...................  Pingguo Aluminium Company                  32.79           32.51
                                                 Limited.
Honsense Development Company..................  Kanal Precision Aluminium                  32.79           32.51
                                                 Product Co., Ltd.
Innovative Aluminium (Hong Kong) Limited......  Taishan Golden Gain Aluminum               32.79           32.51
                                                 Products Limited.
Jiangyin Trust International Inc..............  Jiangyin Xinhong Doors and                 32.79           32.51
                                                 Windows Co., Ltd.
Longkou Donghai Trade Co., Ltd................  Shandong Nanshan Aluminum Co.,             32.79           32.51
                                                 Ltd.
Ningbo Yili Import and Export Co., Ltd........  Zhejiang Anji Xinxiang Aluminum            32.79           32.51
                                                 Co., Ltd.
North China Aluminum Co., Ltd.................  North China Aluminum Co., Ltd...           32.79           32.51
PanAsia Aluminium (China) Limited.............  PanAsia Aluminium (China)                  32.79           32.51
                                                 Limited.
Pingguo Asia Aluminum Co., Ltd................  Pingguo Asia Aluminum Co., Ltd..           32.79           32.51
Popular Plastics Co., Ltd.....................  Hoi Tat Plastic Mould & Metal              32.79           32.51
                                                 Factory.
Tai-Ao Aluminium (Taishan) Co., Ltd...........  Tai-Ao Aluminium (Taishan) Co.,            32.79           32.51
                                                 Ltd.
Tianjin Ruixin Electric Heat Transmission       Tianjin Ruixin Electric Heat               32.79           32.51
 Technology, Ltd.                                Transmission Technology, Ltd.
Zhejiang Yongkang Listar Aluminium Industry     Zhejiang Yongkang Listar                   32.79           32.51
 Co., Ltd.                                       Aluminium Industry Co., Ltd.
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Public Comment

    Case briefs from interested parties may be submitted not later than 
30 days after the date of publication of this notice.\13\ Rebuttal 
briefs, limited to the issues raised in the case briefs, may be filed 
no later than 5 days after the submission of case briefs.\14\ Parties 
who submit case or rebuttal briefs in this CCR are requested to submit 
with each argument: (1) A statement of the issue; and (2) a brief 
summary of the argument with an electronic version included.\15\
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    \13\ See 19 CFR 321.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1).
    \15\ See 19 CFR 351.309(c)(2), and (d)(2).
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    All submissions, with limited exceptions, must be filed 
electronically using Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).\16\ 
ACCESS is available to registered users at http://

[[Page 34551]]

access.trade.gov, and it is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
An electronically filed document must be received successfully in its 
entirety by Commerce's electronic records system, ACCESS, by 5 p.m. 
Eastern Time (ET) on the deadline.\17\ Documents excepted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with the APO/Dockets Unit in Room 18022 and stamped with 
the date and time of receipt by 5 p.m. ET on the due date.\18\
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    \16\ See 19 CFR 351.303(f).
    \17\ See 19 CFR 351.303(b).
    \18\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures: Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011).
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    Any interested party may request a hearing within 30 days of 
publication of this notice. Any hearing, if requested, will be held no 
later than 37 days after the date of publication of this notice in the 
Federal Register, or the first business day thereafter. Persons 
interested in attending the hearing, if one is requested, should 
contact Commerce for the date and time of the hearing.

Notifications to Interested Parties

    Unless extended, consistent with 19 CFR 351.216(e), we intend to 
issue the final results of this CCR no later than 270 days after the 
date on which this review is initiated, or within 45 days after the 
date on which this review is initiated if all parties agree to our 
preliminary finding. The final results will include Commerce's analysis 
of issues raised in any written comments.
    We are issuing and publishing this initiation and preliminary 
results notice in accordance with sections 751(b)(1) and 777(i)(1) and 
(2) of the Act and sections 351.216 and 351.221(c)(3) of Commerce's 
regulations.

    Dated: July 16, 2018.
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.
[FR Doc. 2018-15573 Filed 7-19-18; 8:45 am]
 BILLING CODE 3510-DS-P