[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Notices]
[Pages 35614-35616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16071]


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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 and Final 
Determination of No Shipments; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on aluminum 
extrusions from the People's Republic of China (China) for the period 
of review (POR) May 1, 2016, through April 30, 2017. We determine that 
25 of the companies for which an administrative review was requested, 
and not withdrawn, failed to demonstrate eligibility for a separate 
rate; therefore, each is part of the China-wide entity. We also 
determine that Guangdong Xin Wei Aluminum Products Co., Ltd., Xin Wei 
Aluminum Company Limited, and Xin Wei Aluminum Co. Ltd. made no 
entries, exports, or sales of the subject merchandise during the POR 
covered by this administrative review.

DATES: Applicable July 27, 2018.

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.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce initiated this review on July 6, 2017.\1\ On February 8, 
2018, Commerce published the Preliminary Results of this administrative 
review.\2\ At that time, we invited interested parties to comment on 
the Preliminary Results.\3\ On March 13, 2018, we received case briefs 
from the Aluminum Extrusions Fair Trade Committee (the petitioner) \4\ 
and Xin Wei Aluminum Company Limited, Guangdong Xin Wei Aluminum 
Products Co., Ltd., Xin Wei Aluminum Co. Ltd., Xin Wei Aluminum Co., 
and Regal Ideas Inc. (collectively, Xin Wei/Regal).\5\ On March 19, 
2018, we received rebuttal briefs from the petitioner \6\ and Tai-Ao 
Aluminium (Taishan) Co., Ltd. (Tai-Ao).\7\ No other party submitted 
case or rebuttal briefs. These final results cover 29 companies

[[Page 35615]]

for which an administrative review was initiated and not rescinded.\8\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 31292 (July 6, 2017) (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; 2016-2017, 83 FR 5604 (February 8, 
2018) (Preliminary Results) and accompanying preliminary decision 
memorandum (Preliminary Decision Memorandum).
    \3\ See Preliminary Results, 83 FR at 5606; see also 19 CFR 
351.309.
    \4\ See Petitioner Letter re: Aluminum Extrusions from the 
People's Republic of China: Case Brief, dated March 13, 2018.
    \5\ See Xin Wei/Regal Letter re: Aluminum Extrusions from the 
People's Republic of China: Case Brief, dated March 13, 2018.
    \6\ See Petitioner Letter re: Aluminum Extrusions from the 
People's Republic of China: Rebuttal Brief, dated March 19, 2018.
    \7\ See Tai-Ao Letter re: Tai-Ao's Administrative Rebuttal 
Brief: Administrative Review of the Antidumping Duty Order on 
Aluminum Extrusions from the People's Republic of China: Review 
Period--5/1/16-4/30/17, dated March 19, 2018.
    \8\ Initially, this administrative review covered 220 companies. 
See Initiation Notice, 82 FR at 31294. However, Commerce rescinded 
this administrative review with respect to 191 companies for which 
all review requests were timely withdrawn. See Preliminary Results, 
83 FR at 5604, and accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The merchandise covered by the Order \9\ 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).\10\
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    \9\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order).
    \10\ 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; 2016-2017,'' 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.\11\
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    \11\ See the Order.
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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

    Based on our analysis of the comments received, and for the reasons 
explained in the Issues and Decision Memorandum, we made certain 
changes to the treatment of Guangdong Xin Wei Aluminum Products Co., 
Ltd., Xin Wei Aluminum Company Limited, and Xin Wei Aluminum Co. 
Ltd.\12\
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    \12\ See Issues and Decision Memorandum, at Comment 2.
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Final Determination of No Shipments

    We find that a certification of no shipments on behalf of Guangdong 
Xin Wei Aluminum Products Co., Ltd., Xin Wei Aluminum Company Limited, 
and Xin Wei Aluminum Co. Ltd. satisfied the requirements of section 
351.213(d)(3) of Commerce's regulations that there were no entries, 
exports, or sales of the subject merchandise during the POR. Therefore, 
we determine that Guangdong Xin Wei Aluminum Products Co., Ltd., Xin 
Wei Aluminum Company Limited, and Xin Wei Aluminum Co. Ltd. made no 
entries, exports, or sales of the subject merchandise during the POR 
covered by this administrative review. Consequently, these companies' 
separate rates remain unchanged from the last administrative review.

China-Wide Entity

    For the purposes of the final results of this administrative 
review, we continue to find that the following entities are part of the 
China-wide entity because they failed to submit both a response to 
Commerce's quantity and value questionnaire and information to 
establish eligibility for a separate rate: (1) Activa International 
Inc.; (2) Atlas Integrated Manufacturing Ltd.; (3) Belton (Asia) 
Development Ltd.; (4) Belton (Asia) Development Limited; (5) Changzhou 
Tenglong Auto Parts Co., Ltd.; (6) Changzhou Tenglong Auto Accessories 
Manufacturing Co. Ltd.; (7) Changzhou Tenglong Auto Parts Co Ltd; (8) 
China Square; (9) China Square Industrial Co.; (10) China Square 
Industrial Ltd; (11) Daya Hardware Co Ltd; (12) ETLA Technology (Wuxi) 
Co. Ltd; (13) Global Hi-Tek Precision Co. Ltd; (14) Guangdong Whirlpool 
Electrical Appliances Co., Ltd.; (15) Guangdong Zhongya Aluminium 
Company Limited; (16) Henan New Kelong Electrical Appliances Co., Ltd.;

[[Page 35616]]

(17) Liaoning Zhongwang Group Co., Ltd.; (18) Liaoyang Zhongwang 
Aluminum Profile Co. Ltd.; (19) Midea International Training Co., Ltd.; 
(20) Midea International Trading Co., Ltd.; (21) Shenyang Yuanda 
Aluminum Industry Engineering Co. Ltd.; (22) Sincere Profit Limited; 
(23) Summit Heat Sinks Metal Co, Ltd; (24) USA Worldwide Door 
Components (PINGHU) Co., Ltd.; (25) Whirlpool Canada L.P.; and (26) 
Whirlpool Microwave Products Development Ltd.\13\
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    \13\ See Preliminary Results, 83 FR at 5606.
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\14\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
the instant review, the entity is not under review, and the entity's 
current rate, i.e., 86.01 percent,\15\ is not subject to change.
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    \14\ 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).
    \15\ See Aluminum Extrusions from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2015-2016, 82 FR 52265, 52267 (November 13, 2017).
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Adjustments for Countervailable Subsidies

    Because no company established eligibility for an adjustment under 
section 777A(f) of the Act for countervailable domestic subsidies, for 
these final results, Commerce did not make an adjustment pursuant to 
section 777A(f) of the Act for countervailable domestic subsidies for 
separate-rate recipients. Furthermore, because the China-wide entity is 
not under review, we made no adjustment for countervailable export 
subsidies for the China-wide entity pursuant to section 772(c)(1)(C) of 
the Act.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Commerce 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 Commerce's assessment practice in non-market 
economy (NME) cases, if Commerce 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 China-wide rate.\16\
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    \16\ 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 China 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 previously 
investigated or reviewed Chinese and non-Chinese 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; (2) for all Chinese 
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 China-wide entity, which is 86.01 percent; and (3) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
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 Commerce'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 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.

Notification to Interested Parties

    We are issuing and publishing notice of these final results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 
sections 351.213(h) and 351.221(b)(5) of Commerce's regulations.

    Dated: July 23, 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.

Appendix I

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 1: Adjustment of Liquidation Instructions
    Comment 2: Xin Wei/Regal Separate Rate
5. Recommendation

[FR Doc. 2018-16071 Filed 7-26-18; 8:45 am]
 BILLING CODE 3510-DS-P