[Federal Register Volume 84, Number 155 (Monday, August 12, 2019)]
[Notices]
[Pages 39805-39808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17194]
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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: Final
Affirmative Determination of Circumvention of the Antidumping Duty and
Countervailing Duty Orders, and Partial Rescission
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that aluminum
extrusions exported from Vietnam, that are produced from aluminum
previously extruded in the People's Republic of China (China), are
circumventing the antidumping duty (AD) and countervailing duty (CVD)
orders on aluminum extrusions from China. Commerce has also rescinded
the minor alterations circumvention inquiry.
DATES: Applicable August 12, 2019.
FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.
SUPPLEMENTARY INFORMATION:
Background
On May 17, 2019, Commerce published the Preliminary Determination
\1\ of circumvention of the Orders.\2\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\3\ 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 http://access.trade.gov, and it is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
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\1\ See Aluminum Extrusions from the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 84 FR 22445 (May 17,
2019) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum (PDM).
\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 Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of Circumvention Concerning Aluminum
Extrusions from the People's Republic of China,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Orders
The products covered by the Orders are aluminum extrusions. For a
complete description of the scope of the Orders, see the Issues and
Decision Memorandum.
Partial Rescission of Circumvention Inquiries
In the Preliminary Determination, we stated that because of the
affirmative determination of circumvention with respect to merchandise
that has been completed or assembled in other foreign countries,
pursuant to section 781(b) of the Tariff Act of 1930, as amended (the
Act), we did not make a determination with respect to the minor
alterations inquiries, pursuant to section 781(c) of the Act.\4\ For
these final results, because we continue to affirm circumvention with
respect to merchandise that has been completed or assembled in other
foreign countries, we are rescinding the minor alterations
circumvention inquiries.
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\4\ See Preliminary Determination PDM at 15.
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[[Page 39806]]
Scope of the Circumvention Inquiries
These inquiries cover aluminum extrusions that are made from
aluminum previously extruded in China (including billets created from
re-melted Chinese extrusions) that meet the description of the Orders
and are exported from Vietnam, regardless of producer, exporter or
importer (inquiry merchandise). This final ruling applies to all
shipments of inquiry merchandise on or after the date of publication of
the initiation of these inquiries.
Methodology
Commerce is conducting these inquiries in accordance with section
781(b) of the Act. For a full description of the methodology underlying
the Commerce's final determination, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as Appendix I.
Based on our analysis of the record evidence and comments received, we
made certain changes to the Preliminary Determination.
Final Affirmative Determination of Circumvention
As detailed in the Issues and Decision Memorandum, we determine
that aluminum extrusions exported from Vietnam, that are produced from
aluminum previously extruded (including billets created from re-melted
Chinese extrusions) in China, are circumventing the Orders. As such, we
determine that it is appropriate to include this merchandise within the
Orders and to instruct U.S. Customs and Border Protection (CBP) to
continue to suspend liquidation and require cash deposits for any
unliquidated entries of aluminum extrusions from Vietnam, that are
produced from aluminum previously extruded in China (including billets
created from re-melted Chinese extrusions), as discussed below.
Continuation of Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), Commerce will direct CBP
to continue to suspend liquidation and to require a cash deposit of
estimated duties on unliquidated entries of inquiry merchandise that
were entered, or withdrawn from warehouse, for consumption on or after
March 5, 2018, the date of publication of the initiation of these
inquiries.
The suspension of liquidation and cash deposit instructions will
remain in effect until further notice. Commerce will instruct CBP to
require AD cash deposits equal to the China-wide rate of 86.01 percent
\5\ for all extruded aluminum from Vietnam produced from aluminum
previously extruded in China (including billets created from re-melted
Chinese extrusions), unless the importer/exporter can demonstrate that
the aluminum consumed in production was previously extruded by a
Chinese manufacturer with a company-specific separate rate. In that
instance, the cash deposit rate will be the rate of the Chinese
supplier of the aluminum extrusions used in the production process that
has its own rate.\6\
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\5\ 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).
\6\ See, e.g., Glycine from the People's Republic of China:
Preliminary Partial Affirmative Determination of Circumvention of
the Antidumping Duty Order and Initiation of Scope Inquiry, 77 FR
21532, 21535 (April 10, 2012), unchanged in Glycine from the
People's Republic of China: Final Partial Affirmative Determination
of Circumvention of the Antidumping Duty Order, 77 FR 73426
(December 10, 2012).
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Aluminum extrusions not produced from aluminum previously extruded
in China are not subject to these inquiries and are not included within
the scope of the Orders as a result of this final affirmative
determination. Therefore, the suspension of liquidation and cash
deposit requirements do not apply to such merchandise, subject to the
following certification requirements: An importer of aluminum
extrusions from Vietnam claiming that its aluminum extrusions were
produced from non-Chinese aluminum extrusions (including billets
created from re-melted Chinese extrusions) must meet the certification
and documentation requirements described in Appendices II, III, and IV.
We determine that the following companies are not eligible for the
certification process: China Zhongwang Holdings Ltd.; Global Vietnam
Aluminum Co., Ltd.; Aluminicaste Fundicion de Mexico; 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.; American
Apex Aluminum Inc.; and Global Tower Worldwide Ltd.\7\ Accordingly,
aluminum extrusions from Vietnam that are produced, exported, or
imported by these companies are ineligible for the certification
process.
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\7\ See Issues and Decision Memorandum at Comment 3.
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Administrative Protective Orders
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction or 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
These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.225(f).
Dated: July 31, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiries
V. Period of Inquiry
VI. Rescission of Minor Alterations of Merchandise
VII. Changes Since the Preliminary Determination
VIII. Statutory Framework
IX. Use of Facts Available With Adverse Inference
X. Statutory Analysis
XI. Discussion of the Issues
Comment 1: Inquiry Merchandise is Circumventing the Orders
Comment 2: Inclusion of East Asia Aluminum in the Country-Wide
Determination
Comment 3: Certification Requirements
XII. Recommendation
Appendix II
Certification Eligibility and Requirements
A. Eligibility for the Certification
(1) Importers and exporters of aluminum extrusions from the
Socialist Republic of Vietnam (Vietnam) that were completed in
Vietnam using aluminum not previously extruded in the People's
Republic of China (China) (including billets created from re-melted
Chinese extrusions) are eligible for the certification process
detailed below and in the preliminary determination, with the
exception of certain companies. The following companies are not
eligible to participate in the certification process: China
Zhongwang Holdings Ltd.; Global Vietnam Aluminum Co., Ltd.;
Aluminicaste Fundicion
[[Page 39807]]
de Mexico; 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.; American Apex Aluminum Inc.; and Global
Tower Worldwide Ltd.
B. Certification Requirements for Importers and Exporters of
Aluminum Extrusions Completed in Vietnam Using Aluminum Not
Previously Extruded in China (Including Billets Created From Re-
Melted Chinese Extrusions)
(1) For entries of aluminum extrusions completed in Vietnam that
were entered, or withdrawn from warehouse, for consumption on or
after March 5, 2018 (the date of publication of the initiation of
these circumvention inquiries), for which the importer claims that
the aluminum extrusions were completed (including extruded) in
Vietnam using aluminum not previously extruded in China (including
billets created from re-melted Chinese extrusions), the importer and
exporter are required to meet the certification and documentation
requirements detailed below in order for no AD and/or CVD cash
deposit to be required on such entries.
(2) The importer is required to complete and maintain the
importer certification, attached as Appendix III. Where the importer
uses an agent or broker to facilitate the entry process, it must
obtain and provide the entry number as part of the certification.
Agents of the importer, such as brokers, however, are not permitted
to make this certification on behalf of the importer.
(3) The exporter is required to complete and maintain the
exporter certification, attached as Appendix IV. The exporter
certification should be completed by the party selling the
merchandise completed in Vietnam to the United States, which is not
necessarily the producer of the product.
(4) The exporter is further required to provide the importer
with a copy of the exporter certification.
(5) The importer is also required to maintain a copy of the
exporter certification.
(6) The importer and exporter are also required to maintain
sufficient documentation (as indicated in the certifications)
supporting their certifications.
(7) The importer and exporter are required to maintain the
certifications and supporting documentation for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in United States courts
regarding such entries.
(8) Although the importer will not be required to submit the
certifications or supporting documentation to U.S. Customs and
Border Protection (CBP) as part of the entry process, the importer
and the exporter will be required to present the certifications and
supporting documentation, to Commerce and/or CBP, as applicable,
upon request by the respective agency.
(9) The claims made in the certifications and any supporting
documentation are subject to verification by Commerce and/or CBP.
C. Certification Timing Requirements for Importers and Exporters of
Aluminum Extrusions Completed in Vietnam Using Aluminum Not
Previously Extruded in China (Including Billets Created From Re-
Melted Chinese Extrusions)
(1) For unliquidated entries of merchandise (a) shipped and/or
(b) entered, or withdrawn from warehouse, for consumption during the
period, March 5, 2018 (the date of publication of the initiation of
these circumvention inquiries), through the 29th day after the date
of publication of the final determination in the Federal Register,
for which certifications are required:
(a) The importers and exporters each have the option to complete
a blanket certification covering multiple entries, individual
certifications for each entry, or a combination thereof. Importer
and exporter certifications for these entries should be completed,
signed and dated within 45 days of publication of the final
determination in the Federal Register.
Accordingly, the relevant bullet in the certification should be
edited to reflect that the certification was completed within this
time frame. For example, the bullet in the importer certification
that reads: ``This certification was completed by the time of filing
the entry summary,'' could be edited as follows: ``The shipments/
products referenced herein entered within the 29th day after the mm/
dd/yyyy publication of the Final Determination Federal Register
notice. This certification was completed on mm/dd/yyyy, within 45
days of the Federal Register notice publication.''
Similarly, the bullet in the exporter certification that reads,
``This certification was completed by the time of shipment,'' could
be edited as follows: ``The shipments/products referenced herein
shipped within the 29th day after the mm/dd/yyyy publication of the
Final Determination Federal Register notice. This certification was
completed on mm/dd/yyyy, within 45 days of the Federal Register
notice publication.''
(b) Additionally, the exporter must provide the importer a copy
of the exporter certification within 45 days of the publication of
the final determination in the Federal Register.
(2) For subject merchandise (1) shipped and/or (2) entered, or
withdrawn from warehouse, for consumption on or after the date that
is 30 days after publication of the final determination in the
Federal Register, for which certifications are required:
(a) The importer certification must be completed, signed, and
dated by the deadline for filing of the entry summary for the
relevant importation; and
(b) The exporter certification must be completed, signed, dated
and provided to the importer by the time of shipment of the relevant
entries.
D. Importers and Exporters Not Eligible for the Certification
Process
(1) Importers and exporters of aluminum extrusions from the
Socialist Republic of Vietnam (Vietnam):
That were specifically identified above as not being
eligible
that were completed (including extruded) in Vietnam
using aluminum previously extruded in China (including billets
created from re-melted Chinese extrusions) and/or
that do not meet the certification requirements
detailed above are not eligible for the certification process
detailed above.
(2) For aluminum extrusions completed in Vietnam from aluminum
previously extruded in China (including billets created from re-
melted Chinese extrusions) and, thus, subject to the antidumping
duty (AD) and countervailing duty (CVD) orders on aluminum
extrusions from the People's Republic of China, A-570-967 and C-570-
968, respectively, Commerce has established the following third-
country case numbers in the Automated Commercial Environment (ACE):
A-552-998 and C-552-999.
(3) For unliquidated entries (and entries for which liquidation
has not become final) of merchandise not eligible for the
certifications, that entered as non-AD/CVD type entries (e.g., type
01) that were shipped and/or entered, or withdrawn from warehouse,
for consumption during the period, March 5, 2018 (the date of
publication of the initiation of these circumvention inquiries)
through the 29th day after the date of publication of the final
determination in the Federal Register, importers should file a Post
Summary Correction with CBP, as applicable, in accordance with CBP's
regulations, regarding conversion of such entries from non-AD/CVD
type entries to AD/CVD type (e.g., types 03, 06,) entries and report
those AD/CVD type entries using the third-country case numbers, A-
552-998 and C-552-999. Similarly, the importer should pay cash
deposits on those entries, consistent with the regulations governing
post summary corrections, that require payment of additional duties.
(4) Further, Commerce intends to instruct CBP to suspend (under
the third-country case numbers identified above) all unliquidated
shipments of aluminum extrusions completed in Vietnam for which the
certification and/or documentation requirements have not been met,
and to require the importer to post applicable AD and CVD cash
deposits equal to the rates as determined by Commerce. Entries
suspended under these third-country case numbers will be liquidated
pursuant to applicable administrative reviews of the China AD and
CVD orders or through the automatic liquidation process.
Appendix III
Importer Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME{time} and I
am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the importation into the Customs territory of the United States of
the aluminum extrusions completed in Vietnam that entered under
entry number(s) {INSERT ENTRY NUMBER(S){time} and are covered by
this certification. ``Direct personal knowledge''
[[Page 39808]]
refers to facts the certifying party is expected to have in its own
records. For example, the importer should have ``direct personal
knowledge'' of the importation of the product (e.g., the name of the
exporter) in its records;
I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the substrate used to produce
the imported products);
The aluminum extrusions completed (including extruded)
in Vietnam do not contain aluminum previously extruded in China
(including billets created from re-melted Chinese extrusions),
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
productions records, invoices, etc.) for the later of (1) a period
of five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to provide this certification and
supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain a copy of the exporter's
certification, (attesting to the production and/or export of the
imported merchandise identified above), for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in United States courts
regarding such entries;
I understand that {INSERT NAME OF IMPORTING
COMPANY{time} is required to maintain and provide a copy of the
exporter's certification and supporting records, upon request, to
CBP and/or Commerce;
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates determined by Commerce;
I understand that agents of the importer, such as
brokers, are not permitted to make this certification;
This certification was completed by the time of filing
the entry summary; and
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make materially false statements to the U.S.
government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
Appendix IV
Exporter Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
I have direct personal knowledge of the facts regarding
the production and exportation of the aluminum extrusions identified
below. ``Direct personal knowledge'' refers to facts the certifying
party is expected to have in its own books and records. For example,
an exporter should have ``direct personal knowledge'' of the
producer's identity and location;
Thee aluminum extrusions completed (including extruded)
in Vietnam do not contain aluminum previously extruded in China
(including billets created from re-melted Chinese extrusions),
regardless of whether sourced directly from a Chinese producer or
from a downstream supplier;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to maintain a copy of this certification
and sufficient documentation supporting this certification (i.e.,
documents maintained in the normal course of business, or documents
obtained by the certifying party, for example, mill certificates,
productions records, invoices, etc.) for the later of (1) a period
of five years from the date of entry or (2) a period of three years
after the conclusion of any litigation in the United States courts
regarding such entries;
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} must provide this Exporter Certification to the U.S.
importer by the time of shipment.
I understand that {INSERT NAME OF EXPORTING
COMPANY{time} is required to provide a copy of this certification
and supporting records, upon request, to U.S. Customs and Border
Protection (CBP) and/or the Department of Commerce (Commerce);
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce;
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met; and
[cir] the requirement that the importer post applicable
antidumping duty (AD) and countervailing duty (CVD) cash deposits
(as appropriate) equal to the rates as determined by Commerce;
This certification was completed by the time of
shipment; and
I am aware that U.S. law (including, but not limited
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who
knowingly and willfully make materially false statements to the U.S.
government.
Signature
NAME OF COMPANY OFFICIAL
TITLE
DATE
[FR Doc. 2019-17194 Filed 8-9-19; 8:45 am]
BILLING CODE 3510-DS-P