[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Notices]
[Pages 56164-56166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22871]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) finds that sales of 
aluminum extrusions from the People's Republic of China (China) were 
made at less than normal value during the period of review (POR), May 
1, 2017 through April 30, 2018. We further find that each 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withdrawn, failed to demonstrate eligibility for a separate rate; 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.

DATES: Applicable October 21, 2019.

FOR FURTHER INFORMATION CONTACT: Heather Lui 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) 482-0016 or (202) 482-6312, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce initiated this review on July 12, 2018.\1\ These final 
results cover 26 companies for which an administrative review was 
initiated and not rescinded.\2\ On April 16, 2019, Commerce published 
the Preliminary Results of this administrative review and invited 
interested parties to comment on the Preliminary Results.\3\ On May 16, 
2019, we received a case brief from Houztek Architectural Products Co., 
Ltd. (Houztek) and Columbia Aluminum Products, LLC (Columbia).\4\ On 
May 21, 2019, we received a rebuttal brief from the Aluminum Extrusions 
Fair Trade Committee (the petitioner).\5\ No other party submitted case 
or rebuttal briefs.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 32270 (July 12, 2018) (Initiation 
Notice), corrected by Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 83 FR 39688 (August 10, 2018).
    \2\ Initially, this administrative review covered 243 companies. 
See Initiation Notice, 83 FR 32270 at 32274. However, Commerce 
rescinded this administrative review with respect to 217 companies 
for which all review requests were timely withdrawn. See Aluminum 
Extrusions from the People's Republic of China: Preliminary Results 
of Antidumping Duty Administrative Review and Rescission of Review, 
in Part; 2017-2018, 84 FR 15587 (April 16, 2019) (Preliminary 
Results) and accompanying Preliminary Decision Memorandum.
    \3\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review, in Part; 2017-2018, 84 FR 15587 (April 16, 
2019) (Preliminary Results).
    \4\ See Houztek and Columbia's Letter, ``Aluminum Extrusions 
from the People's Republic of China: Houztek/Columbia Aluminum Case 
Brief,'' dated May 16, 2019.
    \5\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Rebuttal Brief,'' dated May 21, 2019.
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\6\ Between August 8 
and September 11, 2019, we extended the deadline for the final results 
of review, until October 11, 2019.\7\
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    \6\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \7\ See Memoranda, ``Aluminum Extrusions from the People's 
Republic of China: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated August 8, 2019 and 
September 11, 2019.
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Scope of the Order 8
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    \8\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order).
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    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).\9\
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    \9\ See Preliminary Decision Memorandum for a complete 
description of the scope of the Order.
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    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff

[[Page 56165]]

Schedule of the United States (HTSUS): 8541.90.00.00, 8708.10.30.50, 
8708.99.68.90, 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 
8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 
7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 
7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 
7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 
8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 
7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 
7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 
8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 
8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 
8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 
8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 
8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 
8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 
8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 
8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 
8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 
8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 
8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 
8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 
9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 
9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 
9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 
9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 
9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 
9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 
9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 
9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 
9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 
9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 
9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 
9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.
    The subject merchandise entered as parts of other aluminum products 
may be classifiable under the following additional Chapter 76 
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well 
as under other HTSUS chapters. In addition, fin evaporator coils may be 
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. 
While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal 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 
parties 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 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, Commerce made no 
changes to the Preliminary Results.

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) Belton (Asia) Development Ltd.; (3) Belton (Asia) Development 
Limited; (4) Changzhou Changzhen Evaporator Co., Ltd.; (5) Changzhou 
Changzheng Evaporator Co., Ltd.; (6) Changzhou Tenglong Auto Parts Co., 
Ltd.; (7) Changzhou Tenglong Auto Accessories Manufacturing Co. Ltd; 
(8) Changzhou Tenglong Auto Parts Co Ltd; (9) China Square; (10) China 
Square Industrial Co.; (11) China Square Industrial Ltd; (12) Cosco; 
(13) Cosco (JM) Aluminum Development Co. Ltd; (14) Dynamic Technologies 
China; (15) ETLA Technology (Wuxi) Co. Ltd; (16) Foshan Shanshui Fenglu 
Aluminum Co., Ltd.; (17) Global Hi- Tek Precision Co. Ltd; (18) 
Houztek; (19) Jangho Curtain Wall Hong Kong Ltd.; (20) Kromet 
International Inc.; (21) Kromet Intl Inc; (22) Kromet International; 
(23) Kunshan Giant Light Metal Technology Co., Ltd.; (24) Precision 
Metal Works Ltd.; (25) Sihui Shi Guo Yao Aluminum Co., Ltd.; and (26) 
Summit Heat Sinks Metal Co, Ltd.\10\
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    \10\ See Preliminary Results, 84 FR at 15587.
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    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\11\ 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, and Commerce did not self-initiate, 
a review of the China-wide entity in the instant review, the entity is 
not under review; therefore, the entity's current rate, i.e., 86.01 
percent,\12\ is not subject to change.
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    \11\ 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).
    \12\ 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 Tariff Act of 1930, as amended (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

[[Page 56166]]

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 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.\13\
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from 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: October 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

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

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment: Houztek's Separate Rate Eligibility
V. Recommendation

[FR Doc. 2019-22871 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-DS-P