[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 298-299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28389]


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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: Notice 
of Court Decision Not in Harmony With Final Determination and Notice of 
Amended Final Determination of Circumvention Pursuant to Court Decision

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

SUMMARY: On December 18, 2019, the United States Court of International 
Trade (the Court) issued final judgment in Tai-Ao Aluminum (Taishan) 
Co., Ltd. et al. v. United States, Consol. Court No. 17-00216, Slip Op. 
19-164 (CIT December 18, 2019), sustaining the Department of Commerce's 
(Commerce) remand results for the anti-circumvention determination of 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
aluminum extrusions from the People's Republic of China (China). 
Commerce is notifying the public that the Court has made a final 
judgment that is not in harmony with Commerce's final circumvention 
determination, and that Commerce is amending the final circumvention 
determination with respect to certain importers.

DATES: December 28, 2019.

FOR FURTHER INFORMATION CONTACT: Heather Lui 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) 482-0016 or (202) 482-0167, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    Commerce published the Final Circumvention Determination on July 
26, 2017, finding that certain extruded aluminum products that meet the 
chemical specifications for 5050-grade aluminum alloy, which are heat-
treated, are circumventing the AD and CVD orders \1\ on aluminum 
extrusions from China.\2\ Tai-Ao Aluminum (Taishan) Co., Ltd. and TAAL 
America Ltd. (collectively, Tai-Ao) and Regal Ideas Inc. (Regal) filed 
an action before the Court to challenge Commerce's Final Circumvention 
Determination.
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    \1\ 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, Orders).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Affirmative Final Determination of Circumvention of the Antidumping 
and Countervailing Duty Orders and Rescission of Minor Alterations 
Anti-Circumvention Inquiry, 82 FR 34630 (July 26, 2017) (Final 
Circumvention Determination) and accompanying Issues and Decision 
Memorandum.
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    On June 7, 2019, the Court affirmed Commerce's determination that 
heat-treated extruded aluminum products from China that meet the 
chemical specifications for 5050-grade aluminum alloy, regardless of 
producer, exporter, or importer, are circumventing the Orders under 
section 781(d) of the Tariff Act of 1930, as amended (the Act) as 
later-developed merchandise.\3\ However, the Court found that

[[Page 299]]

Commerce erred in retroactively applying the determination to the date 
of the Initiation Notice,\4\ rather than the date of the Preliminary 
Determination,\5\ with respect to Tai-Ao and Regal, and remanded the 
issue to Commerce ``to reformulate its liquidation instructions 
consistent with this opinion {.{time} '' \6\
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    \3\ See Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United 
States, Court No. 17-00216, Slip Op. 19-70 (CIT June 7, 2019) 
(Remand Order).
    \4\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21, 
2016) (Initiation Notice).
    \5\ See Aluminum Extrusions from the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders and Intent To Rescind 
Minor Alterations Anti- Circumvention Inquiry, 81 FR 79444 (November 
14, 2016) (Preliminary Determination) and accompanying Preliminary 
Decision Memorandum.
    \6\ See Remand Order.
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    Commerce issued its Results of Redetermination on July 22, 2019, in 
which it stated its intent to instruct U.S. Customs and Border 
Protection (CBP) that entries of extruded aluminum products that meet 
the chemical specifications for 5050 grade aluminum alloy and are heat-
treated, are outside the scope of the Orders if they: (1) Were the 
subject of Commerce's Final Circumvention Determination; (2) were 
exported from China by Tai-Ao Aluminum (Taishan) Co., Ltd. and/or 
imported into the United States by TAAL America Ltd.; (3) were entered, 
or withdrawn from warehouse, for consumption during the period March 
21, 2016 through November 13, 2016; and (4) remain unliquidated as of 
September 15, 2017.\7\ Commerce included draft instructions to CBP 
related to Tai-Ao in its Results of Redetermination and stated its 
intent to issue those instructions: (1) Should the Court issue a final 
decision in which it affirms Commerce's final remand redetermination; 
and (2) after Commerce has issued its ``Notice of Court Decision Not in 
Harmony With Final Determination of Circumvention and Notice of Amended 
Final Determination of Circumvention Pursuant to Court Decision.'' \8\ 
With respect to Regal, Commerce stated in its Results of 
Redetermination that there are no applicable entries which have been 
imported by Regal during the period March 21, 2016 through November 13, 
2016. Accordingly, Commerce did not prepare instructions with respect 
to Regal.\9\
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    \7\ See Final Results of Redetermination Pursuant to Court 
Remand, Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United States, 
Court No. 17-00216, Slip Op. 19-70 (CIT June 7, 2019), dated July 
22, 2019 (Results of Redetermination).
    \8\ Id.
    \9\ Id.
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    On December 18, 2019, the Court sustained Commerce's Results of 
Redetermination, and entered final judgment.\10\
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    \10\ See Tai-Ao Aluminum (Taishan) Co., Ltd. et al. v. United 
States, Court No. 17-00216, Slip Op. 19-164 (CIT Dec. 18, 2019).
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Timken Notice

    In its decision in Timken,\11\ as clarified by Diamond 
Sawblades,\12\ the United States Court of Appeals for the Federal 
Circuit (CAFC) held that, pursuant to section 516A(e) of the Act, 
Commerce must publish a notice of a court decision that is not ``in 
harmony'' with a Commerce determination and must suspend liquidation of 
entries pending a ``conclusive'' court decision. The Court's December 
18, 2019 judgment sustaining Commerce's Results of Redetermination 
constitutes a final decision of the Court that is not in harmony with 
Commerce's Final Circumvention Determination. This notice is published 
in fulfillment of the publication requirement of Timken.
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    \11\ See Timken Co., v. United States, 893 F.2d 337, 341 (Fed. 
Cir. 1990) (Timken).
    \12\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination of Circumvention

    Commerce will continue the suspension of liquidation of the subject 
merchandise pending the expiration of the period of appeal or, if 
appealed, pending a final and conclusive court decision. In the event 
the Court's ruling is not appealed or, if appealed, upheld by the CAFC, 
Commerce will instruct CBP that entries of extruded aluminum products 
that meet the chemical specifications for 5050 grade aluminum alloy and 
are heat-treated, are outside the scope of the Orders if they: (1) Were 
the subject of Commerce's Final Circumvention Determination; (2) were 
exported from China by Tai-Ao Aluminum (Taishan) Co., Ltd. and/or 
imported into the United States by TAAL America Ltd.; (3) were entered, 
or withdrawn from warehouse, for consumption during the period March 
21, 2016 through November 13, 2016; and (4) remain unliquidated as of 
September 15, 2017.
    This notice is issued and published in accordance with sections 
516(A)(e), 781(d), and 777(i)(1) of the Act.

    Dated: December 27, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-28389 Filed 1-2-20; 8:45 am]
 BILLING CODE 3510-DS-P