[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29110-29113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10179]


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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: 
Initiation of Changed Circumstances Reviews

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

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating 
changed circumstances reviews (CCR) of the antidumping duty (AD) and 
countervailing duty (CVD) orders on aluminum extrusions from the 
People's Republic of China (China).

DATES: Applicable May 12, 2022.

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 the AD and CVD orders on 
aluminum extrusions from China.\1\ On March 23, 2022, 3M Company (3M) 
requested that Commerce initiate CCRs to revoke, in part, the Orders 
with respect to certain rectangular wire, pursuant to section 751(b)(l) 
of the Tariff Act of 1930, as amended (the Act).\2\ 3M requested that 
Commerce exercise its discretion to extend the effective date back by 
one additional day, setting an effective date of the revocation of the 
Orders to entries entered on or after April 30, 2021. Additionally, 3M 
requested that Commerce expedite the reviews by combining the notice of 
initiation of the CCRs and the preliminary results of the reviews 
pursuant to 19 CFR 351.221(c)(3)(ii). 3M stated that it is a U.S. 
importer of certain rectangular wire and, as such, is an interested 
party pursuant to Section 771(9)(A) of the Act.
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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 3M's Letter, ``Aluminum Extrusions from the People's 
Republic of China: Changed Circumstances Review Request,'' dated 
March 23, 2022 (CCR Request).
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    On April 13, 2022, the Aluminum Extrusions Fair Trade Committee 
(the petitioner) submitted comments in support of partially revoking 
the Orders with regard to the certain rectangular wire defined in the 
CCR Request.\3\ The petitioner submitted data demonstrating that it 
represents ``substantially all'' of the production of the domestic like 
product.\4\ The petitioner also supported 3M's request that the partial 
revocation of the Orders with respect to the certain rectangular wire 
defined in the CCR Request include unliquidated entries of the certain 
rectangular wire that was entered on or after April 30, 2021.\5\ 
Additionally, the petitioner supported

[[Page 29111]]

3M's request that Commerce expedite these reviews by combining the 
notice of initiation of the CCRs and the preliminary results of the 
reviews.\6\
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    \3\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Letter in Support of 3M Changed 
Circumstances Review Request,'' dated April 13, 2022.
    \4\ Id. at 2-3.
    \5\ Id. at 3.
    \6\ Id.
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Scope of the Orders

    The merchandise covered by these Orders is aluminum extrusions from 
China. For a complete description of the scope of the Orders, see the 
appendix to this notice.

Proposed Revocation of the Orders, in Part

    3M requested that the Orders be revoked, in part, with respect to 
certain rectangular wire. 3M proposed that Commerce amend the scope 
language by adding the following language: ``Also excluded from the 
scope of the orders is certain extruded rectangular wire, with or 
without rounded edges, imported in bulk rolls or precut strips. The 
product is made from aluminum alloy grade 1070 or 1370. The dimensions 
of the wire are 3 mm (+/- 0.05 mm) to 6 mm (+/- 0.05 mm) in width and 
0.7 mm (+/- 0.05 mm) to 1.2 mm (+/- 0.05 mm) in thickness. Imports of 
rectangular wire are provided for under HTSUS category 7604.29.1090 or 
7616.99.5190.'' \7\
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    \7\ See CCR Request at 6.
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Initiation of CCR

    Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216(d), 
Commerce will conduct a CCR of an AD or CVD order when it receives 
information which shows changed circumstances sufficient to warrant 
such a review. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) 
provide that Commerce may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have no further interest in the 
order, in whole or in part. In the event Commerce determines that 
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits 
Commerce to combine the notices of initiation and preliminary results.
    We have determined that it is not appropriate to combine this 
notice of initiation with notice of preliminary results. Specifically, 
prior to issuing our preliminary results, we are providing interested 
parties an opportunity to address the language of the proposed partial 
revocation of the Orders. On January 6, 2014, Commerce revoked the 
Orders, in part, with regard to a similar product, and added the 
following language to the scope of the Orders:
    ``Also excluded from the scope of the order is certain rectangular 
wire produced from continuously cast rolled aluminum wire rod, which is 
subsequently extruded to dimension to form rectangular wire. The 
product is made from aluminum alloy grade 1070 or 1370, with no 
recycled metal content allowed. The dimensions of the wire are 5 mm (+/
- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in thickness. Imports of 
rectangular wire are provided for under HTSUS category 7605.19.000.'' 
\8\ This partial revocation was also based on a request from 3M. While 
there is a certain overlap of the language of the 2014 Revocation in 
Part and the certain rectangular wire defined in the current CCR 
Request, there are also certain inconsistencies between the language of 
the 2014 Revocation in Part and the certain rectangular wire defined in 
the current CCR Request. Because of these two factors, we find that 
there exists a high likelihood of difficulty in enforcing the scope of 
the Orders, along with the burden of potential scope inquiries, without 
a synthesis of the two sets of language. Consequently, we find that 
expedited action is not warranted in this instance, and we issue this 
notice of initiation without issuing concurrent preliminary results.
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    \8\ See Aluminum Extrusions from the People's Republic of China: 
Final Results of Changed Circumstances Reviews; Partial Revocation 
of Antidumping and Countervailing Duty Orders, 79 FR 634 (January 6, 
2014) (2014 Revocation in Part).
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    Based on the petitioner's affirmative statement of no interest in 
the Orders with respect to certain rectangular wire, and because more 
than 24 months have passed since the publication of the Final 
Determinations,\9\ we find that the conditions warrant initiation of 
these CCRs.\10\
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    \9\ See 19 CFR 351.216(c); see also Certain Hardwood Plywood 
Products from the People's Republic of China: Final Determination of 
Sales at Less Than Fair Value, and Final Affirmative Determination 
of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017); 
and Countervailing Duty Investigation of Certain Hardwood Plywood 
Products from the People's Republic of China: Final Affirmative 
Determination, and Final Affirmative Critical Circumstances 
Determination, in Part, 82 FR 53473 (November 16, 2017) 
(collectively, Final Determinations).
    \10\ See, e.g., Certain Cold-Rolled Steel Flat Products from 
Japan: Initiation and Preliminary Results of Changed Circumstances 
Review, and Intent to Revoke Order in Part, 82 FR 821 (January 4, 
2017) (finding that the ``{p{time} etitioners' affirmative statement 
of no interest in the order . . . constitutes good cause for the 
conduct of this review'').
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Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these CCRs, including comments on the synthesis 
of the language of the of the 2014 Revocation in Part with the certain 
rectangular wire defined in the current CCR Request, and the setting of 
an effective date of the revocation of the Orders to entries entered on 
or after April 30, 2021. Comments and factual information may be 
submitted to Commerce no later than ten days after the date of 
publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with Commerce no later than seven days after 
the comments and/or factual information are filed.\11\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information until 
further notice.\12\ All submissions must be filed electronically using 
the Enforcement and Compliance's AD and CVD Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. An electronically-filed document must be 
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern 
Time on the due date set forth in this notice.
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    \11\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2). See Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19; Extension of Effective Period, 
85 FR 41363 (July 10, 2020) (Temporary Rule).
    \12\ See Temporary Rule.
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Preliminary and Final Results of the Reviews

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of these AD and CVD CCRs in accordance with 19 CFR 
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's 
preliminary factual and legal conclusions. Commerce will issue its 
final results of these CCRs in accordance with the time limits set 
forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This notice is published in accordance with section 751(b)(1) of 
the Act, and 19 CFR 351.221(b)(1).

    Dated: May 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Scope of the Orders

    The merchandise covered by the Orders 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

[[Page 29112]]

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 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 Orders 
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 these Orders 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.
    Also excluded from the scope of the Orders is certain 
rectangular wire produced from continuously cast rolled aluminum 
wire rod, which is subsequently extruded to dimension to form 
rectangular wire. The product is made from aluminum alloy grade 1070 
or 1370, with no recycled metal content allowed. The dimensions of 
the wire are 5 mm (+/- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in 
thickness. Imports of rectangular wire are provided for under HTSUS 
category 7605.19.000.
    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (HTSUS): 6603.90.81.00, 7604.21.00.00, 7604.21.00.10, 
7604.21.00.90, 7604.29.10.00, 7604.29.10.10, 7604.29.10.90, 
7604.29.30.10, 7604.29.30.50, 7604.29.30.60, 7604.29.30.90, 
7604.29.50.30, 7604.29.50.60, 7604.29.50.50, 7604.29.50.90, 
7606.12.30.91, 7606.12.30.96, 7608.20.00.30, 7608.20.00.90, 
7609.00.00, 7610.10.00, 7610.90.00, 7615.10.20.15, 7615.10.20.25, 
7615.10.30, 7615.10.30.15, 7615.10.30.25, 7615.10.50.20, 
7615.10.50.40, 7615.10.71, 7615.10.71.25, 7615.10.71.30, 
7615.10.71.55, 7615.10.71.80, 7615.10.91, 7615.10.91.00, 7615.19.10, 
7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 
7615.20.00.00, 7616.10.90.90, 7616.99.10, 7616.99.50, 7616.99.51, 
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, 8424.90.90.80, 8473.30.20.00, 
8473.30.51.00, 8479.89.94, 8479.89.98, 8479.90.85.00, 8479.90.94, 
8481.90.90.60, 8481.90.90.85, 8486.90.00.00, 8487.90.00.80, 
8503.00.95.20, 8508.70.00.00, 8513.90.20, 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, 8541.90.00.00, 
8543.90.88.80, 8543.90.88.85, 8708.10.30.50, 8708.29.50.60, 
8708.29.51.60, 8708.80.65.90, 8708.99.68.90, 8803.30.00.60, 
9013.90.50.00, 9013.90.90.00, 9031.90.90.95, 9031.90.91.95, 
9401.90.50.81, 9401.99.90.81, 9403.10.00, 9403.20.00, 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, 9403.99.10.40, 9403.99.90.10, 
9403.99.90.15, 9403.99.90.20, 9403.99.90.41, 9405.99.40.20, 
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, 
9507.30.80.00, 9507.90.60.00, and 9603.90.80.50.

[[Page 29113]]

    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 these 
Orders is dispositive.

[FR Doc. 2022-10179 Filed 5-11-22; 8:45 am]
BILLING CODE 3510-DS-P