[Federal Register Volume 87, Number 128 (Wednesday, July 6, 2022)]
[Notices]
[Pages 40179-40182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14299]


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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 
Results of Changed Circumstances Reviews, and Revocation, in Part, of 
the Antidumping and Countervailing Duty Orders

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

SUMMARY: The U.S Department of Commerce (Commerce) is revoking, in 
part, the antidumping duty (AD) and countervailing duty (CVD) orders on 
aluminum extrusions from the People's Republic of China (China) with 
respect to certain rectangular wire.

DATES: Applicable July 6, 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\
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (AD Order); and 
Aluminum Extrusions from the People's Republic of China: 
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (CVD Order) 
(collectively, Orders).
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    On January 6, 2014, Commerce issued the final results of changed 
circumstances reviews (CCR), in which it revoked the Orders, in part, 
based on a request from 3M Company (3M) 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.\2\
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    \2\ 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).

    On March 23, 2022, 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).\3\ 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. 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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    \3\ 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.\4\ The petitioner submitted data demonstrating that it 
represents ``substantially all'' of the production of the domestic like 
product.\5\ 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.\6\
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    \4\ 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 (Petitioner's 
Support Letter).
    \5\ Id. at 2-3.
    \6\ Id. at 3.
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    On May 12, 2022, we published the initiation of the requested 
CCRs.\7\ In the Initiation Notice, we invited interested parties to 
provide comments and/or factual information regarding these CCRs, 
including comments on the harmonization 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 
partial revocation of the Orders to entries entered on or after April 
30, 2021.
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    \7\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Changed Circumstances Reviews, 87 FR 29110 (May 12, 
2022) (Initiation Notice).
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    On May 19, 2022, 3M submitted comments \8\ on the Initiation 
Notice, in which 3M provided revised language to harmonize the language 
of the products that are the subject of these CCRs with the language 
that Commerce adopted in the 2014 Revocation in Part to yield a single 
exclusion on rectangular wire, as follows:
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    \8\ See 3M's Letter, ``Aluminum Extrusions from the People's 
Republic of China: Comments of 3M Regarding Changed Circumstances 
Review on Certain Rectangular Wire,'' dated May 19, 2022 (3M 
Comments).

    Also excluded from the scope of the orders is certain 
rectangular wire, imported in bulk rolls or precut strips and 
produced from continuously cast rolled aluminum wire rod, which is 
subsequently extruded to dimension to form rectangular wire with or 
without rounded edges. The product is made from aluminum alloy grade 
1070 or 1370, with no recycled metal content allowed. The dimensions 
of the wire are 2.95 mm to 6.05 mm in width, and 0.65 mm to 1.25 mm 
in thickness. Imports of rectangular wire are provided for under 
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HTSUS categories 7605.19.000, 7604.29.1090, or 7616.99.5190.

    3M continued to request that Commerce set an effective date of the 
partial revocation of the AD Order to entries entered on or after April 
30, 2021 (which had already been supported by the petitioner \9\). On 
May 20, 2022, the petitioner submitted comments \10\ in which it agreed 
with the harmonization of the language from the 2014 Revocation in Part 
with the language proposed by 3M in the CCR

[[Page 40180]]

Request to create a single, revised exclusion regarding certain 
rectangular wire using the language cited above in the 3M Comments. No 
other party commented on the Initiation Notice.
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    \9\ See Petitioner's Support Letter at 3.
    \10\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Letter in Support of 3M Changed 
Circumstances Review,'' dated May 20, 2022.
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    On June 17, 2022, Commerce published in the Federal Register the 
notice of the preliminary results of these CCRs and its intent to 
revoke the Orders, pursuant to section 751(b)(1) of the Act and 19 CFR 
351.216(b), with respect to certain rectangular wire.\11\ We invited 
interested parties to comment on the Preliminary Results. We received 
no comments.
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    \11\ See Aluminum Extrusions from the People's Republic of 
China: Preliminary Results of Changed Circumstances Reviews, 87 FR 
36461 (June 17, 2022) (Preliminary Results).
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Final Results of Changed Circumstances Reviews and Intent To Revoke the 
Orders, In Part

    Because no party submitted comments opposing the Preliminary 
Results, and the record contains no other information or evidence that 
calls into question the Preliminary Results, Commerce determines, 
pursuant to sections 751(d)(1) and 782(h) of the Act, and 19 CFR 
351.222(g), that there are changed circumstances which warrant 
revocation of the Orders, in part. Specifically, because the producers 
accounting for substantially all of the production of the domestic like 
product to which the Orders pertain have not expressed interest in 
maintaining the relief provided by the Orders with respect to certain 
rectangular wire, as described below,\12\ Commerce is revoking the 
Orders, in part, with respect to the certain rectangular wire; to 
effect this revocation, in part, Commerce will henceforth include the 
following language in the scope of the Orders:
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    \12\ See Petitioner's Support Letter at 1-2 and Exhibit 1.

    Also excluded from the scope of the Orders is certain 
rectangular wire, imported in bulk rolls or precut strips and 
produced from continuously cast rolled aluminum wire rod, which is 
subsequently extruded to dimension to form rectangular wire with or 
without rounded edges. The product is made from aluminum alloy grade 
1070 or 1370, with no recycled metal content allowed. The dimensions 
of the wire are 2.95 mm to 6.05 mm in width, and 0.65 mm to 1.25 mm 
in thickness. Imports of rectangular wire are provided for under 
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HTSUS categories 7605.19.000, 7604.29.1090, or 7616.99.5190.

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 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''

[[Page 40181]]

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, imported in bulk rolls or precut strips and produced from 
continuously cast rolled aluminum wire rod, which is subsequently 
extruded to dimension to form rectangular wire with or without rounded 
edges. The product is made from aluminum alloy grade 1070 or 1370, with 
no recycled metal content allowed. The dimensions of the wire are 2.95 
mm to 6.05 mm in width, and 0.65 mm to 1.25 mm in thickness. Imports of 
rectangular wire are provided for under HTSUS categories 7605.19.000, 
7604.29.1090, or 7616.99.5190.
    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.
    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.

Application of the Final Results of Reviews

    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 AD Order to entries entered on or after April 30, 
2021.\13\ The petitioner 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.\14\ We 
determined in the Preliminary Results that the effective date of the 
revocation of the AD Order will apply to entries entered on or after 
April 30, 2021, because setting the proposed effective date as the last 
day of the most-recently-completed period of review (POR) aids 
materially in the orderly administration of the Orders in that it 
permits: (a) liquidation of entries for the 2020-2021 POR exactly 
concurrent with that POR; and (b) the refund of cash deposits for 
entries in the 2021-2022 POR exactly concurrent with this POR.\15\ For 
these final results, we continue to determine that the effective date 
of the revocation of the AD Order will apply to entries entered on or 
after April 30, 2021.
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    \13\ See CCR Request at 1.
    \14\ Id. at 3.
    \15\ See Preliminary Results, 87 FR at 36463.
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    Section 751(d)(3) of the Act provides that ``{a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of the subject merchandise which 
are entered, or withdrawn from warehouse, for consumption on or after

[[Page 40182]]

the date determined by the administering authority.'' Commerce's 
general practice is to instruct U.S. Customs and Border Protection 
(CBP) to liquidate without regard to ADs and CVDs, and to refund any 
estimated ADs and CVDs on, all unliquidated entries of the merchandise 
covered by a revocation that are not covered by the final results of an 
administrative review or automatic liquidation.\16\ Consistent with 
this practice, we are applying the final results of these CCRs to all 
unliquidated entries of the merchandise covered by the revocations 
which have been entered, or withdrawn from warehouse, for consumption 
on or after January 1, 2021, for the CVD Order.
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    \16\ See, e.g., Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled Into Modules, from the People's Republic of China: 
Final Results of Changed Circumstances Reviews, and Revocation of 
the Antidumping and Countervailing Duty Orders, in Part, 86 FR 71615 
(December 17, 2021); see also Certain Pasta from Italy: Final 
Results of Countervailing Duty Changed Circumstances Review and 
Revocation, In Part, 76 FR 27634 (May 12, 2011); and Stainless Steel 
Bar from the United Kingdom: Notice of Final Results of Changed 
Circumstances Review and Revocation of Order, in Part, 72 FR 65706 
(November 23, 2007).
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Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct CBP to 
liquidate without regard to ADs and CVDs, and to refund any estimated 
ADs and CVDs on, all unliquidated entries of the merchandise covered by 
this partial revocation on or after April 30, 2021, for purposes of the 
AD Order, and January 1, 2021, for purposes of the CVD Order.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the instructions will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired (i.e., within 90 days of publication).

Administrative Protective Order

    This notice serves as a 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). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    These final results of CCRs and this notice are published in 
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: June 27, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2022-14299 Filed 7-5-22; 8:45 am]
BILLING CODE 3510-DS-P