[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66128-66130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23810]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: 
Continuation of Antidumping Duty Order and Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on aluminum extrusions from the People's Republic of China 
(China), would likely lead to a continuation or recurrence of dumping, 
net countervailable subsidies, and material injury to an industry in 
the United States, Commerce is publishing a notice of continuation of 
the AD and CVD orders.

DATES: Applicable November 2, 2022.

FOR FURTHER INFORMATION CONTACT: Carolyn Adie (AD) or Frank Schmitt 
(CVD), 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) 482-6250 
or (202) 482-4880, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On May 26, 2011, Commerce published the AD Order and the CVD Order 
on aluminum extrusions from China (collectively, the Orders).\1\ On 
March 1, 2022, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act), Commerce published the initiation of the second 
sunset reviews of the Orders and the ITC instituted its review of the 
Orders.\2\ As a result of its reviews, Commerce determined that 
revocation of the AD Order would likely lead to a continuation or 
recurrence of dumping and that revocation of the CVD Order would likely 
lead to the continuation or recurrence of countervailable subsidies. 
Commerce, therefore, notified the ITC of the magnitude of the margins 
and net countervailable subsidy rates likely to prevail should the 
Orders be revoked.\3\
---------------------------------------------------------------------------

    \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).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416 
(March 1, 2022); and Aluminum Extrusions from China; Institution of 
Five-Year Reviews, 87 FR 11470 (March 1, 2022).
    \3\ See Aluminum Extrusions from the People's Republic of China: 
Final Results of the Expedited Second Sunset Review of the 
Antidumping Duty Order, 87 FR 40509 (July 7, 2022), and accompanying 
Issues and Decision Memorandum (IDM); see also Aluminum Extrusions 
from the People's Republic of China: Final Results of the Expedited 
Second Sunset Review of the Countervailing Duty Order; 87 FR 40501 
(July 7, 2022), and accompanying IDM.
---------------------------------------------------------------------------

    On October 21, 2022, the ITC published its determination, pursuant 
to section 751(c) of the Act, that revocation of the Orders would 
likely lead to a continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------

    \4\ See USITC Publication 5375 (October 2022), and Aluminum 
Extrusions from China, 87 FR 64113 (October 21, 2022).
---------------------------------------------------------------------------

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,

[[Page 66129]]

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,

[[Page 66130]]

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 the Orders is 
dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or 
recurrence of dumping, countervailable subsidies, and material injury 
to an industry in the United States, pursuant to section 751(d)(2) of 
the Act, Commerce hereby orders the continuation of the Orders on 
aluminum extrusions from China. U.S. Customs and Border Protection will 
continue to collect AD and CVD cash deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year (sunset) reviews of the Orders 
not later than 30 days prior to the fifth anniversary of the effective 
date of continuation.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    These five-year sunset reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-23810 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-DS-P