[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74421-74430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23962]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-158, A-301-806, A-247-004, A-331-804, A-533-920, A-560-840, A-
475-846, A-580-918, A-557-826, A-201-860, A-583-874, A-549-847, A-489-
850, A-520-810, A-552-837]


Aluminum Extrusions From the People's Republic of China, 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, the 
Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the Republic of 
Turkey, the United Arab Emirates, and the Socialist Republic of 
Vietnam: Initiation of Less-Than-Fair-Value Investigations

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


DATES: Applicable October 24, 2023.

FOR FURTHER INFORMATION CONTACT: Jonathan Hill (the People's Republic 
of China (China)) at (202) 482-3518; Jose Rivera (Colombia) at (202) 
482-0842; Stefan Smith (the Dominican Republic) at (202) 482-4342; 
Reginald Anadio (Ecuador) at (202) 482-3166; Alex Cipolla (India) at 
(202) 482-4956; Jonathan Hall-Eastman (Indonesia) at (202) 482-1468; 
Christopher Maciuba (the Republic of Korea (Korea)) at (202) 482-0413; 
Eric Hawkins (Italy) at (202) 482-1988; Benjamin Blythe (Malaysia) at 
(202) 482-3457; Tyler Weinhold (Mexico) at (202) 482-1121; Hermes

[[Page 74422]]

Pinilla (Taiwan) at (202) 482-3477; Jun Jack Zhao (Thailand) at (202) 
482-1396; Sean Grossnickle (the Republic of Turkey (Turkey)) at (202) 
482-3818; John K. Drury (the United Arab Emirates (UAE)) at (202) 482-
0195; and Katherine Smith (the Socialist Republic of Vietnam (Vietnam)) 
at (202) 482-0557, AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On October 4, 2023, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of aluminum 
extrusions from China, Colombia, the Dominican Republic, Ecuador, 
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, 
Turkey, the UAE, and Vietnam filed in proper form on behalf of the U.S. 
Aluminum Extruders Coalition \1\ and the United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union (USW), a coalition of domestic producers of 
aluminum extrusions and a certified union, which represents workers 
engaged in the production of aluminum extrusions in the United States 
(collectively, the petitioners).\2\ These AD Petitions were accompanied 
by countervailing duty (CVD) petitions concerning imports of aluminum 
extrusions from China, India, Mexico, and Turkey.\3\
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    \1\ The members of the U.S. Aluminum Extruders Coalition are 
Alexandria Extrusion Company; APEL Extrusions Inc.; Bonnell 
Aluminum; Brazeway; Custom Aluminum Products; Extrudex Aluminum; 
International Extrusions; Jordan Aluminum Company; M-D Building 
Products, Inc.; Merit Aluminum; MI Metals; Pennex Aluminum; Tower 
Extrusions; and Western Extrusions.
    \2\ See Petitioners' Letter, ``Aluminum Extrusions from 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, 
Malaysia, Mexico, the People's Republic of China, South Korea, 
Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam: 
Petitions for the Imposition of Antidumping and Countervailing 
Duties,'' dated October 4, 2023 (the Petitions).
    \3\ Id.
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    Between October 6 and 20, 2023, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in separate 
supplemental questionnaires.\4\ The petitioners filed responses to the 
supplemental questionnaires between October 12 and 23, 2023.\5\
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    \4\ See Commerce's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties on Imports of Aluminum 
Extrusions from the People's Republic of China, Colombia, Ecuador, 
the Dominican Republic, India, Indonesia, Italy, the Republic of 
Korea, Malaysia, Mexico, Taiwan, Thailand, the Republic of Turkey, 
the United Arab Emirates, and the Socialist Republic of Vietnam: 
Supplemental Questions,'' dated October 6, 2023; ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Aluminum Extrusions from the People's Republic of China, Colombia, 
Ecuador, the Dominican Republic, India, Indonesia, Italy, the 
Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the Republic 
of Turkey, the United Arab Emirates, and the Socialist Republic of 
Vietnam: Supplemental Questions,'' dated October 10, 2023 (First 
Scope Questionnaire); Country-Specific Supplemental Questionnaires: 
China Supplemental, Colombia Supplemental, Dominican Republic 
Supplemental, Ecuador Supplemental; India Supplemental, Indonesia 
Supplemental, Italy Supplemental; Korea Supplemental; Malaysia 
Supplemental, Mexico Supplemental, Taiwan Supplemental, Thailand 
Supplemental, Turkey Supplemental, UAE Supplemental, and Vietnam 
Supplemental, dated October 10 and 11, 2023; Country-Specific 
Supplemental Questionnaires: Second Indonesia Supplemental and 
Second Vietnam Supplemental, dated October 12, 2023; and ``Petitions 
for the Imposition of Antidumping and Countervailing Duties on 
Imports of Aluminum Extrusions from the People's Republic of China, 
Colombia, Ecuador, the Dominican Republic, India, Indonesia, Italy, 
the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the 
Republic of Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam: Second Scope Supplemental Questionnaire,'' 
dated October 18, 2023 (Second Scope Questionnaire); Country-
Specific Supplemental Questionnaire: Second Malaysia Supplemental, 
dated October 19, 2023; and Country-Specific Supplemental 
Questionnaire: Second Ecuador Supplemental, dated October 20, 2023; 
see also Memorandum, ``Phone Call with Counsel to the Petitioners,'' 
dated October 11, 2023 (October 11 Memorandum); and Memorandum, 
``Phone Call with Counsel to the Petitioners,'' dated October 19, 
2023 (October 19 Memorandum).
    \5\ See Petitioner's Letters, ``Aluminum Extrusions from the 
People's Republic of China, Colombia, the Dominican Republic, 
Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the Republic of 
Korea, Taiwan, Thailand, the Republic of Turkey, the United Arab 
Emirates, and the Socialist Republic of Vietnam: Response to First 
Supplemental Questions Regarding Common Issues and Injury Petition 
Volume I of the Petition,'' dated October 11, 2023 (General Issues 
Supplement); ``Aluminum Extrusions from the People's Republic of 
China, Colombia, the Dominican Republic, Ecuador, India, Indonesia, 
Italy, Malaysia, Mexico, the Republic of Korea, Taiwan, Thailand, 
the Republic of Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam: Response to First Supplemental Scope Questions 
Regarding Common Issues and Injury Petition Volume I of the 
Petition,'' dated October 13, 2023 (First Scope Supplement); 
Country-Specific Supplemental Responses, dated October 12, 13, and 
16, 2023; Second Mexico and Turkey Supplemental Responses, dated 
October 16, 2023; ``Aluminum Extrusions from the People's Republic 
of China, Colombia, the Dominican Republic, Ecuador, India, 
Indonesia, Italy, Malaysia, Mexico, the Republic of Korea, Taiwan, 
Thailand, the Republic of Turkey, the United Arab Emirates, and the 
Socialist Republic of Vietnam: Response to Second Supplemental Scope 
Questions Regarding Common Issues and Injury Petition Volume I of 
the Petition, '' dated October 20, 2023 (Second Scope Supplement); 
``Aluminum Extrusions from Malaysia: Response to Second Supplemental 
Questions Regarding Malaysia Antidumping Duty Volume VII of the 
Petition,'' dated October 20, 2023; and ``Aluminum Extrusions from 
Ecuador: Response to Second Supplemental Questions Regarding Ecuador 
Antidumping Duty Volume IV of the Petition,'' dated October 23, 
2023.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioners allege that imports of aluminum 
extrusions from China, Colombia, the Dominican Republic, Ecuador, 
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, 
Turkey, the UAE, and Vietnam are being, or are likely to be, sold in 
the United States at less than fair value (LTFV) within the meaning of 
section 731 of the Act, and that imports of such products are 
materially injuring, or threatening material injury to, the aluminum 
extrusions industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions are accompanied by information 
reasonably available to the petitioners supporting their allegations.
    Commerce finds that the petitioners filed the Petitions on behalf 
of the domestic industry, because the petitioners are interested 
parties, as defined in sections 771(9)(D) and (E) of the Act.\6\ 
Commerce also finds that the petitioners demonstrated sufficient 
industry support for the initiation of the requested LTFV 
investigations.\7\
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    \6\ See Petitions at Volume I (page 2). The U.S. Aluminum 
Extruders Coalition is an interested party under section 771(9)(E) 
of the Act, while the USW is an interested party under section 
771(9)(D) of the Act.
    \7\ See, infra, section on ``Determination of Industry Support 
for the Petitions.''
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Periods of Investigation

    Because the Petitions were filed on October 4, 2023, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) for the Colombia, 
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia, 
Mexico, Taiwan, Thailand, Turkey, and the UAE AD investigations is 
October 1, 2022, through September 30, 2023. Because China and Vietnam 
are non-market economy (NME) countries, pursuant to 19 CFR 
351.204(b)(1), the POI for the China and Vietnam AD investigations is 
April 1, 2023, through September 30, 2023.

Scope of the Investigations

    The products covered by these investigations are aluminum 
extrusions from China, Colombia, the Dominican Republic, Ecuador, 
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, 
Turkey, the UAE, and Vietnam. For a full description of the scope of 
these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On October 10, 11, 18, and 19, 2023, Commerce requested information 
and

[[Page 74423]]

clarification from the petitioners regarding the proposed scope to 
ensure that the scope language in the Petitions is an accurate 
reflection of the products for which the domestic industry is seeking 
relief.\8\ On October 13 and 20, 2023, the petitioners provided 
clarifications and revised the scope of these investigations.\9\ The 
description of merchandise covered by these investigations, as 
described in the appendix to this notice, reflects these 
clarifications.
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    \8\ See First Scope Questionnaire; see also October 11 
Memorandum; Second Scope Questionnaire; and October 19 Memorandum.
    \9\ See First Scope Supplement at 1-19 and Exhibit I-Scope Supp-
1; see also Second Scope Supplement at 1-3 and Exhibits I-Second 
Scope Supp-1 and I-Second Scope Supp-2.
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    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for parties to raise issues regarding product 
coverage (i.e., scope).\10\ We have some concerns related to the 
administrability of certain provisions in the proposed scope. For 
example, we find the definition of subassemblies (included) and 
imported merchandise that is not a part or subassembly of a larger 
product or system (excluded) remains an outstanding issue. Accordingly, 
Commerce intends to continue evaluating the scope of these 
investigations, with the possibility of making additional modifications 
to clarify further what products are covered and not covered by the 
scope of these investigations.
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    \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
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    Commerce will consider all scope comments received and, if 
necessary, will consult with interested parties prior to the issuance 
of the preliminary determinations. If scope comments include factual 
information,\11\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5 p.m. Eastern 
Time (ET) on November 13, 2023, which is 20 calendar days from the 
signature date of this notice. Any rebuttal comments, which may include 
factual information, must be filed by 5 p.m. ET on November 24, 2023, 
which is the next business day after 10 calendar days from the initial 
comment deadline.\12\
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    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ The deadline for rebuttal comments falls on November 23, 
2023, which is a federal holiday. In accordance with 19 CFR 
351.303(b)(1), Commerce will accept rebuttal comments filed by 5:00 
p.m. ET on November 24, 2023. Id. (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.'').
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    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All such 
submissions must be filed on the records of each of the concurrent AD 
and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically using 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on help using 
ACCESS can be found at https://access.trade.gov/help.aspx and a 
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of aluminum extrusions to 
be reported in response to Commerce's AD questionnaires. This 
information will be used to identify the key physical characteristics 
of the subject merchandise in order to report the relevant factors of 
production (FOP) or costs of production (COP) accurately, as well as to 
develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe aluminum extrusions, it may be that only a select few 
product characteristics take into account commercially meaningful 
physical characteristics. In addition, interested parties may comment 
on the order in which the physical characteristics should be used in 
matching products. Generally, Commerce attempts to list the most 
important physical characteristics first and the least important 
characteristics last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5 p.m. ET on November 13, 
2023, which is 20 calendar days from the signature date of this 
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on 
November 24, 2023, which is the next business day after 10 calendar 
days from the initial comment deadline.\15\ All comments and 
submissions to Commerce must be filed electronically using ACCESS, as 
explained above, on the record of each of the AD investigations.
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    \14\ See 19 CFR 351.303(b)(1).
    \15\ The deadline for rebuttal comments falls on November 23, 
2023, which is a Federal holiday. In accordance with 19 CFR 
351.303(b)(1), Commerce will accept rebuttal comments filed by 5 
p.m. ET on November 24, 2023. Id. (``For both electronically filed 
and manually filed documents, if the applicable due date falls on a 
non-business day, the Secretary will accept documents that are filed 
on the next business day.'').
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Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus,

[[Page 74424]]

to determine whether a petition has the requisite industry support, the 
statute directs Commerce to look to producers and workers who produce 
the domestic like product. The U.S. International Trade Commission 
(ITC), which is responsible for determining whether ``the domestic 
industry'' has been injured, must also determine what constitutes a 
domestic like product in order to define the industry. While both 
Commerce and the ITC must apply the same statutory definition regarding 
the domestic like product,\16\ they do so for different purposes and 
pursuant to a separate and distinct authority. In addition, Commerce's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\17\
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    \16\ See section 771(10) of the Act.
    \17\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioners do not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\18\ Based on our analysis of the information 
submitted on the record, we have determined that aluminum extrusions, 
as defined in the scope, constitute a single domestic like product, and 
we have analyzed industry support in terms of that domestic like 
product.\19\
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    \18\ See Petitions at Volume I (pages 23-28); see also General 
Issues Supplement at 1 and Exhibit I-Supp-1.
    \19\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Antidumping Duty Investigation Initiation Checklists: Aluminum 
Extrusions from the People's Republic of China, Colombia, the 
Dominican Republic, Ecuador, India, Indonesia, Italy, the Republic 
of Korea, Mexico, Malaysia, Taiwan, Thailand, the Republic of 
Turkey, the United Arab Emirates, and the Socialist Republic of 
Vietnam, dated concurrently with this notice (Country-Specific AD 
Initiation Checklists) at Attachment II, Analysis of Industry 
Support for the Antidumping and Countervailing Duty Petitions 
Covering Aluminum Extrusions from the People's Republic of China, 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, 
the Republic of Korea, Mexico, Malaysia, Taiwan, Thailand, the 
Republic of Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam (Attachment II). These Initiation Checklists are 
on file electronically via ACCESS.
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    In determining whether the petitioners have standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioners provided 
the total 2022 shipments of the domestic like product for the U.S. 
producers that support the Petitions, as well as the estimated 2022 
production of the domestic like product for the plants represented by 
the USW, and compared this to the estimated total 2022 shipments of the 
domestic like product for the entire domestic industry.\20\ The 
petitioners estimated the total 2022 shipments of the domestic like 
product for the entire U.S. industry based on information derived from 
the Aluminum Association.\21\ Because total industry production data 
for the domestic like product for 2022 are not reasonably available to 
the petitioners, and the petitioners have established that shipments 
are a reasonable proxy for production data,\22\ we have relied on the 
data provided by the petitioners for purposes of measuring industry 
support.\23\
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    \20\ See Petitions at Volume I (pages 2-6 and Exhibits I-3, I-4, 
I-23, and I-58); see also General Issues Supplement at 3-7 and 
Exhibits I-Supp-8 through I-Supp-10.
    \21\ See Petitions at Volume I (pages 3-6 and Exhibits I-4 and 
I-58); see also General Issues Supplement at 3-7 and Exhibit I-Supp-
8.
    \22\ See Petitions at Volume I (pages 3-5 and Exhibit I-4); see 
also General Issues Supplement at 4-5.
    \23\ See Petitions at Volume I (pages 2-6 and Exhibits I-1 
through I-4, I-23, and I-58); see also General Issues Supplement at 
2-7 and Exhibits I-Supp-4 through I-Supp-10. For further discussion, 
see Attachment II of the Country-Specific AD Initiation Checklists.
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    On October 17, 2023, we received timely filed comments on industry 
support from Hydro Precision Tubing USA, LLC (Hydro Precision), a U.S. 
producer of aluminum extrusions.\24\ On October 17, 2023, we also 
received timely filed comments on industry support from Ashley 
Furniture Industries, LLC and Kimball International Inc. (collectively, 
Ashley/Kimball), domestic producers of furniture.\25\ On October 19, 
2023, the petitioners responded to the comments from Hydro Precision 
and Ashley/Kimball in a timely filed rebuttal submission.\26\
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    \24\ See Hydro Precision's Letter, ``Aluminum Extrusions from 
the People's Republic of China, Colombia, the Dominican Republic, 
Ecuador, India, Indonesia, Malaysia, Mexico, the Republic of Korea, 
Taiwan, Thailand, the Republic of Turkey, the United Arab Emirates, 
and the Socialist Republic of Vietnam: Hydro Precision Tubing USA, 
LLC's Comments on the Lack of Standing of the Petitioner and Request 
for Polling of the Domestic Industry,'' dated October 17, 2023.
    \25\ See Ashley/Kimball's Letter, ``Aluminum Extrusions from the 
People's Republic of China, Colombia, the Dominican Republic, 
Ecuador, India, Indonesia, Italy, the Republic of Korea, Malaysia, 
Mexico, Taiwan, Thailand, the Republic of Turkey, the United Arab 
Emirates, and the Socialist Republic of Vietnam: Comments on 
Industry Support,'' dated October 17, 2023.
    \26\ See Petitioners' Letter, ``Aluminum Extrusions from the 
People's Republic of China, Colombia, the Dominican Republic, 
Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the Republic of 
Korea, Taiwan, Thailand, the Republic of Turkey, the United Arab 
Emirates, and the Socialist Republic of Vietnam: Response to 
Comments on Industry Support,'' dated October 19, 2023 (Petitioners' 
Standing Response).
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    Our review of the data provided in the Petitions, the General 
Issues Supplement, the Petitioners' Standing Response, and other 
information readily available to Commerce indicates that the 
petitioners have established industry support for the Petitions.\27\ 
First, the Petitions established support from domestic producers (or 
workers) accounting for more than 50 percent of the total production of 
the domestic like product and, as such, Commerce is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\28\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\29\ Finally, the domestic producers (or 
workers) have met the statutory criteria for industry support under 
section 732(c)(4)(A)(ii) of the Act because the domestic producers (or 
workers) who support the Petitions account for more than 50 percent of 
the production of the domestic like product produced by that portion of 
the industry expressing support for, or opposition to, the 
Petitions.\30\ Accordingly, Commerce determines that the Petitions were 
filed on behalf of the domestic industry within the meaning of section 
732(b)(1) of the Act.\31\
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    \27\ See Petitions at Volume I (pages 2-6 and Exhibits I-1 
through I-4, I-23, and I-58); see also General Issues Supplement at 
2-7 and Exhibits I-Supp-4 through I-Supp-10; and Petitioners' 
Standing Response at 1-23 and Exhibits 1-16. For further discussion, 
see Attachment II of the Country-Specific AD Initiation Checklists.
    \28\ See Attachment II of the Country-Specific AD Initiation 
Checklists; see also section 732(c)(4)(D) of the Act.
    \29\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \30\ Id.
    \31\ Id.

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[[Page 74425]]

Allegations and Evidence of Material Injury and Causation

    The petitioners allege that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, with regard to China, Colombia, 
the Dominican Republic, Indonesia, Mexico, Turkey, and Vietnam, the 
petitioners allege that subject imports exceed the negligibility 
threshold provided for under section 771(24)(A) of the Act.\32\ With 
regard to Ecuador, India, Korea, Malysia, Taiwan, Thailand, Italy, and 
the UAE, while the allegedly dumped imports from each of these 
countries do not individually exceed the statutory requirements for 
negligibility, the petitioners provided data demonstrating that the 
aggregate import share from these five countries is 13.65 percent, 
which exceeds the seven percent threshold established by the exception 
in section 771(24)(A)(ii) of the Act.\33\
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    \32\ See Petitions at Volume I (pages 37-38 and Exhibit I-16); 
see also General Issues Supplement at 9 and Exhibit I-Supp-11.
    \33\ See General Issues Supplement at 9 and Exhibit I-Supp-11.
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    The petitioners contend that the industry's injured condition is 
illustrated by a significant volume of subject imports; reduced market 
share; underselling and price depression and/or suppression; lost sales 
and revenues; decline in the domestic industry's production, capacity 
utilization, and U.S. shipments; declining employment variables; 
adverse impact on the domestic industry's profitability and financial 
performance; and the magnitude of the alleged dumping margins.\34\ We 
assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, causation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence, and meet the statutory requirements for 
initiation.\35\
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    \34\ See Petitions at Volume I (pages 22, 30-60 and Exhibits I-9 
through I-56); see also General Issues Supplement at 7-9 and Exhibit 
I-Supp-11.
    \35\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Aluminum Extrusions from the People's Republic of China, 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, 
the Republic of Korea, Mexico, Malaysia, Taiwan, Thailand, the 
Republic of Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam.
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Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate AD investigations of 
imports of aluminum extrusions from China, Colombia, the Dominican 
Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia, Mexico, 
Taiwan, Thailand, Turkey, the UAE, and Vietnam. The sources of data for 
the deductions and adjustments relating to U.S. price and normal value 
(NV) are discussed in greater detail in the Country-Specific AD 
Initiation Checklists.

U.S. Price

    For China, Colombia, the Dominican Republic, Ecuador, India, 
Indonesia, Korea, Mexico, Taiwan, Thailand, Turkey, and Vietnam, the 
petitioners based export price (EP) on pricing information for sales 
of, or offers for sale of, aluminum extrusions produced in and exported 
from each country.\36\ For Italy, Malaysia, and the UAE, the 
petitioners based EP on transaction-specific average unit values (AUVs) 
(i.e., a month- and port-specific AUV) derived from official import 
statistics and tied to ship manifest data. For each country, the 
petitioners made certain adjustments to U.S. price to calculate a net 
ex-factory U.S. price, where applicable.\37\
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    \36\ See Country-Specific AD Initiation Checklists.
    \37\ Id.
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Normal Value \38\
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    \38\ In accordance with section 773(b)(2) of the Act, for the 
Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, 
Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, and UAE 
investigations, Commerce will request information necessary to 
calculate the constructed value (CV) and COP to determine whether 
there are reasonable grounds to believe or suspect that sales of the 
foreign like product have been made at prices that represent less 
than the COP of the product.
---------------------------------------------------------------------------

    For the Dominican Republic, Italy, and the UAE, the petitioners 
based NV on home market prices they obtained for aluminum extrusions 
produced in and sold, or offered for sale, in each country during the 
applicable time period.\39\ The petitioners made certain adjustments to 
home market price to calculate a net ex-factory home market price, 
where appropriate.\40\
---------------------------------------------------------------------------

    \39\ See Country-Specific AD Initiation Checklists.
    \40\ Id.
---------------------------------------------------------------------------

    For Colombia, Ecuador, India, Indonesia, Korea, Malaysia, Mexico, 
Taiwan, Thailand, and Turkey, the petitioners stated that they were 
unable to obtain home market or third country pricing information for 
aluminum extrusions to use as a basis for NV.\41\ Therefore, for 
Colombia, Ecuador, India, Indonesia, Korea, Malaysia, Mexico, Taiwan, 
Thailand, and Turkey, the petitioners calculated NV based on 
constructed value (CV).\42\ For further discussion of CV, see the 
section ``Normal Value Based on Constructed Value,'' below.
---------------------------------------------------------------------------

    \41\ Id.
    \42\ Id.
---------------------------------------------------------------------------

    Commerce considers China and Vietnam to be NME countries.\43\ In 
accordance with section 771(18)(C)(i) of the Act, any determination 
that a foreign country is an NME country shall remain in effect until 
revoked by Commerce. Therefore, we continue to treat China and Vietnam 
as NME countries for purposes of the initiation of these 
investigations. Accordingly, we base NV on factors of production (FOPs) 
valued in a surrogate market economy country in accordance with section 
773(c) of the Act.
---------------------------------------------------------------------------

    \43\ See, e.g., Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value and Preliminary 
Affirmative Determination of Critical Circumstances, 88 FR 15372 
(March 13, 2023), and accompanying Preliminary Decision Memorandum 
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof 
from the People's Republic of China: Final Affirmative Determination 
of Sales at Less-Than-Fair Value and Final Affirmative Determination 
of Critical Circumstances, 88 FR 34485 (May 30, 2023); see also 
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam: 
Final Results, and Final Results of No Shipments of the Antidumping 
Duty Administrative Review; 2016-2017, 84 FR 18007 (April 29, 2019).
---------------------------------------------------------------------------

    The petitioners claims that Turkey is an appropriate surrogate 
country for China because it is a market economy that is at a level of 
economic development comparable to that of China and is a significant 
producer of comparable merchandise.\44\ The petitioners provided 
publicly available information from Turkey to value all FOPs.\45\ Based 
on the information provided by the petitioners, we believe it is 
appropriate to use Turkey as a surrogate country to value all FOPs for 
initiation purposes.
---------------------------------------------------------------------------

    \44\ See China AD Initiation Checklist.
    \45\ Id.
---------------------------------------------------------------------------

    The petitioner claims that Indonesia is an appropriate surrogate 
country for Vietnam because it is a market economy that is at a level 
of economic development comparable to that of Vietnam and is a 
significant producer of comparable merchandise.\46\ The petitioners 
provided publicly available information from Indonesia to value all 
FOPs (except selling, general, and administrative expenses (SG&A), 
overhead, financial expenses, and profit).\47\ To value SG&A, overhead, 
financial expenses, and profit, the petitioners provided financial 
statements from a producer of identical merchandise domiciled in 
another surrogate country, Egypt.\48\ Based on the

[[Page 74426]]

information provided by the petitioners, we believe it is appropriate 
to use Indonesia as a surrogate country to value all FOPs (except SG&A, 
overhead, financial expenses, and profit) and Egypt to value SG&A, 
overhead, financial expenses, and profit for initiation purposes.
---------------------------------------------------------------------------

    \46\ See Vietnam AD Initiation Checklist.
    \47\ Id.
    \48\ Id.
---------------------------------------------------------------------------

    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determinations.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Chinese and Vietnamese producers/exporters was not reasonably 
available, the petitioners used product-specific consumption rates from 
a U.S. producer of aluminum extrusions as a surrogate to value Chinese 
and Vietnamese manufacturers' FOPs.\49\ Additionally, as noted above, 
the petitioners calculated factory overhead, SG&A, and profit based on 
the experience of a Turkish and Egyptian producer of identical 
merchandise for China and Vietnam, respectively.\50\
---------------------------------------------------------------------------

    \49\ See China AD Initiation Checklist and Vietnam AD Initiation 
Checklist.
    \50\ Id. As noted above, the petitioners calculated SG&A, 
overhead, and profit using information specific to Egypt. See 
Vietnam AD Initiation Checklist.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    As noted above for Colombia, Ecuador, India, Indonesia, Korea, 
Malaysia, Mexico, Taiwan, Thailand, and Turkey, the petitioners stated 
that they were unable to obtain home market or third-country prices for 
aluminum extrusions to use as a basis for NV. Therefore, for these 
countries, the petitioners calculated NV based on CV.\51\
---------------------------------------------------------------------------

    \51\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------

    Pursuant to section 773(e) of the Act, the petitioners calculated 
CV as the sum of the cost of manufacturing, SG&A, financial expenses, 
and profit.\52\ For each of these countries, in calculating the cost of 
manufacturing, the petitioners relied on the production experience and 
input consumption rates of a U.S. producer of aluminum extrusions, 
valued using publicly available information applicable to the 
respective countries.\53\ In calculating SG&A, financial expenses, and 
profit ratios (where applicable), the petitioners relied on the 
calendar year 2022 financial statements of a producer of identical or 
comparable merchandise domiciled in each respective subject country or 
a third country, where appropriate.\54\
---------------------------------------------------------------------------

    \52\ Id.
    \53\ Id.
    \54\ Id.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioners, there is reason to 
believe that imports of aluminum extrusions from China, Colombia, the 
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia, 
Mexico, Taiwan, Thailand, Turkey, the UAE, and Vietnam are being, or 
are likely to be, sold in the United States at LTFV. Based on 
comparisons of EP to NV in accordance with sections 772 and 773 of the 
Act, the estimated dumping margins for aluminum extrusions for each of 
the countries covered by this initiation are as follows: (1) China--
376.85 percent; (2) Colombia--165.25 percent; (3) Dominican Republic--
28.29 percent; (4) Ecuador--42.79 to 63.21 percent; (5) India--39.05 
percent; (6) Indonesia--88.53 percent; (7) Italy--41.67 percent; (8) 
Korea--43.56 percent; (9) Malaysia--25.89 to 27.51 percent; (10) 
Mexico--76.68 to 82.03 percent; (11) Taiwan--60.25 to 67.86 percent; 
(12) Thailand--76.73 percent; (13) Turkey--48.43 percent; (14) UAE--
42.29 percent; and (15) Vietnam--41.84 percent.\55\
---------------------------------------------------------------------------

    \55\ Id.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 732 of 
the Act. Therefore, we are initiating LTFV investigations to determine 
whether imports of aluminum extrusions from China, Colombia, the 
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia, 
Mexico, Taiwan, Thailand, Turkey, the UAE, and Vietnam are being, or 
are likely to be, sold in the United States at LTFV. In accordance with 
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of these initiations.

Respondent Selection

Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, 
Malaysia, Mexico, Taiwan, Thailand, Turkey, and the UAE

    In the Petitions, the petitioners identified one company in 
Colombia, two companies in the Dominican Republic, three companies in 
Ecuador, 13 companies in India, 18 companies in Indonesia, 22 companies 
in Italy, 13 companies in Korea, nine companies in Malaysia, 14 
companies in Mexico, 21 companies in Taiwan, eight companies in 
Thailand, 39 companies in Turkey, and 13 companies in the UAE as 
producers/exporters of aluminum extrusions.\56\ For Ecuador, India, 
Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, 
and the UAE, in the event Commerce determines that the number of 
companies is large, and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on quantity and value (Q&V) 
questionnaires issued to potential respondents. Following standard 
practice in AD investigations involving market economy countries, 
Commerce would normally select respondents based on U.S. Customs and 
Border Protection (CBP) entry data for imports under the appropriate 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
listed in the scope of the investigations. However, for these 
investigations, due to the wide variety of individual types of aluminum 
extrusions products covered by the scope, we cannot rely on CBP data in 
selecting respondents. Notwithstanding the decision to rely on Q&V 
questionnaires for respondent selection, due to the number of producers 
and/or exporters identified in the Petitions, Commerce has determined 
to limit the number of Q&V questionnaires that it will issue to 
producers and/or exporters based on CBP data for aluminum extrusions 
from Indonesia, Italy, Taiwan, and Turkey during the POI under the 
appropriate HTSUS subheadings listed in the ``Scope of the 
Investigations,'' in the appendix. Accordingly, for Indonesia, Italy, 
Taiwan, and Turkey, Commerce will send Q&V questionnaires to the 
largest producers and/or exporters that are identified in the CBP entry 
data for which there is complete address information on the record. For 
Ecuador, India, Korea, Malaysia, Mexico, Thailand, and the UAE, we 
intend to issue Q&V questionnaires to each potential respondent for 
which the petitioners have provided a complete address. For Colombia 
and the Dominican Republic, the petitioners identified one company as a 
producer or exporter of aluminum extrusions (Colombia) and two 
companies as

[[Page 74427]]

producers and/or exporters of aluminum extrusions (Dominican Republic). 
Therefore, unless we receive voluntary responses to the Q&V 
questionnaire from companies not identified, as described below, we 
intend to examine the one producer/exporter of aluminum extrusions from 
Colombia and the two producers/exporters of aluminum extrusions from 
the Dominican Republic.
---------------------------------------------------------------------------

    \56\ See Petitions at Volume I (page 18 and Exhibit I-8); see 
also General Issues Supplement at 1-2 and Exhibit I-Supp-3.
---------------------------------------------------------------------------

    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of aluminum extrusions from 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, 
Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, and the UAE that do 
not receive Q&V questionnaires by mail may still submit a response to 
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire 
from Enforcement and Compliance's website. Responses to the Q&V 
questionnaire must be submitted by the relevant producers/exporters no 
later than 5 p.m. ET on November 7, 2023, which is two weeks from the 
signature date of this notice. All Q&V responses must be filed 
electronically via ACCESS. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above.
    Interested parties must submit applications for disclosure under 
administrative protective order (APO) in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
Commerce's website at https://www.trade.gov/administrative-protective-orders. Commerce intends to make its decisions regarding respondent 
selection for Colombia, the Dominican Republic, Ecuador, India, 
Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, 
and the UAE within 20 days of publication of this notice.

China and Vietnam

    In the Petitions, the petitioners named over 100 companies in China 
and 13 companies in Vietnam as producers and/or exporters of aluminum 
extrusions.\57\ Our standard practice for respondent selection in AD 
investigations involving NME countries is to select respondents based 
on Q&V questionnaires in cases where it has determined that the number 
of companies is large and it cannot individually examine each company 
based upon its resources. Therefore, considering the number of 
producers and/or exporters identified in the Petitions, Commerce will 
solicit Q&V information that can serve as a basis for selecting 
exporters for individual examination in the event that Commerce 
determines that the number is large and decides to limit the number of 
respondents individually examined pursuant to section 777A(c)(2) of the 
Act. For China, because there are nearly 300 Chinese producers and/or 
exporters identified in the Petitions, Commerce has determined that it 
will issue Q&V questionnaires to the largest producers and/or exporters 
that are identified in the CBP data for which there is complete address 
information on the record. For Vietnam, Commerce has determined that it 
will issue Q&V questionnaires to each potential respondent for which 
the petitioners have provided a complete address.
---------------------------------------------------------------------------

    \57\ See Petitions at Volume I (page 18 and Exhibit I-8); see 
also General Issues Supplement at 1-2 and Exhibit I-Supp-3.
---------------------------------------------------------------------------

    Commerce will post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of aluminum extrusions from 
China and Vietnam that do not receive Q&V questionnaires may still 
submit a response to the Q&V questionnaire and can obtain a copy of the 
Q&V questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Chinese and Vietnamese 
producers/exporters no later than 5:00 p.m. ET on November 7, 2023, 
which is two weeks from the signature date of this notice. All Q&V 
questionnaire responses must be filed electronically via ACCESS. An 
electronically filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted 
above.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders. Commerce 
intends to make its decisions regarding respondent selection for China 
and Vietnam within 20 days of publication of this notice.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from China and 
Vietnam submit a response both to the Q&V questionnaire and to the 
separate rate application by the respective deadlines in order to 
receive consideration for separate rate status. Companies not filing a 
timely Q&V questionnaire response will not receive separate rate 
consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

    {w{time} hile continuing the practice of assigning separate 
rates only to exporters, all separate rates that {Commerce{time}  
will now assign in its NME Investigation will be specific to those 
producers that supplied the exporter during the period of 
investigation. Note, however, that one rate is calculated for the 
exporter and all of the producers which supplied subject merchandise 
to it during the period of investigation. This practice applies both 
to mandatory respondents receiving an individually calculated 
separate rate as well as the pool of non-investigated firms 
receiving the {weighted average{time}  of the individually 
calculated rates. This practice is referred to as the application of 
``combination rates'' because such rates apply to specific 
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise 
both exported by the firm in question and produced by a firm that 
supplied the exporter during the period of investigation.\58\
---------------------------------------------------------------------------

    \58\ See Enforcement and Compliance's Policy Bulletin 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Distribution of Copies of the AD Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the AD Petitions have been 
provided to the governments of China, Colombia, the Dominican Republic, 
Ecuador, India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, 
Thailand, Turkey, the

[[Page 74428]]

UAE, and Vietnam via ACCESS. To the extent practicable, we will attempt 
to provide a copy of the public version of the AD Petitions to each 
exporter named in the AD Petitions, as provided under 19 CFR 
351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the AD Petitions were filed, whether there is a reasonable 
indication that imports of aluminum extrusions from China, Colombia, 
the Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, 
Malaysia, Mexico, Taiwan, Thailand, Turkey, the UAE, and/or Vietnam are 
materially injuring, or threatening material injury to, a U.S. 
industry.\59\ A negative ITC determination for any country will result 
in the investigation being terminated with respect to that country.\60\ 
Otherwise, these LTFV investigations will proceed according to 
statutory and regulatory time limits.
---------------------------------------------------------------------------

    \59\ See section 733(a) of the Act.
    \60\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \61\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\62\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \61\ See 19 CFR 351.301(b).
    \62\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act, Commerce will respond to such a submission consistent with 19 
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section 
773(e) of the Act, then it will modify its dumping calculations 
appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set 
a deadline for the submission of PMS allegations and supporting factual 
information. However, in order to administer section 773(e) of the Act, 
Commerce must receive PMS allegations and supporting factual 
information with enough time to consider the submission. Thus, should 
an interested party wish to submit a PMS allegation and supporting new 
factual information pursuant to section 773(e) of the Act, it must do 
so no later than 20 days after submission of a respondent's initial 
section D questionnaire response.

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301.\63\ For submissions that are 
due from multiple parties simultaneously, an extension request will be 
considered untimely if it is filed after 10 a.m. ET on the due date. 
Under certain circumstances, we may elect to specify a different time 
limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in a letter or memorandum of the 
deadline (including a specified time) by which extension requests must 
be filed to be considered timely. An extension request must be made in 
a separate, stand-alone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\64\
---------------------------------------------------------------------------

    \63\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \64\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\65\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\66\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \65\ See section 782(b) of the Act.
    \66\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\67\
---------------------------------------------------------------------------

    \67\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020). Additionally, note that Commerce has modified its 
regulations to make permanent certain changes to its service 
procedures that were adopted on a temporary basis due to COVID-19, 
as well as additional clarifications and corrections to its AD/CVD 
regulations. Effective October 30, 2023, these changes will apply to 
all AD/CVD proceedings that are ongoing on the effective date and 
all AD/CVD proceedings initiated on or after the effective date. See 
Administrative Protective Order, Service, and Other Procedures in 
Antidumping and Countervailing Duty Proceedings, 88 FR 67069 
(September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).


[[Page 74429]]


    Dated: October 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--Scope of the Investigations

    The merchandise subject to these investigations are aluminum 
extrusions, regardless of form, finishing, or fabrication, whether 
assembled with other parts or unassembled, whether coated, painted, 
anodized, or thermally improved. Aluminum extrusions 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, subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 1 contain not less 
than 99 percent aluminum by weight. Subject aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 3 contain manganese as the 
major alloying element, with manganese accounting for not more than 
3.0 percent of total materials by weight. Subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 6 contain 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 scope also includes merchandise made from an aluminum alloy with 
an Aluminum Association series designation commencing with the 
number 5 (or proprietary equivalents or other certifying body 
equivalents) that have a magnesium content accounting for up to but 
not more than 2.0 percent of total materials by weight.
    The country of origin of the aluminum extrusion is determined by 
where the metal is extruded (i.e., pressed through a die).
    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.
    Subject aluminum extrusions are produced and imported with a 
variety of coatings and surface treatments, and types of 
fabrication. The types of coatings and treatments applied to 
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), liquid 
painted, electroplated, chromate converted, powder coated, 
sublimated, wrapped, and/or bead blasted. Subject aluminum 
extrusions may also be fabricated, i.e., prepared for assembly, or 
thermally improved. Such operations would include, but are not 
limited to, extrusions that are cut-to-length, machined, drilled, 
punched, notched, bent, stretched, stretch-formed, hydroformed, 
knurled, swedged, mitered, chamfered, threaded, and spun. Performing 
such operations in third countries does not otherwise remove the 
merchandise from the scope of the investigations.
    The types of products that meet the definition of subject 
merchandise include but are not limited to, vehicle roof rails and 
sun/moon roof framing, solar panel racking rails and framing, 
tradeshow display fixtures and framing, parts for tents or clear 
span structures, fence posts, drapery rails or rods, electrical 
conduits, door thresholds, flooring trim, electric vehicle battery 
trays, heat sinks, signage or advertising poles, picture frames, 
telescoping poles, or cleaning system components.
    Aluminum extrusions may be heat sinks, which are fabricated 
aluminum extrusions that dissipate heat away from a heat source and 
may serve other functions, such as structural functions. Heat sinks 
come in a variety of sizes and shapes, including but not limited to 
a flat electronic heat sink, which is a solid aluminum extrusion 
with at least one flat side used to mount electronic or mechanical 
devices; a heat sink that is a housing for electronic controls or 
motors; lighting heat sinks, which dissipate heat away from LED 
devices; and process and exchange heat sinks, which are tube 
extrusions with fins or plates used to hold radiator tubing. Heat 
sinks are included in the scope, regardless of whether the design 
and production of the heat sinks are organized around meeting 
specified thermal performance requirements and regardless of whether 
they have been tested to comply with such requirements. For purposes 
of these investigations on aluminum extrusions from the People's 
Republic of China, only heat sinks designed and produced around 
meeting specified thermal performance requirements and tested to 
comply with such requirements are included in the scope.
    Merchandise that is comprised solely of aluminum extrusions or 
aluminum extrusions and fasteners, whether assembled at the time of 
importation or unassembled, is covered by the scope in its entirety.
    The scope also covers aluminum extrusions that are imported with 
non-extruded aluminum components beyond fasteners, whether assembled 
at the time of importation or unassembled, that are a part or 
subassembly of a larger product or system. Only the aluminum 
extrusion portion of the merchandise described in this paragraph, 
whether assembled or unassembled, is subject to duties. Examples of 
merchandise that is a part or subassembly of a larger product or 
system include, but are not limited to, window parts or 
subassemblies; door unit parts or subassemblies; shower and bath 
system parts or subassemblies; solar panel mounting systems; 
fenestration system parts or subassemblies, such as curtain wall and 
window wall units and parts or subassemblies of storefronts; 
furniture parts or subassemblies; appliance parts or subassemblies, 
such as fin evaporator coils and systems for refrigerators; railing 
or deck system parts or subassemblies; fence system parts or 
subassemblies; motor vehicle parts or subassemblies, such as bumpers 
for motor vehicles; trailer parts or subassemblies, such as side 
walls, flooring, and roofings; electric vehicle charging station 
parts or subassemblies; or signage or advertising system parts or 
subassemblies. Parts or subassemblies described by this paragraph 
that are subject to duties in their entirety pursuant to existing 
antidumping and countervailing duty orders are excluded from the 
scope of these investigations, so long as they remain subject to the 
scope of such orders. Any part or subassembly that otherwise meets 
the requirements of this scope and that is not covered by other 
antidumping and/or countervailing duty orders remains subject to the 
scope of these investigations.
    The scope excludes assembled merchandise containing non-extruded 
aluminum components beyond fasteners that is not a part or 
subassembly of a larger product or system and that is used as 
imported, without undergoing after importation any processing, 
fabrication, finishing, or assembly or the addition of parts or 
material, regardless of whether the additional parts or material are 
interchangeable.
    The scope also excludes merchandise containing non-extruded 
aluminum components beyond fasteners that is not a part or 
subassembly of a larger product or system that enters unassembled as 
a packaged combination of parts to be assembled as is for its 
intended use, without undergoing after importation any processing, 
fabrication, or finishing or the addition of parts or material, 
regardless of whether the additional parts or material are 
interchangeable. To be excluded under this paragraph, the 
merchandise must be sold and enter as a discrete kit on one Customs 
entry form.
    Examples of such excluded assembled and unassembled merchandise 
include windows with glass, door units with door panel and glass, 
motor vehicles, trailers, furniture, and appliances.
    The scope also includes aluminum extrusions that have been 
further processed in a third country, including, but not limited to, 
the finishing and fabrication processes described above, assembly, 
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would 
not otherwise remove the merchandise from the scope if performed in 
the country of manufacture of the in-scope product. Third-country 
processing; finishing; and/or fabrication, including those processes 
described in the scope, does not alter the country of origin of the 
subject aluminum extrusions.
    The following aluminum extrusion products are excluded: aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designations commencing with the number 2 (or proprietary 
equivalents or other certifying body equivalents) and containing in 
excess of 1.5 percent copper by weight; aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 5 (or proprietary equivalents 
or other certifying

[[Page 74430]]

body equivalents) and containing in excess of 2.0 percent magnesium 
by weight; and aluminum extrusions made from an aluminum alloy with 
an Aluminum Association series designation commencing with the 
number 7 (or proprietary equivalents or other certifying body 
equivalents) and containing in excess of 2.0 percent zinc by weight.
    The scope also excludes aluminum alloy sheet or plates produced 
by means other than the extrusion process, such as aluminum products 
produced by a method of continuous casting or rolling. Cast aluminum 
products are also excluded. The scope also excludes 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 (not including proprietary equivalents 
or other certifying body equivalents) 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 investigations 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 (not including proprietary equivalents or other 
certifying body equivalents), 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 Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7605.19.0000, 7604.10.5000, or 7616.99.5190.
    Also excluded from the scope of these antidumping and 
countervailing duty investigations on aluminum extrusions from the 
People's Republic of China are all products covered by the scope of 
the antidumping and countervailing duty orders on Aluminum 
Extrusions from the People's Republic of China. See Aluminum 
Extrusions from the People's Republic of China: Antidumping Duty 
Order, 76 FR 30,650 (May 26, 2011); and Aluminum Extrusions from the 
People's Republic of China: Countervailing Duty Order, 76 FR 30,653 
(May 26, 2011) (collectively, Aluminum Extrusions from the People's 
Republic of China). Solely for these investigations on aluminum 
extrusions from the People's Republic of China, the following is an 
exhaustive list of products that meet the definition of subject 
merchandise. Merchandise that is not included in the following list 
that meets the definition of subject merchandise in the 2011 
antidumping and countervailing duty orders on Aluminum Extrusions 
from the People's Republic of China remains subject to the earlier 
orders. No other section of this scope language that provides 
examples of subject merchandise is exhaustive. The following 
products are included in the scope of these investigations on 
aluminum extrusions from the People's Republic of China, whether 
assembled or unassembled: heat sinks as described above; cleaning 
system components like mops and poles; banner stands/back walls; 
fabric wall systems; drapery rails; side mount valve controls; water 
heater anodes; solar panel mounting systems; 5050 alloy rails for 
showers and carpets; auto heating and cooling system components; 
assembled motor cases with stators; louver assemblies; event 
d[eacute]cor; window wall units and parts; trade booths; micro 
channel heat exchangers; telescoping poles, pole handles, and pole 
attachments; flagpoles; wind sign frames; foreline hose assembly; 
electronics enclosures; parts and subassemblies for storefronts, 
including portal sets; light poles; air duct registers; outdoor 
sporting goods parts and subassemblies; glass refrigerator shelves; 
aluminum ramps; handicap ramp system parts and subassemblies; frames 
and parts for tents and clear span structures; parts and 
subassemblies for screen enclosures, patios, and sunrooms; parts and 
subassemblies for walkways and walkway covers; aluminum extrusions 
for LED lights; parts and subassemblies for screen, storm, and patio 
doors; pontoon boat parts and subassemblies, including rub rails, 
flooring, decking, transom structures, canopy systems, seating; boat 
hulls, framing, ladders, and transom structures; parts and 
subassemblies for docks, piers, boat lifts and mounting; 
recreational and boat trailer parts and subassemblies, including 
subframes, crossmembers, and gates; solar tracker assemblies with 
gears; garage door framing systems; door threshold and sill 
assemblies; highway and bridge signs; bridge, street, and highway 
rails; scaffolding, including planks and struts; railing and support 
systems; parts and subassemblies for exercise equipment; 
weatherstripping; door bottom and sweeps; door seals; floor 
transitions and trims; parts and subassemblies for modular walls and 
office furniture; truck trailer parts and subassemblies; boat cover 
poles, outrigger poles, and rod holders; bleachers and benches; 
parts and subassemblies for elevators, lifts, and dumbwaiters; parts 
and subassemblies for mirror and framing systems; window treatments; 
parts and subassemblies for air foils and fans; bus and RV window 
frames; sliding door rails; dock ladders; parts and subassemblies 
for RV frames and trailers; awning, canopy, and sunshade structures 
and their parts and subassemblies; marine motor mounts; linear 
lighting housings; and cluster mailbox systems.
    Imports of the subject merchandise are primarily provided for 
under the following categories of the HTSUS: 7604.10.1000; 
7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 
7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 
7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 
7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 
7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
    Imports of the subject merchandise, including subject 
merchandise entered as parts of other products, may also be 
classifiable under the following additional HTSUS categories, as 
well as other HTSUS categories: 6603.90.8100; 7606.12.3091; 
7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015; 
7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125; 
7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100; 
7615.20.0000; 7616.10.9090; 7616.99.1000; 7616.99.5130; 
7616.99.5140; 7616.99.5190; 8302.10.3000; 8302.10.6030; 
8302.10.6060; 8302.10.6090; 8302.20.0000; 8302.30.3010; 
8302.30.3060; 8302.41.3000; 8302.41.6015; 8302.41.6045; 
8302.41.6050; 8302.41.6080; 8302.42.3010; 8302.42.3015; 
8302.42.3065; 8302.49.6035; 8302.49.6045; 8302.49.6055; 
8302.49.6085; 8302.50.0000; 8302.60.3000; 8302.60.9000; 
8305.10.0050; 8306.30.0000; 8414.59.6590; 8415.90.8045; 
8418.99.8005; 8418.99.8050; 8418.99.8060; 8419.50.5000; 
8419.90.1000; 8422.90.0640; 8424.90.9080; 8473.30.2000; 
8473.30.5100; 8479.89.9599; 8479.90.8500; 8479.90.9596; 
8481.90.9060; 8481.90.9085; 8486.90.0000; 8487.90.0080; 
8503.00.9520; 8508.70.0000; 8513.90.2000; 8515.90.2000; 
8516.90.5000; 8516.90.8050; 8517.71.0000; 8517.79.0000; 
8529.90.7300; 8529.90.9760; 8536.90.8585; 8538.10.0000; 
8541.90.0000; 8543.90.8885; 8547.90.0020; 8547.90.0030; 
8708.10.3050; 8708.29.5160; 8708.80.6590; 8708.99.6890; 
8807.30.0060; 9031.90.9195; 9401.99.9081; 9403.99.1040; 
9403.99.9010; 9403.99.9015; 9403.99.9020; 9403.99.9040; 
9403.99.9045; 9405.99.4020; 9506.11.4080; 9506.51.4000; 
9506.51.6000; 9506.59.4040; 9506.70.2090; 9506.91.0010; 
9506.91.0020; 9506.91.0030; 9506.99.0510; 9506.99.0520; 
9506.99.0530; 9506.99.1500; 9506.99.2000; 9506.99.2580; 
9506.99.2800; 9506.99.5500; 9506.99.6080; 9507.30.2000; 
9507.30.4000; 9507.30.6000; 9507.30.8000; 9507.90.6000; 
9547.90.0040; and 9603.90.8050.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

[FR Doc. 2023-23962 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P