[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38031-38037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09941]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-158]
Aluminum Extrusions From the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that aluminum extrusions from the People's Republic of China
(China) are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is April
1, 2023, through September 30, 2023. Interested parties are invited to
comment on this preliminary determination.
DATES: Applicable May 7, 2024.
FOR FURTHER INFORMATION CONTACT: Luke Caruso or Jonathan Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2081 or (202) 482-3518,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this investigation on October 31,
2023.\1\ On February 15, 2024, Commerce postponed the preliminary
determination in this investigation until May 1, 2024.\2\
---------------------------------------------------------------------------
\1\ See 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, 88 FR 74421 (October 31, 2023) (Initiation Notice).
\2\ See Aluminum Extrusions from the People's Republic of China,
Colombia, 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:
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 89 FR 11814 (February 15, 2024).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\3\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Extrusions from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from China. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice, as well as additional language
proposed by Commerce. For a summary of the product coverage comments
and rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum II.\6\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice. See the revised scope in Appendix I to this
notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 at FR 74423.
\6\ See Memorandum, ``Antidumping Duty Investigations and
Countervailing Duty Investigations of Aluminum Extrusions from
People's Republic of China, Colombia, 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: Preliminary Scope Decision Memorandum II,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum II).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act and calculated constructed export prices
in accordance with section 772(b) of the Act. Because China is a non-
market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. In addition, Commerce has applied partial facts available
under section 776(a)(1) of the Act to the collapsed single entity that
includes mandatory respondent Sanhua (Hangzhou) Micro Channel Heat
Exchanger Co., Ltd (SHMC) and applied adverse facts available under
sections 776(a) and (b) of the Act to the China-wide entity. For a full
description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\7\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\8\
---------------------------------------------------------------------------
\7\ See Initiation Notice, 88 FR at 74427.
\8\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 38032]]
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted- rate (adjusted
Producer Exporter average for subsidy
dumping margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Hydro Aluminium (Suzhou) Co., Ltd..... Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.\9\
Jiangsu Gongchang Precision Aluminum Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Co., Ltd. Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.
Gerald New Energy (Jiangsu) Co., Ltd.. Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.
Shandong Hongyuan Metal Materials Co., Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Ltd. Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.
Yangzhou Resler Composite Metal Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Materials Co., Ltd. Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.
Shandong Wanchuang Metal Technology Sanhua (Hangzhou) Micro Channel Heat 4.91 0.00
Co., Ltd. Exchanger Co., Ltd./Sanhua Intelligent
Controls Co., Ltd./Zhejiang Sanhua
Automotive Components Co., Ltd./
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd./Shaoxing Sanhua
Automotive Thermal Management
Technology Co., Ltd./Sanhua Heat
Exchanger (Zhengzhou) Co., Ltd./Sanhua
International Singapore Pte. Ltd.
Wuxi Fengyun Aluminum Industry Co., ACP (Changzhou) Heat Exchanger Co., Ltd. 4.91 0.00
Ltd.
Changzhou Xiangyun Aluminum Industry ACP (Changzhou) Heat Exchanger Co., Ltd. 4.91 0.00
Co., Ltd.
Changshu Changsheng Aluminium Products Changshu Changsheng Aluminium Products 4.91 0.00
Co., Ltd. Co., Ltd.
Changzhou Tenglong Auto Parts Co., Ltd Changzhou Tenglong Auto Parts Co., Ltd.. 4.91 0.00
Chongqing Chaoli Electric Appliance Chongqing Chaoli Electric Appliance Co., 4.91 0.00
Co., Ltd. Ltd.
Danfoss (Jiaxing) Co., Ltd............ Danfoss Micro Channel Heat Exchanger 4.91 0.00
(Jiaxing) Co., Ltd.
Liaocheng Wanhe Commercial and Trading Danfoss Micro Channel Heat Exchanger 4.91 0.00
Ltd. (Jiaxing) Co., Ltd.
Shandong Wanchuang Metal Technology Danfoss Micro Channel Heat Exchanger 4.91 0.00
Co, Ltd. (Jiaxing) Co., Ltd.
Hydro Precision Tubing (Suzhou) Co., Danfoss Micro Channel Heat Exchanger 4.91 0.00
Ltd. (Jiaxing) Co., Ltd.
Foshan City Shunde District Rongcheng Foshan City Shunde District Rongcheng 4.91 0.00
Stainless Steel Sanitary Wares Stainless Steel Sanitary Wares
Industrial Co., Ltd. Industrial Co., Ltd.
Guangdong Wireking Housewares & Guangdong Wireking Housewares & Hardware 4.91 0.00
Hardware Co., Ltd. Co., Ltd.
Guangdong XinWei Aluminum Products Guangdong XinWei Aluminum Products Co., 4.91 0.00
Co., Ltd. Ltd.
Guangdong Yongfeng Lihua Shading Guangdong Yongfeng Lihua Shading 4.91 0.00
Technology Co., Ltd. Technology Co., Ltd.
Guangdong Haomei New Materials Co. Ltd Hao Mei Aluminium Products Company 4.91 0.00
Limited.
Jiangsu SV Precision Components Co., Jiangsu SV Precision Components Co., Ltd 4.91 0.00
Ltd.
Guangxi Tianheng Auto Component Kromet International Inc................ 4.91 0.00
Manufacturing Co., Ltd.
[[Page 38033]]
Wuxi Huaguang Automotive Technology Mercury Marine Technology (Suzhou) Co., 4.91 0.00
Co., Ltd. Ltd.
Ningbo Jiada Specialty Metals Ltd..... Mercury Marine Technology (Suzhou) Co., 4.91 0.00
Ltd.
Wuxi Jiangyuan Aluminum Co., Ltd...... Modine Thermal System (Changzhou) Co., 4.91 0.00
Ltd.
Jiangsu Asia Pacific Aviation Modine Thermal System (Changzhou) Co., 4.91 0.00
Technology. Ltd.
Ningbo Innopower Tengda Machinery Co., Ningbo Innopower Tengda Machinery Co., 4.91 0.00
Ltd. Ltd.
JiangSu Daiweimu New Kinetic Scheco Mechanical and Electrical Co., 4.91 0.00
Technology Co., Ltd. Ltd.
Jiangsu Lide Aluminum Industry Co., Scheco Mechanical and Electrical Co., 4.91 0.00
Ltd. Ltd.
Wuxi Huaguang Automotive Technology Wuxi Huaguang Automotive Technology Co., 4.91 0.00
Co., Ltd. Ltd.
Zhejiang Guoyao Aluminum Co., Ltd..... Zhejiang Guoyao Aluminum Co., Ltd....... 4.91 0.00
Zhejiang Xinlong Industry Co., Ltd.... Zhejiang Xinlong Industry Co., Ltd...... 4.91 0.00
China-wide entity....................... * 376.85 365.19
----------------------------------------------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
Suspension of Liquidation
---------------------------------------------------------------------------
\9\ Commerce has preliminarily determined that the mandatory
respondent Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd.
is affiliated with the following companies and has treated these
companies as a single entity: (1) Sanhua Intelligent Controls Co.,
Ltd.; (2) Zhejiang Sanhua Automotive Components Co., Ltd.; (3)
Shaoxing Sanhua New Energy Automotive Components Co., Ltd.; (4)
Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd.;
(5) Sanhua Heat Exchanger (Zhengzhou) Co., Ltd.; and (6) Sanhua
International Singapore Pte. Ltd. See Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the weighted average
amount by which normal value exceeds U.S. price, as indicated in the
table above as follows: (1) for the producer/exporter combinations
listed in the table above, the cash deposit rate is equal to the
estimated weighted-average dumping margin listed for that combination
in the table; (2) for all combinations of Chinese producers/exporters
of merchandise under consideration that have not established
eligibility for their own separate rates, the cash deposit rate will be
equal to the estimated weighted-average dumping margin established for
the China-wide entity; and (3) for all third-county exporters of the
merchandise under consideration not listed in the table above, the cash
deposit rate is the cash deposit rate applicable to the Chinese
producer/exporter combination or China-wide entity that supplied that
third-country exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's table
of estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
that the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations and analysis it performed in this preliminary
determination within five days of public announcement or, if there is
no public announcement, within five days of the date of publication of
this notice in the Federal Register in accordance with 19 CFR
351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
Public Comment
For scope-related comments, please refer to the Preliminary Scope
Decision Memorandum II for the deadlines for scope comments. After the
submission of scope comments, Commerce will set a schedule for the
submission of case and rebuttal briefs limited to scope issues.
[[Page 38034]]
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the final verification
report is issued in this investigation.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\11\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide, at the beginning of their briefs, a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the public executive summary of each issue.
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\14\
---------------------------------------------------------------------------
\14\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain (1) the party's name, address, and telephone
number; (2) the number of participants and whether any participant is a
foreign national; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires
that requests by exporters for postponement of the final determination
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On April 21, 2024, pursuant to 19 CFR 351.210(e), SHMC requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\15\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce's
will make its final determination no later than 135 days after the date
of publication of this notice of preliminary determination in the
Federal Register.
---------------------------------------------------------------------------
\15\ See SHMC's Letter, ``Aluminum Extrusions from China,''
dated April 22, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This preliminary determination is issued and published in
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR
351.205(c).
Dated: May 1, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise subject to this investigation 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
[[Page 38035]]
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 bright
dip), 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, spun, etched, and
engraved. Performing such operations in third countries does not
otherwise remove the merchandise from the scope of the
investigation.
The types of products that meet the definition of subject
merchandise include but are not limited to, the aluminum extrusion
portions of 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, 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 the 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. Excluded
from the scope of the investigations are large, multi-finned
extruded aluminum heat sinks designed to dissipate heat, meeting the
following criteria: (1) an aspect ratio (defined as the ratio of the
area of a void in an extrusion to the size of the smallest gap
opening at the entrance of that void and calculated by dividing the
void area by the square of the gap opening) greater than 15 to 1; or
(2) the circumscribing circle diameter (defined as the diameter of
the smallest circle that will entirely enclose the extrusion's
cross-sectional profile) rounded up to the next half inch, exceeds
10 inches, and the weight-per-foot (defined as the theoretical
weight of the profile as extruded prior to any machining that may
remove material and calculated by multiplying the area of the
profile in square inches by 1.2) exceeds 3.50 pounds per foot.
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 includes aluminum extrusions contained in
merchandise that is a part or subassembly of a larger whole, whether
or not the merchandise also contains a component other than aluminum
extrusions that is beyond a fastener. Such merchandise may be either
assembled or unassembled at the time of importation. A ``part or
subassembly'' is defined as a unit designed to be attached to, or
incorporated with, one or more other units or components into a
larger completed product. Only the aluminum extrusion portion of the
merchandise described in this paragraph, whether assembled or
unassembled, is subject merchandise included in the scope and
subject to duties. Examples of merchandise that is a part or
subassembly of a larger whole include, but are not limited to,
window parts or subassemblies; door unit parts or subassemblies;
shower and bath 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 (defined as
those antidumping and countervailing duty orders that are in effect
as of the date of publication of the order resulting from this
investigation) are excluded from the scope of the investigation. 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 the
investigation.
The scope excludes aluminum extrusions contained in fully and
permanently assembled merchandise, if the assembled merchandise is
not a part or subassembly of a larger whole. To be excluded under
this paragraph, the assembled merchandise must also contain a
component other than aluminum extrusions, beyond fasteners. In
addition, to be excluded under this paragraph, the assembled
merchandise must be ready for use as imported, without undergoing
after importation any processing, fabrication, finishing, or
assembly or the addition of parts or material (with the exception of
consumable parts or material or interchangeable media or tooling).
The scope also excludes aluminum extrusions contained in
unassembled merchandise if the unassembled merchandise is not a part
or subassembly of a larger whole. To be excluded under this
paragraph, the unassembled merchandise must also contain a component
other than aluminum extrusions, beyond fasteners. In addition, to be
excluded under this paragraph, the unassembled merchandise must be a
packaged combination of parts that is ready to be assembled as
imported, without undergoing after importation any processing,
fabrication, or finishing or the addition of parts or material (with
the exception of consumable parts or material or interchangeable
media or tooling). To be excluded under this paragraph, the
unassembled 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, appliances, and solar panels
and solar modules.
The scope also excludes merchandise containing multiple
subassemblies of a larger whole with non-extruded aluminum
components beyond fasteners. A subassembly that meets the definition
of subject merchandise, including any product expressly identified
as subject merchandise in this scope, can only be excluded if it is
fully and permanently assembled with at least one other different
subassembly, and where (1) at least one of the subassemblies, if
entered individually, would not itself be subject to the scope; (2)
the aluminum extrusions within the merchandise collectively account
for 50 percent or less of the actual weight of the combined multiple
subassemblies (without including any non-extruded aluminum fasteners
in the calculations); and (3) the aluminum extrusions within the
merchandise collectively account for 50 percent or less of the
number of pieces of the combined multiple subassemblies (without
including any non-extruded aluminum fasteners in the calculations).
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
[[Page 38036]]
designation commencing with the number 5 (or proprietary equivalents
or other certifying 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 are extruded drawn solid profiles
made from an aluminum alloy with the Aluminum Association series
designation commencing with the number 1, 3, or 6 (or proprietary
equivalents or other certifying body equivalents), including
variants on individual alloying elements not to circumvent the other
Aluminum Association series designations, which meet each of the
following characteristics: (1) solid cross sectional area greater
than 62.4 mm\2\ and less than 906 mm\2\, (2) minimum electrical
conductivity of 58% of the international annealed copper standard
(IACS) or maximum resistivity of 2.97 [mu][Omega]/cm, (3) a
uniformly applied nonelectrically conductive temperature-resistant
coating co-extruded over characteristic (1) of either polyamide,
cross-linked polyethylene, or silicone rubber material which meets
the following standards: (a) Vicat A temperature threshold of >140
degrees Celsius, (b) flammability requirements of UL 94V-0, and (c)
a minimum coating thickness of 0.10 mm and maximum coating thickness
of 2.0 mm, with a maximum thickness tolerance of +/-0.20 mm, (4)
characteristic 3 may or may not be encapsulated with a ``Precision
Drawn Tubing,'' wall thicknesses less than 1.2 mm, which is
mechanically fixed in place, and (5) packaged in straight lengths,
bent or formed and/or attached to hardware.
Also excluded from the scope are extruded tubing and drawn over
a ID plug and through a OD die made from an aluminum alloy with the
Aluminum Association series designation commencing with the number
3, 5, or 6 (or proprietary equivalents or other certifying body
equivalents), including variants on individual alloying elements not
to circumvent the other Aluminum Association series designations,
which meet each of the following characteristics: (1) an outside
mean diameter no greater than 30 mm with a tolerance less than or
equal to +/-0.10 mm, (2) uniform wall thickness no greater than 2.7
mm with wall tolerances less than or equal to +/-0.1 mm, (3) may be
coated with materials, including zinc, such that the coating
material weight is no less than 3 g/m2 and no greater than 30 g/m2,
and (4) packaged in continuous coils, straight lengths, bent or
formed.
The scope also excludes fully and permanently assembled glass
refrigerator shelves with decorative aluminum trim meeting the
following characteristics: (1) aluminum trim meeting Aluminum
Association series 6063-T5 designation that is anodized; (2)
aluminum trim length of not more than 800 mm, and (3) aluminum trim
width of not more than 40 mm. Such fully and permanently assembled
glass refrigerator shelves include other components in addition to
the aluminum trim, including, but not limited to, glass, steel, and
plastic. Only fully and permanently assembled glass refrigerator
shelves that require no further processing, fabrication, finishing,
assembly, or the addition of any parts or material are excluded.
Imports of glass refrigerator shelves are classified under HTSUS
8418.99.8050, which is being included for convenience.
Also excluded from the scope of this investigation 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 the 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 30650 (May 26, 2011); and Aluminum Extrusions from the
People's Republic of China: Countervailing Duty Order, 76 FR 30653
(May 26, 2011) (collectively, Aluminum Extrusions from the People's
Republic of China). Solely for the investigations on aluminum
extrusions from the People's Republic of China, the following is an
exhaustive list of products where the aluminum extrusion portions
thereof meet the definition of subject merchandise. The language
contained in the rest of the scope applies to this exhaustive list
of products. 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 aluminum extrusion portions of the following products are
included in the scope of the 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; automotive 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 Light Emitting Diode (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 Recreational Vehicle (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
[[Page 38037]]
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; 8547.90.0040; 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; and 9603.90.8050.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Affiliation and Single Entity Treatment
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-09941 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-DS-P