[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80530-80536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22791]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-837]
Aluminum Extrusions From the Socialist Republic of Vietnam: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
aluminum extrusions from the Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation is April 1, 2023,
through September 30, 2023.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Katherine Smith, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade
[[Page 80531]]
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-0557,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
aluminum extrusions from Vietnam.\1\ We invited interested parties to
comment on the Preliminary Determination.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this proceeding by seven days. The deadline
for the final determination is now September 26, 2024.\3\
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\1\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extensions of
Provisional Measures, 89 FR 38075 (May 7, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Id., 89 FR at 38075.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\4\ The Issues and 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 Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Aluminum Extrusions from the Socialist Republic of Vietnam,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from Vietnam. For a complete description of the scope of this
investigation, see Appendix I to this notice.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued Preliminary Scope Decision
Memoranda to address these comments and set aside a period for parties
to address scope issues in scope-specific case and rebuttal briefs.\5\
Between May 22, 2024, and June 24, 2024, Commerce received post-
preliminary determination scope comments from interested parties
regarding numerous products and scope-related issues. Between July 20,
2024, and August 19, 2024, Commerce received scope case and rebuttal
briefs from numerous interested parties. We made changes to the scope
of the investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.\6\
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\5\ See Memoranda, ``Preliminary Scope Decision Memorandum,''
dated March 4, 2024, and ``Preliminary Scope Decision Memorandum
II,'' dated, May 1, 2024 (collectively Preliminary Scope Decision
Memoranda).
\6\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
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Final Affirmative Determination of Critical Circumstances, in Part
On May 28, 2024, Commerce published in the Federal Register, its
preliminary affirmative determination of critical circumstances in
part.\7\ Specifically, Commerce preliminarily determined that critical
circumstances do exist with respect to imports of aluminum extrusions
from Vietnam with respect to the Vietnam-wide entity. Additionally, for
East Asia and the non-individually examined separate rate companies
that we preliminarily found qualified for a separate rate, we
preliminary determined that critical circumstances do not exist because
section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act) is
not met.\8\ We continue to find that critical circumstances do exist
with respect to imports of aluminum extrusions from Vietnam with
respect to the Vietnam-wide entity. Additionally, we continue to find
that critical circumstances do not exist for imports of aluminum
extrusions from Vietnam with respect to East Asia and the non-
individually examined separate rate companies eligible for a separate
rate, pursuant to sections 735(a)(3)(A) and (B) of the Act, and 19 CFR
351.206. For further discussion of this issue, see the Issues and
Decision Memorandum.
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\7\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Critical
Circumstances, in Part, in the Less-Than-Fair Value Investigation,
89 FR 46064 (May 28, 2024) (Preliminary Determination of Critical
Circumstances).
\8\ Id., 89 FR at 46064, 46067.
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Verification
As provided in section 782(i) of the Act, in June and July 2024, we
verified the sales and cost information submitted by Bau Bang Precision
Manufacturing Vietnam Co. LTD. (Bau Bang) \9\ and East Asia Aluminum
Co., Ltd (East Asia) for use in our final determination.\10\ We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Bau Bang and East Asia.\11\
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\9\ We preliminarily found that Bau Bang did not produce or
export any merchandise subject to the scope during the POI nor did
it have any sales of subject merchandise to the United States during
the POI. Therefore, we preliminarily did not calculate a weighted-
average dumping margin for Bau Bang; however, consistent with other
proceedings, we stated that we intend to verify the information on
the record provided by Bau Bang prior to making our final
determination in this investigation. See PDM at 4.
\10\ See Memorandum, ``Bau Bang Verification Report,'' dated
July 30, 2024; see also Memorandum, ````East Asia Verification
Report,'' dated July 30, 2024; and Memorandum, ``East Asia CEP
Verification Report,'' dated July 30, 2024.
\11\ Id.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Changes Since the Preliminary Determination
We made certain changes to the margin calculation for East Asia
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
Vietnam-Wide Entity and Use of Adverse Facts Available
Consistent with the Preliminary Determination,\12\ Commerce
continues to find, pursuant to sections 776(a) and (b) of the Act, that
the use of facts otherwise available, with adverse inferences (AFA), is
warranted in determining the rate for the Vietnam-wide entity. For this
final determination, as AFA, we continue to rely on an adverse
inference in selecting from the facts available with respect to the
Vietnam-wide entity and are assigning a rate of 41.84 percent, which is
the highest margin alleged in the petition.\13\
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\12\ See Preliminary Determination PDM at 6-9.
\13\ Id.; see also Initiation Notice, 88 FR at 74426; see also
Checklist, ``AD Investigation Initiation Checklist: Aluminum
Extrusions from the Socialist Republic of Vietnam,'' dated October
24, 2023 (Initiation Checklist).
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Separate Rates
We preliminarily found the mandatory respondent, East Asia to be
eligible for a separate rate in the
[[Page 80532]]
Preliminary Determination.\14\ No interested party commented on our
preliminary separate rate determination with respect to East Asia and
we have no basis to otherwise reconsider this determination.
Accordingly, we continue to find that East Asia is eligible for a
separate rate in the final determination. In addition, no party
commented on our decision in the Preliminary Determination to grant
separate status to certain other companies that we did not select for
individual examination. Accordingly, we continue to find that these
companies are eligible for a separate rate in the final determination.
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\14\ See Preliminary Determination PDM at 6-7.
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In calculating the rate for non-individually examined separate rate
respondents in a non-market economy LTFV investigation, Commerce
normally looks to section 735(c)(5)(A) of the Act, which pertains to
the calculation of the all-others rate in a market economy LTFV
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the
Act, normally this rate shall be an amount equal to the weighted
average of the estimated weighted-average dumping margins established
for those companies individually examined, excluding any margins that
are zero, de minimis, or based entirely under section 776 of the Act.
The statute further provides that, where all margins are zero, de
minimis, or based entirely on facts available under section 776 of the
Act, Commerce may use ``any reasonable method'' for assigning the rate
to non-selected respondents.
In this final determination, the sole mandatory respondent that is
eligible for a calculated margin (i.e., East Asia) has received a
weighted-average dumping margin which is not zero, de minimis, or based
entirely on facts available. Therefore, in accordance with section
735(c)(5)(A) of the Act, we have assigned East Asia's calculated
weighted-average dumping margin (i.e., 14.15 percent) to the non-
examined separate rate respondents.
Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\15\ Commerce calculated combination rates for the respondents
that are eligible for a separate rate in this investigation.
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\15\ 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 at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Final Determination
The final estimated weighted-average dumping margins are as
follows: \16\
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\16\ In the Preliminary Determination, Commerce inadvertently
listed Nhon Trach Branch of Tung Kuang Industrial Joint Stock
Company as Nhon Troch Branch of Tung Kuang Industrial Joint Stock
Company. On August 1, 2024, Commerce issued a correction to the
preliminary determination instructions to U.S. Customs and Border
Protection (CBP) to correct the inadvertent error. See Memorandum,
``Correcting Company Name,'' dated August 1, 2024.
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Estimated
weighted-
Exporter Producer average
dumping margin
(percent)
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East Asia Aluminum Company Limited East Asia Aluminum 14.15
Company Limited.
Austdoor Group Joint Stock Company Austdoor Group Joint 14.15
Stock Company.
BKQ Manufacturing and Trading Fravi Vietnam Group 14.15
Company Limited. Joint Stock Company.
Viet Nam Chuangxing Aluminium Vietnam Yongxing 14.15
Company Limited. Aluminium Industry
Co., Ltd.
Do Thanh Aluminium Joint Stock Do Thanh Aluminium 14.15
Company. Joint Stock Company.
Ha Noi DST Joint Stock Company.... Ha Noi DST Joint 14.15
Stock Company.
Euroha Joint Stock Company........ Euroha Joint Stock 14.15
Company.
Fravi Viet Nam Group Joint Stock Fravi Viet Nam Group 14.15
Company. Joint Stock Company.
Gold Well Co., Ltd................ Gold Well Co., Ltd.. 14.15
Hong Xin Co., Ltd................. Vietnam Yongxing 14.15
Aluminium Industry
Co., LTD.
Hyundai Aluminum Vina Shareholding Hyundai Aluminum 14.15
Company. Vina Shareholding
Company.
KIMSEN Industrial Corporation..... KIMSEN Industrial 14.15
Corporation.
Mien Hua Precision Mechanical Co., Mien Hua Precision 14.15
Ltd. Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock Ngoc Diep Aluminium 14.15
Company. Joint Stock Company.
Nhon Trach Branch of Tung Kuang Nhon Trach Branch of 14.15
Industrial Joint Stock Company. Tung Kuang
Industrial Joint
Stock Company.
Northstar Precision (Vietnam) Co., Northstar Precision 14.15
Ltd. (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium Profiles, Sapa Ben Thanh 14.15
Co., Ltd. Aluminium Profiles,
Co., Ltd.
Song Hong Aluminum Shalumi Group Song Hong Aluminum 14.15
Joint Stock Company. Shalumi Group Joint
Stock Company.
Shinyang Metal Korea Co., Ltd..... Shinyang Metal Korea 14.15
Co., Ltd.
Shinyang Metal Vietnam Co., Ltd... Shinyang Metal 14.15
Vietnam Co., Ltd.
Tan A Aluminum Company Limited.... Tan A Aluminum 14.15
Company Limited.
Tin An Investment Production Austdoor Group Joint 14.15
Trading Joint Stock Company. Stock Company.
Tin An Investment Production Viet Phap Aluminium 14.15
Trading Joint Stock Company. Factory--Viet Phap
Shal Aluminium
Joint Stock Company.
Tin Kim Plastic Joint Stock Austdoor Group Joint 14.15
Company. Stock Company.
Tin Kim Plastic Joint Stock Viet Phap Aluminium 14.15
Company. Factory--Viet Phap
Shal Aluminium
Joint Stock Company.
Tung Kuang Industrial Joint Stock Tung Kuang 14.15
Company. Industrial Joint
Stock Company.
Tung Shin Industrial Co., Ltd..... Tung Shin Industrial 14.15
Co., Ltd.
Vietnam Beta Aluminum Company Vietnam Beta 14.15
Limited. Aluminum Company
Limited.
Vietnam Yongxing Aluminium Vietnam Yongxing 14.15
Industry Co., Ltd. Aluminium Industry
Co., Ltd.
Vietnam-Wide Entity............... .................... * 41.84
------------------------------------------------------------------------
* Rate based on AFA.
[[Page 80533]]
Disclosure
Commerce intends to disclose the calculations performed in this
final determination to interested parties within five days of any
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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(4) of the Act, because Commerce
continues to find that critical circumstances exist for the Vietnam-
wide entity, we will instruct CBP to continue to suspend liquidation of
subject merchandise, as described in Appendix I of this notice,
entered, or withdrawn from warehouse, for consumption, on or after
February 7, 2024, which is 90 days prior to the date of the date of
publication of the affirmative Preliminary Determination in the Federal
Register.
In accordance with section 735(c)(1)(B) of the Act, For East Asia
and non-individually examined companies eligible for a separate rate,
we will instruct CBP to continue to suspend liquidation of all
appropriate entries of subject merchandise, as described in Appendix I
of this notice, which were entered, or withdrawn from warehouse, for
consumption on or after May 7, 2024, the date of publication in the
Federal Register of the Preliminary Determination.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for such
entries 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 Vietnamese 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
Vietnam-wide entity; and (3) for all third-country exporters of
merchandise under consideration not listed in the table above, the cash
deposit rate is the cash deposit rate applicable to the Vietnamese
producer/exporter combination or Vietnam-wide entity that supplied that
third-country exporter. These suspension of liquidation instructions
will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of aluminum
extrusions from Vietnam no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, and suspension of
liquidation will be lifted. If the ITC determines that such injury does
exist, Commerce will issue an antidumping duty order directing CBP to
assess, upon further instruction by Commerce, antidumping duties on all
imports of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a violation which is subject
to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR
351.210(c).
Dated: September 26, 2024.
Abdelali Elouaradia,
Deputy 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 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
[[Page 80534]]
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 investigation 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.
A fastener is any material or part that serves an attachment
function, fastens two or more components, or serves to prevent or
restrict movement of a component or another item. Examples of
fasteners include, but are not limited to, nuts, bolts, clamps, and
end caps.
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 units
which make up a curtain wall, and window walls and window wall
units, which collectively make up a fenestration system on the side
of a building; 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 order resulting from this investigation)
are excluded from the scope of this 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. Window walls and window wall units are not
considered windows with glass for purposes of this exclusion.
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
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
[[Page 80535]]
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 1.2mm, 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 mop parts and subassemblies and poles; banner stand
and back wall parts and subassemblies; 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 and 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 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;
[[Page 80536]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Application of Total Adverse Facts Available (AFA) to
East Asia
Comment 2: Whether To Accept East Asia's Reported Aluminum
Consumption
Comment 3: Date of Sale for East Asia's Constructed Export Price
(CEP) Sales
Comment 4: Application of AFA to East Asia's Reported Date of
Sale
Comment 5: Whether To Use Nominal Weight or Actual Weight
Comment 6: Whether To Collapse East Asia With its Affiliated
Importers and Trading Companies
Comment 7: Calculation of U.S. Credit Expenses
Comment 8: Freight Revenue
Comment 9: Interest Revenue
Comment 10: Market Economy (ME) Purchases of Aluminum Ingot
Comment 11: Valuation of Ocean Freight and Marine Insurance
Comment 12: Surrogate Value Financial Statements
Comment 13: Certain Surrogate Values (SVs)
Comment 14: Whether To Accept LIXIL's Quantity & Value (Q&V)
Questionnaire Response
Comment 15: Critical Circumstances Determination for GameChange
Comment 16: Cash Deposit Rate for the Non-Examined Separate Rate
Respondents
VI. Recommendation
[FR Doc. 2024-22791 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P