[Federal Register Volume 85, Number 68 (Wednesday, April 8, 2020)]
[Notices]
[Pages 19726-19729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07378]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that each of the
companies for which an administrative review was requested, and not
withdrawn, failed to demonstrate eligibility for a separate rate;
therefore each is part of the China-wide entity.
DATES: Applicable April 8, 2020.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
[[Page 19727]]
Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On December 31, 2019, Commerce published the Preliminary Results
\1\ of the review of the antidumping duty order \2\ on aluminum
extrusions from the People's Republic of China (China) covering the
period May 1, 2018 through April 30, 2019. Although we invited
interested parties to comment on the Preliminary Results,\3\ we
received no comments. Accordingly, for these final results of review,
we adopt the determinations expressed in the Preliminary Results and
accompanying Preliminary Decision Memorandum. No decision memorandum
accompanies this Federal Register notice.\4\
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\1\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review in Part; 2018-2019, 84 FR 72294 (December 31,
2019) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
\2\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order).
\3\ See Preliminary Results, 84 FR at 72294.
\4\ For further details of the issues addressed in this
proceeding, see the Preliminary Results and accompanying Preliminary
Decision Memorandum.
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Scope of the Order
The merchandise covered by the Order is aluminum extrusions which
are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy
series designations published by The Aluminum Association commencing
with the numbers 1, 3, and 6 (or proprietary equivalents or other
certifying body equivalents). Specifically, the subject merchandise
made from aluminum alloy with an Aluminum Association series
designation commencing with the number 1 contains not less than 99
percent aluminum by weight. The subject merchandise made from aluminum
alloy with an Aluminum Association series designation commencing with
the number 3 contains manganese as the major alloying element, with
manganese accounting for not more than 3.0 percent of total materials
by weight. The subject merchandise is made from an aluminum alloy with
an Aluminum Association series designation commencing with the number 6
contains magnesium and silicon as the major alloying elements, with
magnesium accounting for at least 0.1 percent but not more than 2.0
percent of total materials by weight, and silicon accounting for at
least 0.1 percent but not more than 3.0 percent of total materials by
weight. The subject aluminum extrusions are properly identified by a
four-digit alloy series without either a decimal point or leading
letter. Illustrative examples from among the approximately 160
registered alloys that may characterize the subject merchandise are as
follows: 1350, 3003, and 6060.
Aluminum extrusions are produced and imported in a wide variety of
shapes and forms, including, but not limited to, hollow profiles, other
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that
are drawn subsequent to extrusion (drawn aluminum) are also included in
the scope.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
aluminum extrusions include, but are not limited to, extrusions that
are mill finished (i.e., without any coating or further finishing),
brushed, buffed, polished, anodized (including brightdip anodized),
liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would include,
but are not limited to, extrusions that are cut-to-length, machined,
drilled, punched, notched, bent, stretched, knurled, swedged, mitered,
chamfered, threaded, and spun. The subject merchandise includes
aluminum extrusions that are finished (coated, painted, etc.),
fabricated, or any combination thereof.
Subject aluminum extrusions may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, window frames, door
frames, solar panels, curtain walls, or furniture. Such parts that
otherwise meet the definition of aluminum extrusions are included in
the scope. The scope includes the aluminum extrusion components that
are attached (e.g., by welding or fasteners) to form subassemblies,
i.e., partially assembled merchandise unless imported as part of the
finished goods `kit' defined further below. The scope does not include
the non-aluminum extrusion components of subassemblies or subject kits.
Subject extrusions may be identified with reference to their end
use, such as fence posts, electrical conduits, door thresholds, carpet
trim, or heat sinks (that do not meet the finished heat sink
exclusionary language below). Such goods are subject merchandise if
they otherwise meet the scope definition, regardless of whether they
are ready for use at the time of importation. The following aluminum
extrusion products are excluded: Aluminum extrusions made from aluminum
alloy with an Aluminum Association series designations commencing with
the number 2 and containing in excess of 1.5 percent copper by weight;
aluminum extrusions made from aluminum alloy with an Aluminum
Association series designation commencing with the number 5 and
containing in excess of 1.0 percent magnesium by weight; and aluminum
extrusions made from aluminum alloy with an Aluminum Association series
designation commencing with the number 7 and containing in excess of
2.0 percent zinc by weight.
The scope also excludes finished merchandise containing aluminum
extrusions as parts that are fully and permanently assembled and
completed at the time of entry, such as finished windows with glass,
doors with glass or vinyl, picture frames with glass pane and backing
material, and solar panels. The scope also excludes finished goods
containing aluminum extrusions that are entered unassembled in a
``finished goods kit.'' A finished goods kit is understood to mean a
packaged combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a final
finished good and requires no further finishing or fabrication, such as
cutting or punching, and is assembled ``as is'' into a finished
product. An imported product will not be considered a ``finished goods
kit'' and therefore excluded from the scope of the Order merely by
including fasteners such as screws, bolts, etc., in the packaging with
an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced by
other than the extrusion process, such as aluminum products produced by
a method of casting. Cast aluminum products are properly identified by
four digits with a decimal point between the third and fourth digit. A
letter may also precede the four digits. The following Aluminum
Association designations are representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0,
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The
scope also excludes pure, unwrought aluminum in any form.
[[Page 19728]]
The scope also excludes collapsible tubular containers composed of
metallic elements corresponding to alloy code 1080A as designated by
the Aluminum Association where the tubular container (excluding the
nozzle) meets each of the following dimensional characteristics: (1)
Length of 37 millimeters (``mm'') or 62 mm, (2) outer diameter of 11.0
mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.
Also excluded from the scope of this Order are finished heat sinks.
Finished heat sinks are fabricated heat sinks made from aluminum
extrusions the design and production of which are organized around
meeting certain specified thermal performance requirements and which
have been fully, albeit not necessarily individually, tested to comply
with such requirements.
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 7606.12.3091, 7606.12.3096, 7604.21.0010, 7604.21.0090,
7604.29.1010, 7604.29.1090, 7604.29.3060; 7604.29.3090; 7604.29.5050;
7604.29.5090; 8541.90.00.00, 8708.10.30.50, 8708.99.68.90,
6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085,
9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90,
7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91,
7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00,
7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00,
9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50,
7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90,
8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90,
8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00,
8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80,
8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35,
8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00,
8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90,
8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60,
8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00,
8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20,
8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50,
8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85,
8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90,
8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81,
9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40,
9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60,
9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05,
9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10,
9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20,
9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.11.40.80,
9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90,
9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10,
9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00,
9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80,
9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and
9603.90.80.50.
The subject merchandise entered as parts of other aluminum products
may be classifiable under the following additional Chapter 76
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well
as under other HTSUS chapters. In addition, fin evaporator coils may be
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this Order is
dispositive.
Final Results of Review
We find that each of the companies for which an administrative
review was requested, and not withdrawn, failed to demonstrate
eligibility for a separate rate; therefore, each is part of the China-
wide entity.\5\ A list of these companies is in the attached appendix.
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\5\ For the list of companies subject to this administrative
review, see Preliminary Results, 84 FR at 72295-72296.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b)(1), Commerce will determine,
and U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries of subject merchandise in accordance
with the final results of this review. Commerce intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of review in the Federal Register. Consistent with
Commerce's assessment practice in non-market economy cases, if Commerce
determines that an exporter under review had no shipments of subject
merchandise, any suspended entries that entered under the exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
China-wide rate.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed Chinese and non-Chinese exporters not subject
to this administrative review that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the exporter-specific rate published for the most-recently completed
segment of this proceeding in which the exporter was reviewed; (2) for
all Chinese exporters of subject merchandise which have not been found
to be entitled to a separate rate,\7\ the cash deposit rate will be
that established for the China-wide entity, which is 86.01 percent; and
(3) for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter with the subject merchandise. These deposit requirements, when
imposed, shall remain in effect until further notice.
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\7\ For the list of these companies, see the appendix; see also
Preliminary Results, 84 FR at 72295-72296.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this period
of review. Failure to comply with this requirement could result in
Commerce's presumption that reimbursement of antidumping duties and/or
countervailing duties occurred and the subsequent assessment of doubled
antidumping duties.
[[Page 19729]]
Notification Regarding Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the 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 sanctionable
violation. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until May 19, 2020, unless extended.\8\
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\8\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19, 85 FR 17006 (March 26, 2020).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a) and 777(i)(1) of the Act.
Dated: April 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Companies Failing To Demonstrate Eligibility for a Separate
Rate
1. Activa Leisure Inc.
2. Allied Maker Limited
3. Birchwoods (Lin'an) Leisure Products Co., Ltd.
4. Changzhou Changzhen Evaporator Co., Ltd.
5. Changzhou Changzheng Evaporator Co., Ltd.
6. Cosco (J.M.) Aluminum Co., Ltd.
7. Cosco (JM) Aluminum Development Co., Ltd.
8. Dynabright International Group (HK) Ltd.
9. Dynamic Technologies China
10. ETLA Technology (Wuxi) Co. Ltd
11. First Union Property Limited
12. Foshan Jinlan Aluminum Co. Ltd.
13. Foshan JinLan Aluminum Co., Ltd.
14. Foshan Shanshui Fenglu Aluminum Co., Ltd.
15. Guangdong Hao Mei Aluminum Co., Ltd.
16. Guangdong Weiye Aluminum Factory Co., Ltd.
17. Guangdong Xingfa Aluminum Co., Ltd.
18. Hanwood Enterprises Limited
19. Hanyung Metal (Suzhou) Co., Ltd.
20. Honsense Development Company
21. Innovative Aluminum (Hong Kong) Limited
22. Jiangsu Changfa Refrigeration Co.
23. Jiangyin Trust International Inc.
24. Jiangyin Xinhong Doors and Windows Co., Ltd.
25. JMA (HK) Company Limited
26. Justhere Co., Ltd.
27. Kanal Precision Aluminum Product Co., Ltd
28. Kromet International
29. Kromet International Inc.
30. Kromet Intl Inc
31. Longkou Donghai Trade Co., Ltd.
32. Metaltek Group Co., Ltd.
33. Ningbo Yili Import and Export Co., Ltd.
34. North China Aluminum Co., Ltd.
35. PanAsia Aluminum (China) Limited
36. Pingguo Aluminum Company Limited
37. Pingguo Asia Aluminum Co., Ltd.
38. Popular Plastics Company Limited
39. Precision Metal Works Ltd.
40. Shangdong Nanshan Aluminum Co., Ltd.
41. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co. Ltd.
42. Shenzhen Jiuyuan Co., Ltd.
43. Skyline Exhibit Systems (Shanghai) Co. Ltd.
44. Summit Heat Sinks Metal Co, Ltd
45. tenKsolar (Shanghai) Co., Ltd.
46. Tianjin Jinmao Import & Export Corp., Ltd.
47. Tianjin Ruxin Electric Heat Transmission Technology Co., Ltd.
48. Top-Wok Metal Co., Ltd.
49. Union Industry (Asia) Co., Ltd.
50. Zhejiang Anji Xinxiang Aluminum Co., Ltd.
51. Zhejiang Yongkang Listar Aluminum Industry Co., Ltd.
52. Zhongshan Gold Mountain Aluminum Factory Ltd.
[FR Doc. 2020-07378 Filed 4-7-20; 8:45 am]
BILLING CODE 3510-DS-P