Aluminum Extrusions From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 19025-19027 [2017-08352]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices
For purposes of this investigation a
‘‘veneer’’ is a slice of wood regardless of
thickness which is cut, sliced or sawed from
a log, bolt, or flitch. The face and back
veneers are the outermost veneer of wood on
either side of the core irrespective of
additional surface coatings or covers as
described below.
The core of hardwood and decorative
plywood consists of the layer or layers of one
or more material(s) that are situated between
the face and back veneers. The core may be
composed of a range of materials, including
but not limited to hardwood, softwood,
particleboard, or medium-density fiberboard
(MDF).
All hardwood plywood is included within
the scope of this investigation regardless of
whether or not the face and/or back veneers
are surface coated or covered and whether or
not such surface coating(s) or covers obscures
the grain, textures, or markings of the wood.
Examples of surface coatings and covers
include, but are not limited to: Ultra violet
light cured polyurethanes; oil or oil-modified
or water based polyurethanes; wax; epoxyester finishes; moisture-cured urethanes;
paints; stains; paper; aluminum; high
pressure laminate; MDF; medium density
overlay (MDO); and phenolic film.
Additionally, the face veneer of hardwood
plywood may be sanded; smoothed or given
a ‘‘distressed’’ appearance through such
methods as hand-scraping or wire brushing.
All hardwood plywood is included within
the scope even if it is trimmed; cut-to-size;
notched; punched; drilled; or has underwent
other forms of minor processing.
All hardwood and decorative plywood is
included within the scope of this
investigation, without regard to dimension
(overall thickness, thickness of face veneer,
thickness of back veneer, thickness of core,
thickness of inner veneers, width, or length).
However, the most common panel sizes of
hardwood and decorative plywood are 1219
x 1829 mm (48 x 72 inches), 1219 x 2438 mm
(48 x 96 inches), and 1219 x 3048 mm (48
x 120 inches).
Subject merchandise also includes
hardwood and decorative plywood that has
been further processed in a third country,
including but not limited to trimming,
cutting, notching, punching, drilling, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope product.
The scope of the investigation excludes the
following items: (1) Structural plywood (also
known as ‘‘industrial plywood’’ or
‘‘industrial panels’’) that is manufactured to
meet U.S. Products Standard PS 1–09, PS 2–
09, or PS 2–10 for Structural Plywood
(including any revisions to that standard or
any substantially equivalent international
standard intended for structural plywood),
and which has both a face and a back veneer
of coniferous wood; (2) products which have
a face and back veneer of cork; (3)
multilayered wood flooring, as described in
the antidumping duty and countervailing
duty orders on Multilayered Wood Flooring
from the People’s Republic of China, Import
Administration, International Trade
Administration. See Multilayered Wood
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Jkt 241001
Flooring from the People’s Republic of China,
76 FR 76690 (December 8, 2011) (amended
final determination of sales at less than fair
value and antidumping duty order), and
Multilayered Wood Flooring from the
People’s Republic of China, 76 FR 76693
(December 8, 2011) (countervailing duty
order), as amended by Multilayered Wood
Flooring from the People’s Republic of China:
Amended Antidumping and Countervailing
Duty Orders, 77 FR 5484 (February 3, 2012);
(4) multilayered wood flooring with a face
veneer of bamboo or composed entirely of
bamboo; (5) plywood which has a shape or
design other than a flat panel, with the
exception of any minor processing described
above; (6) products made entirely from
bamboo and adhesives (also known as ‘‘solid
bamboo’’); and (7) Phenolic Film Faced
Plyform (PFF), also known as Phenolic
Surface Film Plywood (PSF), defined as a
panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’
bond classification as is defined by The
Engineered Wood Association, having an
opaque phenolic film layer with a weight
equal to or greater than 90g/m3 permanently
bonded on both the face and back veneers
and an opaque, moisture resistant coating
applied to the edges.
Excluded from the scope of these
investigations are wooden furniture goods
that, at the time of importation, are fully
assembled and are ready for their intended
uses. Also excluded from the scope of these
investigations is ‘‘ready to assemble’’
(‘‘RTA’’) furniture. RTA furniture is defined
as furniture packaged for sale for ultimate
purchase by an end-user that, at the time of
importation, includes (1) all wooden
components (in finished form) required to
assemble a finished unit of furniture, (2) all
accessory parts (e.g., screws, washers,
dowels, nails, handles, knobs, adhesive
glues) required to assemble a finished unit of
furniture, and (3) instructions providing
guidance on the assembly of a finished unit
of furniture.
Excluded from the scope are kitchen
cabinets that, at the time of importation, are
fully assembled and are ready for their
intended uses. Also excluded from the scope
of these investigations are RTA kitchen
cabinets. RTA kitchen cabinets are defined as
kitchen cabinets packaged for sale for
ultimate purchase by an end-user that, at the
time of importation, includes (1) all wooden
components (in finished form) required to
assemble a finished unit of cabinetry, (2) all
accessory parts (e.g., screws, washers,
dowels, nails, handles, knobs, hooks,
adhesive glues) required to assemble a
finished unit of cabinetry, and (3)
instructions providing guidance on the
assembly of a finished unit of cabinetry.
Imports of hardwood plywood are
primarily entered under the following
Harmonized Tariff Schedule of the United
States (HTSUS) subheadings: 4412.10.0500;
4412.31.0520; 4412.31.0540; 4412.31.0560;
4412.31.2510; 4412.31.2520; 4412.31.4040;
4412.31.4050; 4412.31.4060; 4412.31.4075;
4412.31.4080; 4412.31.5125; 4412.31.5135;
4412.31.5155; 4412.31.5165; 4412.31.5175;
4412.31.6000; 4412.31.9100; 4412.32.0520;
4412.32.0540; 4412.32.0565; 4412.32.0570;
4412.32.2510; 4412.32.2525; 4412.32.2530;
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19025
4412.32.3125; 4412.32.3135; 4412.32.3155;
4412.32.3165; 4412.32.3175; 4412.32.3185;
4412.32.5600; 4412.94.1030; 4412.94.1050;
4412.94.3105; 4412.94.3111; 4412.94.3121;
4412.94.3141; 4412.94.3161; 4412.94.3175;
4412.94.4100; 4412.99.0600; 4412.99.1020;
4412.99.1030; 4412.99.1040; 4412.99.3110;
4412.99.3120; 4412.99.3130; 4412.99.3140;
4412.99.3150; 4412.99.3160; 4412.99.3170;
4412.99.4100; 4412.99.5115; and
4412.99.5710.
Imports of hardwood plywood may also
enter under HTSUS subheadings
4412.39.1000; 4412.39.3000; 4412.39.4011;
4412.39.4012; 4412.39.4019; 4412.39.4031;
4412.39.4032; 4412.39.4039; 4412.39.4051;
4412.39.4052; 4412.39.4059; 4412.39.4061;
4412.39.4062; 4412.39.4069; 4412.39.5010;
4412.39.5030; 4412.39.5050; 4412.99.6000;
4412.99.7000; 4412.99.8000; 4412.99.9000;
4412.10.9000; 4412.94.5100; 4412.94.9500;
and 4412.99.9500. While the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this investigation
is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Alignment
IV. Scope Comments
V. Scope of the Investigation
VI. Injury Test
VII. Application of the CVD Law to Imports
From the PRC
VIII. Preliminary Determination of Critical
Circumstances
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Analysis of Programs
XIII. ITC Notification
XIV. Disclosure and Public Comment
XV. Verification
XVI. Conclusion
[FR Doc. 2017–08328 Filed 4–24–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967, C–570–968]
Aluminum Extrusions From the
People’s Republic of China:
Continuation of Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (Department) and the
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on aluminum extrusions from the
AGENCY:
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Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices
People’s Republic of China would likely
lead to a continuation or recurrence of
dumping and countervailable subsidies
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the AD and CVD orders.
DATES: Effective April 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold or Deborah Scott, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1121 or (202) 482–2657,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2016, the Department
published the notice of initiation of the
first sunset reviews of the AD and CVD
orders on aluminum extrusions from the
People’s Republic of China, pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act).1 As a result of the
reviews, the Department determined
that revocation of the AD order would
likely lead to a continuation or
recurrence of dumping, and that
revocation of the CVD order would
likely lead to continuation or recurrence
of countervailable subsidies.2 The
Department, therefore, notified the ITC
of the magnitude of the dumping
margins and net countervailable subsidy
rates likely to prevail should the AD and
CVD orders be revoked. On March 27,
2017, the ITC published notice of its
determination, pursuant to sections
751(c) and 752(a) of the Act, that
revocation of the AD and CVD orders on
aluminum extrusions from the People’s
Republic of China would likely lead to
a continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.3
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Scope of the Orders
The merchandise covered by the
orders is aluminum extrusions which
are shapes and forms, produced by an
extrusion process, made from aluminum
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
81 FR 18829 (April 1, 2016).
2 See Aluminum Extrusions From the People’s
Republic of China: Final Results of Expedited First
Sunset Review of the Antidumping Duty Order, 81
FR 51855 (August 5, 2016) (AD Final Results), and
Aluminum Extrusions From the People’s Republic
of China: Final Results of Expedited First Sunset
Review of the Countervailing Duty Order, 81 FR
51858 (August 5, 2016) (CVD Final Results).
3 See Certain Aluminum Extrusions From China:
Investigation Nos. 701–TA–475 and 731–TA–1177,
792 (Review), USITC Publication 4677 (March
2016); see also Aluminum Extrusions From China
Determinations, 82 FR 15716 (March 30, 2017).
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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.
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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’’
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Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices
into a finished product. An imported
product will not be considered a
‘‘finished goods kit’’ and therefore
excluded from the scope of the
investigation merely by including
fasteners such as screws, bolts, etc. in
the packaging with an aluminum
extrusion product.
The scope also excludes aluminum
alloy sheet or plates produced by other
than the extrusion process, such as
aluminum products produced by a
method of casting. Cast aluminum
products are properly identified by four
digits with a decimal point between the
third and fourth digit. A letter may also
precede the four digits. The following
Aluminum Association designations are
representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0,
C355.0, 356.0, A356.0, A357.0, 360.0,
366.0, 380.0, A380.0, 413.0, 443.0,
514.0, 518.1, and 712.0. The scope also
excludes pure, unwrought aluminum in
any form.
The scope also excludes collapsible
tubular containers composed of metallic
elements corresponding to alloy code
1080A as designated by the Aluminum
Association where the tubular container
(excluding the nozzle) meets each of the
following dimensional characteristics:
(1) Length of 37 millimeters (‘‘mm’’) or
62 mm, (2) outer diameter of 11.0 mm
or 12.7 mm, and (3) wall thickness not
exceeding 0.13 mm.
Also excluded from the scope of these
orders are finished heat sinks. Finished
heat sinks are fabricated heat sinks
made from aluminum extrusions the
design and production of which are
organized around meeting certain
specified thermal performance
requirements and which have been
fully, albeit not necessarily
individually, tested to comply with
such requirements.
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (HTSUS):
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,
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17:42 Apr 24, 2017
Jkt 241001
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 descriptions of the scope of
these orders are dispositive.
Continuation of the Orders
As a result of the determinations by
the Department and the ITC that
revocation of the AD order and the CVD
order would likely lead to a
continuation or recurrence of dumping
and countervailable subsidies,
respectively, and material injury to an
industry in the United States, pursuant
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19027
to section 751(d)(2) of the Act and 19
CFR 351.218(a), the Department hereby
orders the continuation of the AD and
CVD orders on aluminum extrusions
from the People’s Republic of China.
U.S. Customs and Border Protection
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise. The effective date of the
continuation of the orders will be the
date of publication in the Federal
Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act,
the Department intends to initiate the
next five-year sunset reviews of the
orders not later than 30 days prior to the
fifth anniversary of the effective date of
continuation.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: April 19, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–08352 Filed 4–24–17; 8:45 am]
BILLING CODE 3510–DS–P
COMMITTEE FOR THE
IMPLEMENTATION OF TEXTILE
AGREEMENTS
Determination Under the Textile and
Apparel Commercial Availability
Provision of the Dominican RepublicCentral America-United States Free
Trade Agreement (‘‘CAFTA–DR
Agreement’’)
Committee for the
Implementation of Textile Agreements.
ACTION: Determination to add a product
in unrestricted quantities to Annex 3.25
of the CAFTA–DR Agreement.
AGENCY:
DATES: Effective Date: April 25, 2017.
SUMMARY: The Committee for the
Implementation of Textile Agreements
(‘‘CITA’’) has determined that certain
woven modal-polyester print fabric, as
specified below, is not available in
commercial quantities in a timely
manner in the CAFTA–DR countries.
The product will be added to the list in
Annex 3.25 of the CAFTA–DR
Agreement in unrestricted quantities.
FOR FURTHER INFORMATION CONTACT:
Maria Goodman, Office of Textiles and
Apparel, U.S. Department of Commerce,
(202) 482–3651.
For Further Information Online:
https://web.ita.doc.gov/tacgi/
CaftaReqTrack.nsf under ‘‘Approved
Requests,’’ Reference number:
208.2017.03.20.Fabric.BWAandDillards
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[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19025-19027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08352]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China:
Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Department) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) and countervailing duty (CVD)
orders on aluminum extrusions from the
[[Page 19026]]
People's Republic of China would likely lead to a continuation or
recurrence of dumping and countervailable subsidies and material injury
to an industry in the United States, the Department is publishing a
notice of continuation of the AD and CVD orders.
DATES: Effective April 25, 2017.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Deborah Scott, AD/
CVD Operations, Office VI, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-1121 or (202)
482-2657, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2016, the Department published the notice of initiation
of the first sunset reviews of the AD and CVD orders on aluminum
extrusions from the People's Republic of China, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a result
of the reviews, the Department determined that revocation of the AD
order would likely lead to a continuation or recurrence of dumping, and
that revocation of the CVD order would likely lead to continuation or
recurrence of countervailable subsidies.\2\ The Department, therefore,
notified the ITC of the magnitude of the dumping margins and net
countervailable subsidy rates likely to prevail should the AD and CVD
orders be revoked. On March 27, 2017, the ITC published notice of its
determination, pursuant to sections 751(c) and 752(a) of the Act, that
revocation of the AD and CVD orders on aluminum extrusions from the
People's Republic of China would likely lead to a continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\3\
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\1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR
18829 (April 1, 2016).
\2\ See Aluminum Extrusions From the People's Republic of China:
Final Results of Expedited First Sunset Review of the Antidumping
Duty Order, 81 FR 51855 (August 5, 2016) (AD Final Results), and
Aluminum Extrusions From the People's Republic of China: Final
Results of Expedited First Sunset Review of the Countervailing Duty
Order, 81 FR 51858 (August 5, 2016) (CVD Final Results).
\3\ See Certain Aluminum Extrusions From China: Investigation
Nos. 701-TA-475 and 731-TA-1177, 792 (Review), USITC Publication
4677 (March 2016); see also Aluminum Extrusions From China
Determinations, 82 FR 15716 (March 30, 2017).
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Scope of the Orders
The merchandise covered by the orders is aluminum extrusions which
are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy
series designations published by The Aluminum Association commencing
with the numbers 1, 3, and 6 (or proprietary equivalents or other
certifying body equivalents). Specifically, the subject merchandise
made from aluminum alloy with an Aluminum Association series
designation commencing with the number 1 contains not less than 99
percent aluminum by weight. The subject merchandise made from aluminum
alloy with an Aluminum Association series designation commencing with
the number 3 contains manganese as the major alloying element, with
manganese accounting for not more than 3.0 percent of total materials
by weight. The subject merchandise is made from an aluminum alloy with
an Aluminum Association series designation commencing with the number 6
contains magnesium and silicon as the major alloying elements, with
magnesium accounting for at least 0.1 percent but not more than 2.0
percent of total materials by weight, and silicon accounting for at
least 0.1 percent but not more than 3.0 percent of total materials by
weight. The subject aluminum extrusions are properly identified by a
four-digit alloy series without either a decimal point or leading
letter. Illustrative examples from among the approximately 160
registered alloys that may characterize the subject merchandise are as
follows: 1350, 3003, and 6060.
Aluminum extrusions are produced and imported in a wide variety of
shapes and forms, including, but not limited to, hollow profiles, other
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that
are drawn subsequent to extrusion (drawn aluminum) are also included in
the scope.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
aluminum extrusions include, but are not limited to, extrusions that
are mill finished (i.e., without any coating or further finishing),
brushed, buffed, polished, anodized (including brightdip anodized),
liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would include,
but are not limited to, extrusions that are cut-to-length, machined,
drilled, punched, notched, 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''
[[Page 19027]]
into a finished product. An imported product will not be considered a
``finished goods kit'' and therefore excluded from the scope of the
investigation merely by including fasteners such as screws, bolts, etc.
in the packaging with an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced by
other than the extrusion process, such as aluminum products produced by
a method of casting. Cast aluminum products are properly identified by
four digits with a decimal point between the third and fourth digit. A
letter may also precede the four digits. The following Aluminum
Association designations are representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0,
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The
scope also excludes pure, unwrought aluminum in any form.
The scope also excludes collapsible tubular containers composed of
metallic elements corresponding to alloy code 1080A as designated by
the Aluminum Association where the tubular container (excluding the
nozzle) meets each of the following dimensional characteristics: (1)
Length of 37 millimeters (``mm'') or 62 mm, (2) outer diameter of 11.0
mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.
Also excluded from the scope of these orders are finished heat
sinks. Finished heat sinks are fabricated heat sinks made from aluminum
extrusions the design and production of which are organized around
meeting certain specified thermal performance requirements and which
have been fully, albeit not necessarily individually, tested to comply
with such requirements.
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 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 descriptions of the scope of these orders are
dispositive.
Continuation of the Orders
As a result of the determinations by the Department and the ITC
that revocation of the AD order and the CVD order would likely lead to
a continuation or recurrence of dumping and countervailable subsidies,
respectively, and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the
Department hereby orders the continuation of the AD and CVD orders on
aluminum extrusions from the People's Republic of China.
U.S. Customs and Border Protection will continue to collect AD and
CVD cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise. The effective date of the continuation
of the orders will be the date of publication in the Federal Register
of this notice of continuation. Pursuant to section 751(c)(2) of the
Act, the Department intends to initiate the next five-year sunset
reviews of the orders not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: April 19, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-08352 Filed 4-24-17; 8:45 am]
BILLING CODE 3510-DS-P
