Aluminum Extrusions from the People's Republic of China: Initiation of Countervailing Duty Investigation, 22114-22118 [2010-9742]
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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 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 aluminum
extrusions that are attached (e.g., by
welding or fasteners) to form
subassemblies, i.e., partially assembled
merchandise.
Subject extrusions may be identified
with reference to their end use, such as
heat sinks, door thresholds, or carpet
trim. Such goods are subject
merchandise if they otherwise meet the
scope definition, regardless of whether
they are finished products and 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, picture
frames, and solar panels. The scope also
excludes finished goods containing
aluminum extrusions that are entered
unassembled in a ‘‘kit.’’ A kit is
understood to mean a packaged
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combination of parts that contains, at
the time of importation, all of the
necessary parts to fully assemble a final
finished good.
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.
Imports of the subject merchandise are
provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (‘‘HTS’’):
7604.21.0000, 7604.29.1000,
7604.29.3010, 7604.29.3050,
7604.29.5030, 7604.29.5060,
7608.20.0030, and 7608.20.0090. 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 HTS
chapters. While HTS subheadings are
provided for convenience and customs
purposes, the written description of the
scope in this proceeding is dispositive.
[FR Doc. 2010–9743 Filed 4–26–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(C–570–968)
Aluminum Extrusions from the
People’s Republic of China: Initiation
of Countervailing Duty Investigation
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
April 28, 2010.
FOR FURTHER INFORMATION CONTACT:
Patricia Tran and Brandon Farlander,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1503 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
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The Petition
On March 31, 2010, the Department of
Commerce (‘‘Department’’) received a
countervailing duty (‘‘CVD’’) petition
concerning imports of certain aluminum
extrusions from the People’s Republic of
China (‘‘PRC’’) filed in proper form by
the Aluminum Extrusions Fair Trade
Committee1 and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union
(collectively, ‘‘Petitioners’’). See The
Petitions for the Imposition of
Antidumping and Countervailing Duties
Against Aluminum Extrusions from the
People’s Republic of China, dated
March 31, 2010 (the Petition). On April
6, 2010, the Department issued requests
to Petitioners for additional information
and for clarification of certain areas of
the Petition. Based on the Department’s
requests, Petitioners filed a supplement
to the Petition, regarding general issues,
on April 9, 2010 (‘‘Supplement to the
AD/CVD Petitions’’).
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(‘‘Act’’), Petitioners allege that
producers/exporters of aluminum
extrusions from the PRC received
countervailable subsidies within the
meaning of sections 701 and 771(5) of
the Act, and that imports from these
producers/exporters materially injure,
and threaten further material injury to,
an industry in the United States.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because Petitioners
are interested parties, as defined in
section 771(9)(C),(D), and (F) of the Act,
and have demonstrated sufficient
industry support with respect to the
investigation that they request the
Department to initiate (see
‘‘Determination of Industry Support for
the Petition’’ below).
Period of Investigation
The period of investigation is January
1, 2009, through December 31, 2009.
Scope of Investigation
The products covered by this
investigation are aluminum extrusions
from the PRC. For a full description of
the scope of the investigation, please see
the ‘‘Scope of the Investigation’’ in
Appendix I of this notice.
1 The individual members of the Aluminum
Extrusions Fair Trade Committee are Aerolite
Extrusion Company, Alexandria Extrusion
Company, Benada Aluminum of Florida, Inc.,
William L. Bonnell Company, Inc., Frontier
Aluminum Corporation, Futura Industries
Corporation, Hydro Aluminum North America, Inc.,
Kaiser Aluminum Corporation, Profile Extrusion
Company, Sapa Extrusions, Inc., and Western
Extrusions Corporation.
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Comments on Scope of Investigation
During our review of the Petition, we
discussed the scope with Petitioners to
ensure that it is an accurate reflection of
the products for which the domestic
industry is seeking relief. Moreover, as
discussed in the preamble to the
Department’s regulations (Antidumping
Duties; Countervailing Duties; Final
Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for
interested parties to raise issues
regarding product coverage of the scope.
The Department encourages all
interested parties to submit such
comments by May 10, 2010, twenty
calendar days from the signature date of
this notice. Comments should be
addressed to Import Administration’s
APO/Dockets Unit, Room 1870, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW,
Washington, DC 20230. The period of
the scope consultations is intended to
provide the Department with ample
opportunity to consider all comments
and to consult with parties prior to the
issuance of the preliminary
determination.
Consultations
Pursuant to section 702(b)(4)(A)(ii) of
the Act, on April 1, 2010, the
Department invited representatives of
the Government of the PRC (GOC) for
consultations with respect to the CVD
petition. On April 12, 2010, the
Department held consultations with
representatives of the GOC via
conference call. See Ex–Parte
Memorandum on Consultations
regarding the Petition for Imposition of
Countervailing Duties on Aluminum
Extrusions from the People’s Republic
of China. Further discussions were held
with representatives of the GOC on
April 19, 2010. See Ex–Parte
Memorandum on Meeting with
Ambassador Zhang Yesui.
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Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
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producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method.
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
domestic like product. The U.S.
International Trade Commission (‘‘ITC’’),
which is responsible for determining
whether ‘‘the domestic industry’’ has
been injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product (section
771(10) of the Act), they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law. See USEC, Inc. v.
United States, 132 F. Supp. 2d 1, 8 (CIT
2001), citing Algoma Steel Corp. Ltd. v.
United States, 688 F. Supp. 639, 644
(CIT 1988), aff’d 865 F.2d 240 (Fed. Cir.
1989), cert. denied 492 U.S. 919 (1989).
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this subtitle.’’ Thus,
the reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, Petitioners do not offer a
definition of domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
aluminum extrusions constitute a single
domestic like product and we have
analyzed industry support in terms of
that domestic like product. For a
discussion of the domestic like product
analysis in this case, see Countervailing
Duty Investigation Initiation Checklist:
Aluminum Extrusions from the PRC
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(‘‘Initiation Checklist’’) at Attachment II,
dated concurrently with this notice and
on file in the Central Records Unit,
Room 1117 of the main Department of
Commerce building.
In determining whether Petitioners
have standing, under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of Investigation’’ section above.
To establish industry support,
Petitioners provided their production of
the domestic like product in 2009. See
Volume I of the Petition at Exhibit I–3.
In addition, Petitioners provided letters
of support from ten additional
companies that produce the domestic
like product. See id. Petitioners
compared their production and the
production of the supporters of the
Petition to the estimated total
production of the domestic like product
for the entire domestic industry. See
Volume I of the Petition at 3–4 and
Exhibits I–3 and I–4. Petitioners
estimated total industry production of
the domestic like product for 2009 using
industry–wide shipment data from the
Aluminum Association, which
according to Petitioners is ‘‘an
independent and authoritative source
for aluminum industry data.’’ See
Volume I of the Petition, at 3. We have
relied upon data Petitioners provided
for purposes of measuring industry
support. For further discussion, see
Checklist at Attachment II.
Our review of the data provided in the
Petition, supplemental submissions, and
other information readily available to
the Department indicates that
Petitioners have established industry
support. First, the Petition established
support from domestic producers (or
workers) accounting for more than 50
percent of the total production of the
domestic like product and, as such, the
Department is not required to take
further action in order to evaluate
industry support (e.g., polling). See
section 702(c)(4)(D) of the Act and
Initiation Checklist at Attachment II.
Second, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who
support the Petition account for at least
25 percent of the total production of the
domestic like product. See Initiation
Checklist at Attachment II. Finally, the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of
the Act because the domestic producers
(or workers) who support the Petition
account for more than 50 percent of the
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production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition. Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
702(b)(1) of the Act. See id.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C),(D) and (F) of the Act and they
have demonstrated sufficient industry
support with respect to the antidumping
investigation that they are requesting
the Department initiate. See id.
Initiation of Countervailing Duty
Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
proceeding whenever an interested
party files a petition on behalf of an
industry that: (1) alleges the elements
necessary for an imposition of a duty
under section 701(a) of the Act; and (2)
is accompanied by information
reasonably available to the petitioner(s)
supporting the allegations.
The Department has examined the
Petition on aluminum extrusions from
the PRC and finds that it complies with
the requirements of section 702(b) of the
Act. Therefore, in accordance with
section 702(b) of the Act, we are
initiating a CVD investigation to
Injury Test
determine whether manufacturers,
Because the PRC is a ‘‘Subsidies
producers, or exporters of aluminum
Agreement Country’’ within the meaning extrusions in the PRC receive
of section 701(b) of the Act, section
countervailable subsidies. For a
701(a)(2) of the Act applies to this
discussion of evidence supporting our
investigation. Accordingly, the ITC must initiation determination, see Initiation
Checklist.
determine whether imports of the
We are including in our investigation
subject merchandise from the PRC
the following programs alleged in the
materially injure, or threaten material
Petition to have provided
injury to, a U.S. industry.
countervailable subsidies to producers
Allegations and Evidence of Material
and exporters of the subject
Injury and Causation
merchandise in the PRC:
A. Preferential Loans and Interest Rates
Petitioners allege that imports of
1. Policy Loans to the Aluminum
aluminum extrusions from the PRC are
Extrusion Producers
benefitting from countervailable
2. Loans and Interest Subsidies
subsidies and that such imports are
Provided Pursuant to the Northeast
causing, or threaten to cause, material
Revitalization Program
injury to the domestic industry
B. Income Tax Programs
producing aluminum extrusions. In
1. Tax Exemptions for ‘‘Productive’’
addition, Petitioners allege that
FIEs (Two Free, Three Half)
subsidized imports exceed the
2. Provincial Tax Exemptions and
negligibility threshold provided for
Reductions for ‘‘Productive’’ FIEs
under section 771(24)(A) of the Act.
3. Tax Reductions for FIEs Purchasing
Chinese–Made Equipment
Petitioners contend that the industry’s
4. Tax Reductions for FIEs in
injured condition is illustrated by
Designated Geographic Locations
reduced market share, increased raw
5. Tax Reductions for Technology- or
material cost, lost sales, declining
Knowledge- Intensive FIEs
capacity, production, shipments,
6. Tax Reductions for FIEs that are
underselling and price depression or
also HNTEs
suppression, reduced employment,
7. Tax Reductions for HTNEs
hours worked, and wages paid, declines
Involved in Designated Projects
in financial performance, lost sales and
8. Tax Offsets for Research and
revenue, and an increase in import
Development at FIEs
penetration. See Volume I of the
9. Tax Credits for Domestically
Petition, at 16, 19–27, 30–33, and
Owned Companies Purchasing
Exhibits I–10 through I–15, III–33, and
Chinese–Made Equipment
Supplement to AD/CVD Petitions, dated
10. Tax Reductions for Export–
April 9, 2010, at 8–9, and Attachment 4.
Oriented FIEs
We have assessed the allegations and
11. Tax Refunds for Reinvestment of
supporting evidence regarding material
FIE Profits in Export–Oriented
injury, threat of material injury, and
Enterprises
causation, and we have determined that
these allegations are properly supported
12. Accelerated Depreciation for
by adequate evidence and meet the
Enterprises Located in the
statutory requirements for initiation. See
Northeast Region
13. Forgiveness of Tax Arrears for
Initiation Checklist at Attachment III.
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Enterprises in the Old Industrial
Bases of Northeast China
C. Other Tax Programs
1. VAT and Tariff Exemptions on
Imported Equipment
2. VAT Rebates on FIE Purchases of
Chinese–Made Equipment
3. City Tax and Surcharge Exemptions
for FIEs
4. Exemptions from Administrative
Charges for Companies in Zhaoqing
HighTech Industry Development Zone
D. Grant Programs
1. The State Key Technology
Renovation Project Fund
2. ‘‘Famous Brands’’ Awards
3. Grants to Cover Legal Fees in Trade
Remedy Cases in Shenzhen
4. Special Fund for Energy Saving
Technology Reform: Guangdong
Province
5. The Clean Production Technology
Fund
6. Grants for Listing Shares: Liaoyang
City (Guangzhou Province),
Wenzhou Municipality (Zhejiang
Province), and Quanzhou
Municipality (Fujian Province)
7. The Northeast Region Foreign
Trade Development Fund
8. The Northeast Region Technology
Reform Fund
E. Government Provision of Goods or
Services For Less Than Adequate
Remuneration (‘‘LTAR’’)
1. Land Use Rights in the Liaoyang
High–Tech Industry Development
Zone
2. Allocated Land Use Rights for SOEs
3. Primary Aluminum
F. Government Purchase of Goods For
More Than Adequate Remuneration
(‘‘MTAR’’)
For further information explaining why
the Department is investigating these
programs, see Initiation Checklist.
We are not including in our
investigation the following programs
alleged to benefit producers and
exporters of the subject merchandise in
the PRC:
A. Debt Forgiveness of Asia Aluminum
Petitioners allege that the GOC
allowed managers of Asia Aluminum to
buy the company’s assets free of certain
obligations and prohibited the original
debt holders from enforcing their legal
rights, thus effectively mandating
forgiveness of the company’s debt.
Petitioners fail to establish a financial
contribution by the government for the
alleged debt forgiveness. The facts
presented do not demonstrate that there
was a financial contribution on the part
of the government. Consequently, we do
not plan on investigating this program.
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B. Debt–to-Equity (‘‘D/E’’) Swaps for
Companies in the Aluminum Sector
Petitioners allege that the China
Development Bank and two state–
owned asset management corporations
traded approximately 3.4 billion
renminbi (‘‘RMB’’) of debt owed by
Aluminum Corporation of China and
additional debt owed by Pinguo
Aluminum for equity in the companies.
The D/E swaps detailed by Petitioners
occurred prior to the December 11,
2001, cut–off date that the Department
uses for investigating subsidies in the
PRC. Consistent with recent CVD
determinations, we continue to find that
it is appropriate and administratively
desirable to identify a uniform date from
which the Department will identify and
measure subsidies in the PRC for
purposes of the CVD law, and have
adopted December 11, 2001, the date on
which the PRC became a member of the
WTO, as that date.2 Therefore,
Petitioners have not provided the
Department with a factual basis to
conclude that D/E swaps conferring
benefits to producers of aluminum
extrusion occurred in the period in
which the Department will identify and
measure subsidies in the PRC for
purposes of the CVD law. Consequently,
we do not plan on investigating this
program.
C. Tax Exemptions and Reductions for
Enterprises that Utilize Recycled
Materials
Petitioners allege that, as reported to
the WTO, the GOC has implemented a
program to assist companies that
recycle. Petitioners fail to establish that
any subsidies under the program are
specific. In particular, they do not
support their contention that the
program is limited to an enterprise or
industry or group of enterprises or
industries. Consequently, we do not
plan on investigating this program.
D. The State Science and Technology
Support Scheme
According to Petitioners, this program
provides grants to promote research
aimed at resolving scientific or
technological problems regarding
economic and social development. The
Department finds there is insufficient
evidence to establish specificity for this
program. While Petitioners allege that
recipients of benefits under this
program are selected based on the
GOC’s designation of certain industries
for development, the evidence provided
does not support this claim.
2 See Certain Kitchen Shelving and Racks from
the People’s Republic of China: Final Affirmative
Countervailing Duty Determination, 74 FR 37012
(July 27, 2009)(‘‘KASR from the PRC’’), and
accompanying IDM at Comment 3.
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Consequently, we do not plan on
investigating this program.
We are deferring a decision on
whether to initiate an investigation of
the following programs:
A. Land Use Rights Conferred to Asia
Aluminum
Petitioners assert that the Zhaoqing
City High–Tech Development Zone
allowed aluminum producer Asia
Aluminum to acquire land use rights for
50 years, and then later, the
Development Zone returned the
payment to Asia Aluminum because of
the company’s construction of
infrastructure. The Department will
decide whether to initiate this allegation
only if Asia Aluminum is selected as a
respondent.
B. Currency Undervaluation
Petitioners allege that the GOC
intervenes in the foreign exchange
market by buying dollars and artificially
bidding up their value to ensure that the
RMB/dollar exchange rate understates
the value of the RMB vis a vis the dollar.
The Department has carefully
considered the currency allegation,
which is similar to an allegation
currently under consideration in the
pending coated paper countervailing
duty investigation from the PRC. At this
time, given the unique nature of the
alleged subsidy and the complex
methodological issues that it raises
under the CVD law, the Department has
determined that additional study of the
allegation is appropriate before an
initiation decision may be made.
Respondent Selection
For this investigation, the Department
expects to select respondents based on
CBP data for U.S. imports during the
period of investigation. We intend to
make our decision regarding respondent
selection within 20 days of publication
of this Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within seven calendar days of
publication of this Federal Register
notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
representatives of the Government of the
PRC. Because of the particularly large
number of producers/exporters
identified in the Petition, the
Department considers the service of the
public version of the Petition to the
foreign producers/exporters satisfied by
the delivery of the public version to the
Government of the PRC, consistent with
19 CFR 351.203(c)(2).
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22117
ITC Notification
We have notified the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition is filed, whether there is a
reasonable indication that imports of
subsidized aluminum extrusions from
the PRC are causing material injury, or
threatening to cause material injury, to
a U.S. industry. See section 703(a)(2) of
the Act. A negative ITC determination
will result in the investigation being
terminated; otherwise, the investigation
will proceed according to statutory and
regulatory time limits.
This notice is issued and published
pursuant to section 777(i) of the Act.
April 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Attachment I
Scope of the Investigations
The merchandise covered by these
investigations 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 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
E:\FR\FM\27APN1.SGM
27APN1
22118
Federal Register / Vol. 75, No. 80 / Tuesday, April 27, 2010 / Notices
mstockstill on DSKH9S0YB1PROD with NOTICES
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
bright–dip 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 aluminum
extrusions that are attached (e.g., by
welding or fasteners) to form
subassemblies, i.e., partially assembled
merchandise.
Subject extrusions may be identified
with reference to their end use, such as
heat sinks, door thresholds, or carpet
trim. Such goods are subject
merchandise if they otherwise meet the
scope definition, regardless of whether
they are finished products and 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
VerDate Nov<24>2008
16:09 Apr 26, 2010
Jkt 220001
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, picture
frames, and solar panels. The scope also
excludes finished goods containing
aluminum extrusions that are entered
unassembled in a ‘‘kit.’’ A 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.
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.
Imports of the subject merchandise are
provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (‘‘HTS’’):
7604.21.0000, 7604.29.1000,
7604.29.3010, 7604.29.3050,
7604.29.5030, 7604.29.5060,
7608.20.0030, and 7608.20.0090. 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 HTS
chapters. While HTS subheadings are
provided for convenience and customs
purposes, the written description of the
scope in this proceeding is dispositive.
[FR Doc. 2010–9742 Filed 4–26–10; 8:45 am]
BILLING CODE 3510–DS–S
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Notice of Invention Available for
Licensing
AGENCY: National Institute of Standards
and Technology, Commerce.
ACTION: Notice of invention available for
licensing.
SUMMARY: The invention listed below is
owned by the U.S. Government, as
represented by the Department of
Commerce. The Department of
Commerce’s interest in the invention is
available for licensing in accordance
with 35 U.S.C. 207 and 37 CFR part 404
to achieve expeditious
commercialization of results of federally
funded research and development.
FOR FURTHER INFORMATION CONTACT:
Technical and licensing information on
this invention may be obtained by
writing to: National Institute of
Standards and Technology, Office of
Technology Partnerships, Building 222,
Room A242, Gaithersburg, MD 20899.
Information is also available via
telephone: 301–975–2649, fax 301–975–
3482, or e-mail: nathalie.rioux@nist.gov.
Any request for information should
include the NIST Docket number or
Patent number and title for the
invention as indicated below. The
invention available for licensing is:
[NIST Docket Number: 06–011CIP]
Title: Gradient Elution
Electrophoresis and Detectorless
Electrophoresis Apparatus.
Abstract: A microfluidic apparatus
and method for performing
electrophoretic separation of
compounds. The apparatus comprises:
(a) A first container for containing a
sample fluid; (b) a second container for
containing a separation buffer fluid; (c)
a channel of a first length having an
inlet end and an outlet end, the inlet
end connected to the first container and
the outlet end connected to the second
container; (d) a voltage device
electrically connected to the first
container and the second container, the
voltage device facilitating adjustment of
the amount of voltage to the first
container and the second container; (e)
a controller for controlling the velocity
flow of the sample fluid through the
channel from the first container towards
the second container; and (f) a
measuring device for measuring the
current through the channel. The
method comprises the steps of: (a)
Providing a separation buffer; (b)
providing a sample solution in fluid
contact with the separation buffer; (c)
E:\FR\FM\27APN1.SGM
27APN1
Agencies
[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22114-22118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9742]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(C-570-968)
Aluminum Extrusions from the People's Republic of China:
Initiation of Countervailing Duty Investigation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 28, 2010.
FOR FURTHER INFORMATION CONTACT: Patricia Tran and Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
1503 and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
The Petition
On March 31, 2010, the Department of Commerce (``Department'')
received a countervailing duty (``CVD'') petition concerning imports of
certain aluminum extrusions from the People's Republic of China
(``PRC'') filed in proper form by the Aluminum Extrusions Fair Trade
Committee\1\ and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (collectively, ``Petitioners''). See The Petitions
for the Imposition of Antidumping and Countervailing Duties Against
Aluminum Extrusions from the People's Republic of China, dated March
31, 2010 (the Petition). On April 6, 2010, the Department issued
requests to Petitioners for additional information and for
clarification of certain areas of the Petition. Based on the
Department's requests, Petitioners filed a supplement to the Petition,
regarding general issues, on April 9, 2010 (``Supplement to the AD/CVD
Petitions'').
---------------------------------------------------------------------------
\1\ The individual members of the Aluminum Extrusions Fair Trade
Committee are Aerolite Extrusion Company, Alexandria Extrusion
Company, Benada Aluminum of Florida, Inc., William L. Bonnell
Company, Inc., Frontier Aluminum Corporation, Futura Industries
Corporation, Hydro Aluminum North America, Inc., Kaiser Aluminum
Corporation, Profile Extrusion Company, Sapa Extrusions, Inc., and
Western Extrusions Corporation.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (``Act''), Petitioners allege that producers/exporters of
aluminum extrusions from the PRC received countervailable subsidies
within the meaning of sections 701 and 771(5) of the Act, and that
imports from these producers/exporters materially injure, and threaten
further material injury to, an industry in the United States.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because Petitioners are interested parties, as
defined in section 771(9)(C),(D), and (F) of the Act, and have
demonstrated sufficient industry support with respect to the
investigation that they request the Department to initiate (see
``Determination of Industry Support for the Petition'' below).
Period of Investigation
The period of investigation is January 1, 2009, through December
31, 2009.
Scope of Investigation
The products covered by this investigation are aluminum extrusions
from the PRC. For a full description of the scope of the investigation,
please see the ``Scope of the Investigation'' in Appendix I of this
notice.
[[Page 22115]]
Comments on Scope of Investigation
During our review of the Petition, we discussed the scope with
Petitioners to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the Department's regulations (Antidumping
Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997)), we are setting aside a period for interested parties to raise
issues regarding product coverage of the scope. The Department
encourages all interested parties to submit such comments by May 10,
2010, twenty calendar days from the signature date of this notice.
Comments should be addressed to Import Administration's APO/Dockets
Unit, Room 1870, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230. The period of the scope
consultations is intended to provide the Department with ample
opportunity to consider all comments and to consult with parties prior
to the issuance of the preliminary determination.
Consultations
Pursuant to section 702(b)(4)(A)(ii) of the Act, on April 1, 2010,
the Department invited representatives of the Government of the PRC
(GOC) for consultations with respect to the CVD petition. On April 12,
2010, the Department held consultations with representatives of the GOC
via conference call. See Ex-Parte Memorandum on Consultations regarding
the Petition for Imposition of Countervailing Duties on Aluminum
Extrusions from the People's Republic of China. Further discussions
were held with representatives of the GOC on April 19, 2010. See Ex-
Parte Memorandum on Meeting with Ambassador Zhang Yesui.
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product (section 771(10) of the Act), they
do so for different purposes and pursuant to a separate and distinct
authority. In addition, the Department's determination is subject to
limitations of time and information. Although this may result in
different definitions of the like product, such differences do not
render the decision of either agency contrary to law. See USEC, Inc. v.
United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma Steel
Corp. Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd
865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this subtitle.'' Thus, the reference point from which the
domestic like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioners do not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that aluminum extrusions constitute a
single domestic like product and we have analyzed industry support in
terms of that domestic like product. For a discussion of the domestic
like product analysis in this case, see Countervailing Duty
Investigation Initiation Checklist: Aluminum Extrusions from the PRC
(``Initiation Checklist'') at Attachment II, dated concurrently with
this notice and on file in the Central Records Unit, Room 1117 of the
main Department of Commerce building.
In determining whether Petitioners have standing, under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of Investigation'' section above. To
establish industry support, Petitioners provided their production of
the domestic like product in 2009. See Volume I of the Petition at
Exhibit I-3. In addition, Petitioners provided letters of support from
ten additional companies that produce the domestic like product. See
id. Petitioners compared their production and the production of the
supporters of the Petition to the estimated total production of the
domestic like product for the entire domestic industry. See Volume I of
the Petition at 3-4 and Exhibits I-3 and I-4. Petitioners estimated
total industry production of the domestic like product for 2009 using
industry-wide shipment data from the Aluminum Association, which
according to Petitioners is ``an independent and authoritative source
for aluminum industry data.'' See Volume I of the Petition, at 3. We
have relied upon data Petitioners provided for purposes of measuring
industry support. For further discussion, see Checklist at Attachment
II.
Our review of the data provided in the Petition, supplemental
submissions, and other information readily available to the Department
indicates that Petitioners have established industry support. First,
the Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, the Department is not required to
take further action in order to evaluate industry support (e.g.,
polling). See section 702(c)(4)(D) of the Act and Initiation Checklist
at Attachment II. Second, the domestic producers (or workers) have met
the statutory criteria for industry support under section
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product. See Initiation Checklist at
Attachment II. Finally, the domestic producers (or workers) have met
the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers (or workers)
who support the Petition account for more than 50 percent of the
[[Page 22116]]
production of the domestic like product produced by that portion of the
industry expressing support for, or opposition to, the Petition.
Accordingly, the Department determines that the Petition was filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act. See id.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C),(D) and (F) of the Act and they have demonstrated
sufficient industry support with respect to the antidumping
investigation that they are requesting the Department initiate. See id.
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of aluminum extrusions from the PRC
are benefitting from countervailable subsidies and that such imports
are causing, or threaten to cause, material injury to the domestic
industry producing aluminum extrusions. In addition, Petitioners allege
that subsidized imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.
Petitioners contend that the industry's injured condition is
illustrated by reduced market share, increased raw material cost, lost
sales, declining capacity, production, shipments, underselling and
price depression or suppression, reduced employment, hours worked, and
wages paid, declines in financial performance, lost sales and revenue,
and an increase in import penetration. See Volume I of the Petition, at
16, 19-27, 30-33, and Exhibits I-10 through I-15, III-33, and
Supplement to AD/CVD Petitions, dated April 9, 2010, at 8-9, and
Attachment 4. We have assessed the allegations and supporting evidence
regarding material injury, threat of material injury, and causation,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for initiation.
See Initiation Checklist at Attachment III.
Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD proceeding whenever an interested party files a petition on behalf
of an industry that: (1) alleges the elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to the petitioner(s)
supporting the allegations.
The Department has examined the Petition on aluminum extrusions
from the PRC and finds that it complies with the requirements of
section 702(b) of the Act. Therefore, in accordance with section 702(b)
of the Act, we are initiating a CVD investigation to determine whether
manufacturers, producers, or exporters of aluminum extrusions in the
PRC receive countervailable subsidies. For a discussion of evidence
supporting our initiation determination, see Initiation Checklist.
We are including in our investigation the following programs
alleged in the Petition to have provided countervailable subsidies to
producers and exporters of the subject merchandise in the PRC:
A. Preferential Loans and Interest Rates
1. Policy Loans to the Aluminum Extrusion Producers
2. Loans and Interest Subsidies Provided Pursuant to the Northeast
Revitalization Program
B. Income Tax Programs
1. Tax Exemptions for ``Productive'' FIEs (Two Free, Three Half)
2. Provincial Tax Exemptions and Reductions for ``Productive'' FIEs
3. Tax Reductions for FIEs Purchasing Chinese-Made Equipment
4. Tax Reductions for FIEs in Designated Geographic Locations
5. Tax Reductions for Technology- or Knowledge- Intensive FIEs
6. Tax Reductions for FIEs that are also HNTEs
7. Tax Reductions for HTNEs Involved in Designated Projects
8. Tax Offsets for Research and Development at FIEs
9. Tax Credits for Domestically Owned Companies Purchasing Chinese-
Made Equipment
10. Tax Reductions for Export-Oriented FIEs
11. Tax Refunds for Reinvestment of FIE Profits in Export-Oriented
Enterprises
12. Accelerated Depreciation for Enterprises Located in the
Northeast Region
13. Forgiveness of Tax Arrears for Enterprises in the Old
Industrial Bases of Northeast China
C. Other Tax Programs
1. VAT and Tariff Exemptions on Imported Equipment
2. VAT Rebates on FIE Purchases of Chinese-Made Equipment
3. City Tax and Surcharge Exemptions for FIEs
4. Exemptions from Administrative Charges for Companies in Zhaoqing
High-
Tech Industry Development Zone
D. Grant Programs
1. The State Key Technology Renovation Project Fund
2. ``Famous Brands'' Awards
3. Grants to Cover Legal Fees in Trade Remedy Cases in Shenzhen
4. Special Fund for Energy Saving Technology Reform: Guangdong
Province
5. The Clean Production Technology Fund
6. Grants for Listing Shares: Liaoyang City (Guangzhou Province),
Wenzhou Municipality (Zhejiang Province), and Quanzhou Municipality
(Fujian Province)
7. The Northeast Region Foreign Trade Development Fund
8. The Northeast Region Technology Reform Fund
E. Government Provision of Goods or Services For Less Than Adequate
Remuneration (``LTAR'')
1. Land Use Rights in the Liaoyang High-Tech Industry Development
Zone
2. Allocated Land Use Rights for SOEs
3. Primary Aluminum
F. Government Purchase of Goods For More Than Adequate Remuneration
(``MTAR'')
For further information explaining why the Department is investigating
these programs, see Initiation Checklist.
We are not including in our investigation the following programs
alleged to benefit producers and exporters of the subject merchandise
in the PRC:
A. Debt Forgiveness of Asia Aluminum
Petitioners allege that the GOC allowed managers of Asia Aluminum
to buy the company's assets free of certain obligations and prohibited
the original debt holders from enforcing their legal rights, thus
effectively mandating forgiveness of the company's debt. Petitioners
fail to establish a financial contribution by the government for the
alleged debt forgiveness. The facts presented do not demonstrate that
there was a financial contribution on the part of the government.
Consequently, we do not plan on investigating this program.
[[Page 22117]]
B. Debt-to-Equity (``D/E'') Swaps for Companies in the Aluminum Sector
Petitioners allege that the China Development Bank and two state-
owned asset management corporations traded approximately 3.4 billion
renminbi (``RMB'') of debt owed by Aluminum Corporation of China and
additional debt owed by Pinguo Aluminum for equity in the companies.
The D/E swaps detailed by Petitioners occurred prior to the December
11, 2001, cut-off date that the Department uses for investigating
subsidies in the PRC. Consistent with recent CVD determinations, we
continue to find that it is appropriate and administratively desirable
to identify a uniform date from which the Department will identify and
measure subsidies in the PRC for purposes of the CVD law, and have
adopted December 11, 2001, the date on which the PRC became a member of
the WTO, as that date.\2\ Therefore, Petitioners have not provided the
Department with a factual basis to conclude that D/E swaps conferring
benefits to producers of aluminum extrusion occurred in the period in
which the Department will identify and measure subsidies in the PRC for
purposes of the CVD law. Consequently, we do not plan on investigating
this program.
---------------------------------------------------------------------------
\2\ See Certain Kitchen Shelving and Racks from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination, 74 FR 37012 (July 27, 2009)(``KASR from the PRC''),
and accompanying IDM at Comment 3.
---------------------------------------------------------------------------
C. Tax Exemptions and Reductions for Enterprises that Utilize Recycled
Materials
Petitioners allege that, as reported to the WTO, the GOC has
implemented a program to assist companies that recycle. Petitioners
fail to establish that any subsidies under the program are specific. In
particular, they do not support their contention that the program is
limited to an enterprise or industry or group of enterprises or
industries. Consequently, we do not plan on investigating this program.
D. The State Science and Technology Support Scheme
According to Petitioners, this program provides grants to promote
research aimed at resolving scientific or technological problems
regarding economic and social development. The Department finds there
is insufficient evidence to establish specificity for this program.
While Petitioners allege that recipients of benefits under this program
are selected based on the GOC's designation of certain industries for
development, the evidence provided does not support this claim.
Consequently, we do not plan on investigating this program.
We are deferring a decision on whether to initiate an investigation
of the following programs:
A. Land Use Rights Conferred to Asia Aluminum
Petitioners assert that the Zhaoqing City High-Tech Development
Zone allowed aluminum producer Asia Aluminum to acquire land use rights
for 50 years, and then later, the Development Zone returned the payment
to Asia Aluminum because of the company's construction of
infrastructure. The Department will decide whether to initiate this
allegation only if Asia Aluminum is selected as a respondent.
B. Currency Undervaluation
Petitioners allege that the GOC intervenes in the foreign exchange
market by buying dollars and artificially bidding up their value to
ensure that the RMB/dollar exchange rate understates the value of the
RMB vis a vis the dollar. The Department has carefully considered the
currency allegation, which is similar to an allegation currently under
consideration in the pending coated paper countervailing duty
investigation from the PRC. At this time, given the unique nature of
the alleged subsidy and the complex methodological issues that it
raises under the CVD law, the Department has determined that additional
study of the allegation is appropriate before an initiation decision
may be made.
Respondent Selection
For this investigation, the Department expects to select
respondents based on CBP data for U.S. imports during the period of
investigation. We intend to make our decision regarding respondent
selection within 20 days of publication of this Federal Register
notice. The Department invites comments regarding the CBP data and
respondent selection within seven calendar days of publication of this
Federal Register notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the representatives of the Government of the PRC. Because
of the particularly large number of producers/exporters identified in
the Petition, the Department considers the service of the public
version of the Petition to the foreign producers/exporters satisfied by
the delivery of the public version to the Government of the PRC,
consistent with 19 CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition is filed, whether there is a reasonable
indication that imports of subsidized aluminum extrusions from the PRC
are causing material injury, or threatening to cause material injury,
to a U.S. industry. See section 703(a)(2) of the Act. A negative ITC
determination will result in the investigation being terminated;
otherwise, the investigation will proceed according to statutory and
regulatory time limits.
This notice is issued and published pursuant to section 777(i) of
the Act.
April 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Attachment I
Scope of the Investigations
The merchandise covered by these investigations 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 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
[[Page 22118]]
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 bright-dip 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 aluminum extrusions that are attached (e.g., by
welding or fasteners) to form subassemblies, i.e., partially assembled
merchandise.
Subject extrusions may be identified with reference to their end use,
such as heat sinks, door thresholds, or carpet trim. Such goods are
subject merchandise if they otherwise meet the scope definition,
regardless of whether they are finished products and 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, picture frames, and solar panels. The scope also excludes
finished goods containing aluminum extrusions that are entered
unassembled in a ``kit.'' A 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.
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.
Imports of the subject merchandise are provided for under the following
categories of the Harmonized Tariff Schedule of the United States
(``HTS''): 7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050,
7604.29.5030, 7604.29.5060, 7608.20.0030, and 7608.20.0090. 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
HTS chapters. While HTS subheadings are provided for convenience and
customs purposes, the written description of the scope in this
proceeding is dispositive.
[FR Doc. 2010-9742 Filed 4-26-10; 8:45 am]
BILLING CODE 3510-DS-S