Aluminum Extrusions From the People's Republic of China: Notice of Amended Preliminary Determination of Sales at Less Than Fair Value, 323-327 [2010-32867]
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Information Systems Technical
Advisory Committee; Notice of
Partially Closed Meeting
that the portion of the meeting
concerning trade secrets and
commercial or financial information
deemed privileged or confidential as
described in 5 U.S.C. 552b(c)(4) and the
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app. 2 §§ 10(a)(1) and 10(a)(3). The
remaining portions of the meeting will
be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
The Information Systems Technical
Advisory Committee (ISTAC) will meet
on January 26 and 27, 2011, 9 a.m., at
the Space and Naval Warfare Systems
Center (SPAWAR), Building 33, Cloud
Room, 53560 Hull Street, San Diego,
California 92152. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
technical questions that affect the level
of export controls applicable to
information systems equipment and
technology.
Dated: December 29, 2010.
Yvette Springer,
Committee Liaison Officer.
Wednesday, January 26
[FR Doc. 2010–33220 Filed 1–3–11; 8:45 am]
Open Session
BILLING CODE 3510–JT–P
1. Welcome and Introductions
2. Working Groups Reports
3. Intel Technology Roadmap
4. EDA Overview and Relation to
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5. Godson Microprocessor Project
6. Autonomous Vehicle Project
7. Cloud Computing, Technology and
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DEPARTMENT OF COMMERCE
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The Assistant Secretary for
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the delegate of the General Counsel,
formally determined on December 14,
2010, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 § (10)(d))),
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accepted. To the extent that time
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present oral statements to the
Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of public presentation
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the Committee suggests that the
materials be forwarded before the
meeting to Ms. Springer.
The Assistant Secretary for
Administration, with the concurrence of
the General Counsel, formally
determined on December 14, 2010
pursuant to section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d)), that the portion
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For more information contact Yvette
Springer on (202) 482–2813.
Sensors and Instrumentation
Technical Advisory Committee; Notice
of Partially Closed Meeting
Thursday, January 27
323
Dated: December 29, 2010.
Yvette Springer,
Committee Liaison Officer.
The Sensors and Instrumentation
Technical Advisory Committee (SITAC)
will meet on January 25, 2011, 9:30
a.m., in the Herbert C. Hoover Building,
Room 3884, 14th Street between
Constitution and Pennsylvania
Avenues, NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration on technical questions
that affect the level of export controls
applicable to sensors and
instrumentation equipment and
technology.
[FR Doc. 2010–33222 Filed 1–3–11; 8:45 am]
Agenda:
Public Session:
1. Welcome and Introductions.
2. Remarks from the Bureau of
Industry and Security Management.
3. Industry Presentations.
4. New Business.
Closed Session:
5. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
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conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
January 18, 2011.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
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BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China: Notice of
Amended Preliminary Determination of
Sales at Less Than Fair Value
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: January 4, 2011.
SUMMARY: The Department of Commerce
(‘‘Department’’) has determined that it
made certain significant ministerial
errors in the preliminary determination
of sales at less than fair value in the
antidumping duty investigation of
aluminum extrusions from the People’s
Republic of China (‘‘PRC’’) as described
below in the SUPPLEMENTARY
INFORMATION section of this notice. The
Department has corrected these errors
and has re-calculated the antidumping
duty margins for a mandatory
respondent and for exporters eligible for
a separate rate as shown below in the
‘‘Amended Preliminary Determination’’
section of this notice.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz or Eugene Degnan, Import
AGENCY:
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4474, or 482–0414,
respectively.
SUPPLEMENTARY INFORMATION:
On November 12, 2010, the
Department published its affirmative
preliminary determination in this
proceeding that aluminum extrusions
from the PRC are being, or are likely to
be, sold in the United States at less than
fair value, as provided by section 773 of
the Tariff Act of 1930, as amended (the
‘‘Act’’). See Aluminum Extrusions From
the People’s Republic of China: Notice
of Preliminary Determination of Sales at
Less Than Fair Value, and Preliminary
Determination of Targeted Dumping, 75
FR 69403 (November 12, 2010)
(‘‘Preliminary Determination’’).
On November 15, 2010, and
November 16, 2010, the Guang Ya
Aluminium Industries Co., Ltd., Foshan
Guangcheng Aluminium Co., Ltd., Kong
Ah International Company Limited, and
Guang Ya Aluminium Industries (Hong
Kong) Limited, (collectively, ‘‘Guang Ya
Group’’) and Zhaoqing New Zhongya
Aluminum Co., Ltd., Zhongya Shaped
Aluminium (HK) Holding Limited, and
Karlton Aluminum Company Ltd.
(collectively ‘‘New Zhongya’’) submitted
timely ministerial error allegations with
respect to the Department’s Preliminary
Determination. Therefore, in accordance
to section 351.224(e) of the
Department’s regulations, we have made
changes, as discussed below, to the
Preliminary Determination.
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Period of Investigation
The period of investigation (‘‘POI’’) is
July 1, 2009, through December 31,
2009. This period corresponds to the
two most recent fiscal quarters prior to
the month of the filing of the petition,
which was March 2009. See 19 CFR
351.204(b)(1).
Scope of Investigation
The merchandise covered by this
investigation 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
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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
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.
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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
designation 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.
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
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
Co., Ltd. (‘‘Xinya’’) 1 (collectively ‘‘Guang
Ya Group/New Zhongya/Xinya’’).
Significant Ministerial Error
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following dimensional characteristics:
(1) Length of 37 mm or 62 mm, (2) outer
diameter of 11.0 mm or 12.7 mm, and
(3) wall thickness not exceeding 0.13
mm.
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.
New Zhongya
New Zhongya argues that the
Department committed a ministerial
error by failing to correct respondent’s
database reporting errors relating to (1)
certain movement expenses, and (2) the
‘‘packing-paper’’ consumption factor of
production.
With respect to New Zhongya’s
assertion that the Department
committed a ministerial error by failing
to correct certain incorrectly reported
movement expenses, the Department
disagrees.
While the Department corrected
several database reporting errors
committed by New Zhongya and the
Guang Ya Group for purposes of the
Preliminary Determination,2 the
Department was not able to identify all
of their errors, nor should it be expected
to. It is the responsibility of respondents
to provide complete and accurate
information and data to the Department;
however, in this case, the errors in
question are reporting errors made by
the respondent, not ministerial errors
made by the Department. Accordingly,
the Department finds that New Zhongya
and the Guang Ya Group’s database
reporting errors relating to certain
Ministerial errors are defined in
section 735(e) of the Act as ‘‘errors in
addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ Section 351.224(e) of the
Department’s regulations provides that
the Department ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination * * *.’’ See 19 CFR
361.224(e). A significant ministerial
error is defined as a ministerial error,
the correction of which, either singly or
in combination with other errors, would
result in (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the original (erroneous) preliminary
determination, or (2) a difference
between a weighted-average dumping
margin of zero (or de minimis) and a
weighted-average dumping margin of
greater than de minimis or vice versa.
See 19 CFR 351.224(g).
In accordance with 19 CFR 351.224(e)
and (g)(1), the Department is amending
the preliminary determination of sales
at less than fair value in the
antidumping duty investigation of
aluminum extrusions from the PRC to
reflect the correction of significant
ministerial errors it made in the margin
calculations regarding the mandatory
respondent in this investigation Guang
Ya Group, New Zhongya, and Xinya
Aluminum & Stainless Steel Product
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Ministerial-Error Allegation
The Guang Ya Group
The Guang Ya Group argues that the
Department erred by inadvertently
applying an incorrect ratio for the
Guang Ya Group’s U.S. indirect selling
expense in the SAS margin calculation
program by coding the decimal point in
the wrong place. The Department
agrees, and finds that this error qualifies
as a ministerial error in accordance with
section 735(e) of the Act. Moreover, the
Department determines that correcting
this error would result in a change of at
least five absolute percentage points in,
but not less than 25 percent of, the
weighted-average dumping margin
calculated in the original (erroneous)
preliminary determination, and thus has
corrected the error.
1 This entity is also known as New Asia
Aluminum & Stainless Steel Product Co., Ltd.
2 See October 27, 2010, memorandum from Paul
Stolz, Senior International Trade Compliance
Analyst, to Eugene Degnan, Program Manager,
regarding the Preliminary Determination Analysis
Memorandum for Guang Ya Aluminium Industries
Co., Ltd., Foshan Guangcheng Aluminium Co., Ltd.,
Kong Ah International Company Limited, and
Guang Ya Aluminium Industries (Hong Kong)
Limited, (collectively, ‘‘GYG’’) and (2) Zhaoqing
New Zhongya Aluminum Co., Ltd., Zhongya
Shaped Aluminium (HK) Holding Limited
(collectively ‘‘NZ’’) and (3) Xinya Aluminum &
Stainless Steel Product Co., Ltd. (‘‘Xinya’’).
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325
movement expenses do not constitute
ministerial errors by the Department
pursuant to section 735(e) of the Act,
and thus has not corrected respondents’
reporting errors for this amended
preliminary determination.
With respect to New Zhongya’s
assertion that the Department
committed a ministerial error by failing
to correct Guang Ya Group/New
Zhongya’s database reporting error for
the ‘‘packing-paper’’ consumption factor
of production (‘‘FOP’’), the Department
also disagrees. Specifically, Guang Ya
Group/New Zhongya erred in reporting
its consumption of ‘‘packing-paper’’ in
the consolidated FOP databases by
inadvertently failing to convert the
reporting basis from kilograms per
metric ton to kilograms per kilogram,
but indicating in the database that it had
made this conversion which resulted in
applying inconsistent units of measure
for the consumption of the ‘‘packingpaper’’ input. While Guang Ya Group/
New Zhongya neglected to convert the
units of measure relating to ‘‘packingpaper,’’ it did correctly convert, and
report, the units of measure for other
factors of production when
consolidating their FOP databases.
Therefore, the Department finds that
this constitutes a reporting error by
respondent, not a ministerial error by
the Department pursuant to section
735(e) of the Act, and thus has not
corrected respondents’ reporting error
for this amended preliminary
determination.
Additional Ministerial Error
Additionally, in reviewing the
antidumping duty margin calculations
in light of the ministerial error
allegations raised by parties in this
investigation, the Department has
identified an error committed by the
Department regarding the calculation of
the surrogate value for labor that
constitutes a ministerial error pursuant
to section 735(e) of the Act.
In applying the procedures discussed
in the Factors of Production
memorandum issued concurrently with
the Preliminary Determination, the
Department erred in identifying the
significant producers of comparable
merchandise. The Department
committed a ministerial error when
downloading the Global Trade Atlas
(‘‘GTA’’) export data by inadvertently (1)
selecting data from years 2008 through
2010, and (2) limiting the data to
exports from January to August, which
resulted in an incomplete and
inapplicable dataset because the export
list (e.g., 2010) post-dates the instant
POI. In identifying whether a country is
a significant producer of comparable
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Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
merchandise, it is the Department’s
practice to rely on annualized GTA
export data based on the three years
leading up to the end of the relevant
POI, (in this case that should be 2007
through 2009).
Therefore, for this amended
preliminary determination, the
Department has corrected the
ministerial error and recalculated the
surrogate labor rate. For the revised
labor rate calculation, see Investigation
of Certain Aluminum Extrusions from
the People’s Republic of China: Petition
Rate recalculation, at Attachment I. For
further discussion of the ministerial
error allegations and the Department’s
positions, see the ‘‘Ministerial Error
Memorandum, Aluminum Extrusions
from the People’s Republic of China,
Preliminary Determination of Sales at
Less Than Fair Value,’’ dated December
21, 2010; see also Appendix I for a list
of the ministerial error allegations.
Recalculated Initiation Margins
As a result of correcting the
ministerial errors discussed above, the
Department has revised the overall
antidumping duty rate for the
mandatory respondent to a rate that falls
below the initiation margins. While the
Department normally does not
recalculate the petition rates, the
initiation margins were calculated using
the Department’s regression analysis as
a basis for the labor surrogate value, and
the regulation regarding that analysis
was invalidated by the Court of Appeals
for the Federal Circuit in Dorbest IV.3
Therefore, in light of the Federal Circuit
decision, the Department has adjusted
the Petition rates using the revised
surrogate value for labor discussed
above, resulting in adjusted Petition
rates ranging from 32.44 to 33.18
percent.4
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Corroboration
As a result of correcting the
ministerial errors discussed above, and
the subsequent revision of the
antidumping duty rate for the
3 See Dorbest Ltd. v. United States, 604 F.3d 1363,
1372 (CAFC 2010) (‘‘Dorbest IV’’).
4 See Id. See also December 21, 2010, Ministerial
Error Memorandum, Aluminum Extrusions from
the People’s Republic of China, Preliminary
Determination of Sales at Less Than Fair Value, at
Issue 4; and December 21, 2010, Memorandum to
the File, regarding Investigation of Certain
Aluminum Extrusions from the People’s Republic
of China: Petition Rate recalculation.
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mandatory respondent to a rate below
the adjusted initiation margin, the
Department has determined to use the
highest adjusted petition rate when
applying adverse facts available
(‘‘AFA’’).5 Section 776(c) of the Act
provides that, when the Department
relies on secondary information rather
than on information obtained in the
course of an investigation as FA, it
must, to the extent practicable,
corroborate that information from
independent sources reasonably at its
disposal. Secondary information is
described as ‘‘information derived from
the petition that gave rise to the
investigation or review, the final
determination concerning the subject
merchandise, or any previous review
under section 751 concerning the
merchandise subject to this
investigation.’’ 6 To ‘‘corroborate’’ means
that the Department will satisfy itself
that the secondary information to be
used has probative value. Independent
sources used to corroborate may
include, for example, published price
lists, official import statistics and
customs data, and information obtained
from interested parties during the
particular investigation. To corroborate
secondary information, the Department
will, to the extent practicable, examine
the reliability and relevance of the
information used.7
To corroborate the AFA margin that
we have selected, we compared this
margin to the transaction-specific
margins we found for the cooperating
mandatory respondents. We found that
the margin of 33.18 percent has
probative value because it is in the
range of the transaction-specific margins
5 See December 10, 2010, Memorandum to the
File, regarding Investigation of Certain Aluminum
Extrusions from the People’s Republic of China:
Petition Rate recalculation.
6 See ‘‘Statement of Administrative Action’’
accompanying the URAA, H.R. Rep. No. 103–316,
vol. 1, at 870 (1994) (‘‘SAA’’).
7 See Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From Japan, and Tapered
Roller Bearings, Four Inches or Less in Outside
Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty
Administrative Reviews and Partial Termination of
Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), and unchanged in Tapered
Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan; and Tapered Roller
Bearings, Four Inches or Less in Outside Diameter,
and Components Thereof, From Japan; Final
Results of Antidumping Duty Administrative
Reviews and Termination in Part, 62 FR 11825
(March 13, 1997).
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that we found for Guang Ya Group/New
Zhongya/Xinya during the period of
investigation. See Amended Preliminary
Determination Analysis Memorandum
dated concurrently with this notice.
Accordingly, we find this rate is reliable
and relevant, considering the record
information, and thus, has probative
value. See Amended Preliminary
Determination Analysis Memorandum
dated concurrently with this notice.
Given that numerous PRC-wide
entities did not respond to the
Department’s requests for information in
this investigation, the Department
concludes that the updated petition rate
of 33.18 percent, as total AFA for the
PRC-wide entity, is sufficiently adverse
to prevent these respondents from
benefitting from their lack of
cooperation. See SAA at 870.
Accordingly, we find that the rate of
33.18 percent is corroborated to the
extent practicable within the meaning of
section 776(c) of the Act.
Consequently, we are applying 33.18
percent as the single antidumping rate
to the PRC-wide entity. The PRC-wide
rate applies to all entries of the
merchandise under investigation except
for entries from Guang Ya Group/New
Zhongya/Xinya and the separate rate
applicants, listed below, receiving a
separate rate.
Amended Preliminary Determination
We are publishing this amended
preliminary determination pursuant to
19 CFR 351.224(e). As a result of this
amended preliminary determination, we
have revised the antidumping rate for
Guang Ya Group/New Zhongya/Xinya.
In addition, we have revised the
separate rate based on Guang Ya Group/
New Zhongya/Xinya’s revised dumping
margin. Because Guang Ya Group/New
Zhongya/Xinya’s revised dumping
margin is lower than the Petition rate,
we have also revised the PRC-wide
entity rate. The margin for the
companies granted separate-rate status
must also be revised because the margin
for those companies was derived from
the Guang Ya Group/New Zhongya/
Xinya margin.
As a result of our correction of
significant ministerial errors in the
Preliminary Determination, we have
determined that the following weightedaverage dumping margins apply:
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327
Federal Register / Vol. 76, No. 2 / Tuesday, January 4, 2011 / Notices
Weightedaverage
margin
Exporter
Producer
Guang Ya Aluminium Industries Co., Ltd; Foshan Guangcheng
Aluminium Co., Ltd; Kong Ah International Company Limited;
Guang Ya Aluminium Industries (Hong Kong) Limited;
Zhaoqing New Zhongya Aluminum Co., Ltd; Zhongya
Shaped Aluminium (HK) Holding Limited; Karlton Aluminum
Company Ltd; Xinya Aluminum & Stainless Steel Product
Co., Ltd (A.K.A. New Asia Aluminum & Stainless Steel Product Co., Ltd).
Alnan Aluminium Co., Ltd ...........................................................
Changshu Changsheng Aluminium Products Co., Ltd ...............
China Square Industrial Limited .................................................
Cosco (J.M) Aluminium Co., Ltd .................................................
Guang Ya Aluminium Industries Co., Ltd; Foshan
Guangcheng Aluminium Co., Ltd; Kong Ah International
Company Limited; Guang Ya Aluminium Industries (Hong
Kong) Limited; Zhaoqing New Zhongya Aluminum Co., Ltd;
Zhongya Shaped Aluminium (HK) Holding Limited; Karlton
Aluminum Company Ltd; Xinya Aluminum & Stainless Steel
Product Co., Ltd (A.K.A. New Asia Aluminum & Stainless
Steel Product Co., Ltd).
Alnan Aluminium Co., Ltd ..........................................................
Changshu Changsheng Aluminium Products Co., Ltd ..............
Zhaoqing China Square Industry Limited ..................................
Cosco (J.M) Aluminium Co., Ltd; Jiangmen Qunxing Hardware
Diecasting Co., Ltd.
Top-Wok Metal Co., Ltd .............................................................
Foshan Jinlan Aluminium Co.; Ltd .............................................
Foshan Sanshui Fenglu Aluminium Co., Ltd .............................
Guangdong Hao Mei Aluminium Co., Ltd ..................................
Guangdong Weiye Aluminium Factory Co., Ltd ........................
Guangdong Xingfa Aluminium Co., Ltd .....................................
Pingguo Aluminium Company Limited .......................................
Kanal Precision Aluminium Product Co., Ltd ............................
Taishan Golden Gain Aluminium Products Limited ...................
Jiangyin Xinhong Doors and Windows Co., Ltd ........................
Guangdong Jianmei Aluminum Profile Company Limited;
Foshan JMA Aluminium Company Limited.
Tai Shan City Kam Kiu Aluminium Extrusion Co., Ltd ..............
Shandong Nanshan Aluminum Co., Ltd ....................................
Zhejiang Anji Xinxiang Aluminum Co., Ltd ................................
North China Aluminum Co., Ltd .................................................
PanAsia Aluminium (China) Limited ..........................................
Pingguo Asia Aluminum Co., Ltd ...............................................
Hoi Tat Plastic Mould & Metal Factory ......................................
Press Metal International Ltd .....................................................
Zhaoqing Asia Aluminum Factory Company Limited; Guang
Ya Aluminum Industries Co., Ltd.
Tai-Ao Aluminium (Taishan) Co., Ltd ........................................
Tianjin Ruixin Electric Heat Transmission Technology Co., Ltd
USA Worldwide Door Components (Pinghu) Co., Ltd ..............
32.04
32.04
32.04
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd ............
Zhongshan Gold Mountain Aluminium Factory Ltd ...................
....................................................................................................
32.04
32.04
33.18
First Union Property Limited .......................................................
Foshan Jinlan Non-ferrous Metal Product Co.; Ltd ....................
Foshan Sanshui Fenglu Aluminium Co., Ltd ..............................
Guangdong Hao Mei Aluminium Co., Ltd ...................................
Guangdong Weiye Aluminium Factory Co., Ltd .........................
Guangdong Xingfa Aluminium Co., Ltd ......................................
Hanwood Enterprises Limited .....................................................
Honsense Development Company .............................................
Innovative Aluminium (Hong Kong) Limited ...............................
Jiangyin Trust International Inc ...................................................
JMA (HK) Company Limited .......................................................
Kam Kiu Aluminium Products Sdn Bhd ......................................
Longkou Donghai Trade Co., Ltd ...............................................
Ningbo Yili Import and Export Co., Ltd .......................................
North China Aluminum Co., Ltd ..................................................
PanAsia Aluminium (China) Limited ...........................................
Pingguo Asia Aluminum Co., Ltd ................................................
Popular Plastics Co., Ltd ............................................................
Press Metal International Ltd ......................................................
Shenyang Yuanda Aluminium Industry Engineering Co. Ltd .....
Tai-Ao Aluminium (Taishan) Co., Ltd .........................................
Tianjin Ruixin Electric Heat Transmission Technology Co., Ltd
USA Worldwide Door Components (Pinghu) Co., Ltd; Worldwide Door Components (Pinghu) Co.
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd .............
Zhongshan Gold Mountain Aluminium Factory Ltd ....................
PRC-wide Entity ..........................................................................
The collection of bonds or cash
deposits and suspension of liquidation
will be revised accordingly and parties
will be notified of this determination, in
accordance with section 733(d) and (f)
of the Act.
jlentini on DSKJ8SOYB1PROD with NOTICES
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we have notified the
International Trade Commission (‘‘ITC’’)
of our amended preliminary
determination. If our final
determination is affirmative, the ITC
will determine before the later of 120
days after the date of the preliminary
determination or 45 days after our final
determination whether the domestic
industry in the United States is
materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation, of the subject merchandise.
VerDate Mar<15>2010
14:35 Jan 03, 2011
Jkt 223001
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.224(e).
Dated: December 21, 2010.
Christian Marsh,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix I
Frm 00016
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
32.04
Issue 4: Recalculation of the surrogate
value for labor
[FR Doc. 2010–32867 Filed 1–3–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–801]
Issue 1: Whether the Department used
an incorrect indirect selling expense
ratio in the SAS programming (Guang
Ya Group)
Issue 2: Whether the Department should
correct errors made by New Zhongya
with respect to its reported
USINSURU and INSURU expenses
Issue 3: Whether the Department used
the correct surrogate value for packing
paper (PAPER1)
PO 00000
32.04
Fmt 4703
Sfmt 4703
Ball Bearings and Parts Thereof From
France: Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) initiated an
administrative review of the
antidumping duty order on ball bearings
AGENCY:
E:\FR\FM\04JAN1.SGM
04JAN1
Agencies
[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Notices]
[Pages 323-327]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32867]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China: Notice
of Amended Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
DATES: Effective Date: January 4, 2011.
SUMMARY: The Department of Commerce (``Department'') has determined
that it made certain significant ministerial errors in the preliminary
determination of sales at less than fair value in the antidumping duty
investigation of aluminum extrusions from the People's Republic of
China (``PRC'') as described below in the SUPPLEMENTARY INFORMATION
section of this notice. The Department has corrected these errors and
has re-calculated the antidumping duty margins for a mandatory
respondent and for exporters eligible for a separate rate as shown
below in the ``Amended Preliminary Determination'' section of this
notice.
FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, Import
[[Page 324]]
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-4474, or 482-0414, respectively.
SUPPLEMENTARY INFORMATION:
On November 12, 2010, the Department published its affirmative
preliminary determination in this proceeding that aluminum extrusions
from the PRC are being, or are likely to be, sold in the United States
at less than fair value, as provided by section 773 of the Tariff Act
of 1930, as amended (the ``Act''). See Aluminum Extrusions From the
People's Republic of China: Notice of Preliminary Determination of
Sales at Less Than Fair Value, and Preliminary Determination of
Targeted Dumping, 75 FR 69403 (November 12, 2010) (``Preliminary
Determination'').
On November 15, 2010, and November 16, 2010, the Guang Ya Aluminium
Industries Co., Ltd., Foshan Guangcheng Aluminium Co., Ltd., Kong Ah
International Company Limited, and Guang Ya Aluminium Industries (Hong
Kong) Limited, (collectively, ``Guang Ya Group'') and Zhaoqing New
Zhongya Aluminum Co., Ltd., Zhongya Shaped Aluminium (HK) Holding
Limited, and Karlton Aluminum Company Ltd. (collectively ``New
Zhongya'') submitted timely ministerial error allegations with respect
to the Department's Preliminary Determination. Therefore, in accordance
to section 351.224(e) of the Department's regulations, we have made
changes, as discussed below, to the Preliminary Determination.
Period of Investigation
The period of investigation (``POI'') is July 1, 2009, through
December 31, 2009. This period corresponds to the two most recent
fiscal quarters prior to the month of the filing of the petition, which
was March 2009. See 19 CFR 351.204(b)(1).
Scope of Investigation
The merchandise covered by this investigation 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 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
designation 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.
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
[[Page 325]]
following dimensional characteristics: (1) Length of 37 mm or 62 mm,
(2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not
exceeding 0.13 mm.
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.
Significant Ministerial Error
Ministerial errors are defined in section 735(e) of the Act as
``errors in addition, subtraction, or other arithmetic function,
clerical errors resulting from inaccurate copying, duplication, or the
like, and any other type of unintentional error which the administering
authority considers ministerial.'' Section 351.224(e) of the
Department's regulations provides that the Department ``will analyze
any comments received and, if appropriate, correct any significant
ministerial error by amending the preliminary determination * * *.''
See 19 CFR 361.224(e). A significant ministerial error is defined as a
ministerial error, the correction of which, either singly or in
combination with other errors, would result in (1) a change of at least
five absolute percentage points in, but not less than 25 percent of,
the weighted-average dumping margin calculated in the original
(erroneous) preliminary determination, or (2) a difference between a
weighted-average dumping margin of zero (or de minimis) and a weighted-
average dumping margin of greater than de minimis or vice versa. See 19
CFR 351.224(g).
In accordance with 19 CFR 351.224(e) and (g)(1), the Department is
amending the preliminary determination of sales at less than fair value
in the antidumping duty investigation of aluminum extrusions from the
PRC to reflect the correction of significant ministerial errors it made
in the margin calculations regarding the mandatory respondent in this
investigation Guang Ya Group, New Zhongya, and Xinya Aluminum &
Stainless Steel Product Co., Ltd. (``Xinya'') \1\ (collectively ``Guang
Ya Group/New Zhongya/Xinya'').
---------------------------------------------------------------------------
\1\ This entity is also known as New Asia Aluminum & Stainless
Steel Product Co., Ltd.
---------------------------------------------------------------------------
Ministerial-Error Allegation
The Guang Ya Group
The Guang Ya Group argues that the Department erred by
inadvertently applying an incorrect ratio for the Guang Ya Group's U.S.
indirect selling expense in the SAS margin calculation program by
coding the decimal point in the wrong place. The Department agrees, and
finds that this error qualifies as a ministerial error in accordance
with section 735(e) of the Act. Moreover, the Department determines
that correcting this error would result in a change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination, and thus has corrected the error.
New Zhongya
New Zhongya argues that the Department committed a ministerial
error by failing to correct respondent's database reporting errors
relating to (1) certain movement expenses, and (2) the ``packing-
paper'' consumption factor of production.
With respect to New Zhongya's assertion that the Department
committed a ministerial error by failing to correct certain incorrectly
reported movement expenses, the Department disagrees.
While the Department corrected several database reporting errors
committed by New Zhongya and the Guang Ya Group for purposes of the
Preliminary Determination,\2\ the Department was not able to identify
all of their errors, nor should it be expected to. It is the
responsibility of respondents to provide complete and accurate
information and data to the Department; however, in this case, the
errors in question are reporting errors made by the respondent, not
ministerial errors made by the Department. Accordingly, the Department
finds that New Zhongya and the Guang Ya Group's database reporting
errors relating to certain movement expenses do not constitute
ministerial errors by the Department pursuant to section 735(e) of the
Act, and thus has not corrected respondents' reporting errors for this
amended preliminary determination.
---------------------------------------------------------------------------
\2\ See October 27, 2010, memorandum from Paul Stolz, Senior
International Trade Compliance Analyst, to Eugene Degnan, Program
Manager, regarding the Preliminary Determination Analysis Memorandum
for Guang Ya Aluminium Industries Co., Ltd., Foshan Guangcheng
Aluminium Co., Ltd., Kong Ah International Company Limited, and
Guang Ya Aluminium Industries (Hong Kong) Limited, (collectively,
``GYG'') and (2) Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya
Shaped Aluminium (HK) Holding Limited (collectively ``NZ'') and (3)
Xinya Aluminum & Stainless Steel Product Co., Ltd. (``Xinya'').
---------------------------------------------------------------------------
With respect to New Zhongya's assertion that the Department
committed a ministerial error by failing to correct Guang Ya Group/New
Zhongya's database reporting error for the ``packing-paper''
consumption factor of production (``FOP''), the Department also
disagrees. Specifically, Guang Ya Group/New Zhongya erred in reporting
its consumption of ``packing-paper'' in the consolidated FOP databases
by inadvertently failing to convert the reporting basis from kilograms
per metric ton to kilograms per kilogram, but indicating in the
database that it had made this conversion which resulted in applying
inconsistent units of measure for the consumption of the ``packing-
paper'' input. While Guang Ya Group/New Zhongya neglected to convert
the units of measure relating to ``packing-paper,'' it did correctly
convert, and report, the units of measure for other factors of
production when consolidating their FOP databases. Therefore, the
Department finds that this constitutes a reporting error by respondent,
not a ministerial error by the Department pursuant to section 735(e) of
the Act, and thus has not corrected respondents' reporting error for
this amended preliminary determination.
Additional Ministerial Error
Additionally, in reviewing the antidumping duty margin calculations
in light of the ministerial error allegations raised by parties in this
investigation, the Department has identified an error committed by the
Department regarding the calculation of the surrogate value for labor
that constitutes a ministerial error pursuant to section 735(e) of the
Act.
In applying the procedures discussed in the Factors of Production
memorandum issued concurrently with the Preliminary Determination, the
Department erred in identifying the significant producers of comparable
merchandise. The Department committed a ministerial error when
downloading the Global Trade Atlas (``GTA'') export data by
inadvertently (1) selecting data from years 2008 through 2010, and (2)
limiting the data to exports from January to August, which resulted in
an incomplete and inapplicable dataset because the export list (e.g.,
2010) post-dates the instant POI. In identifying whether a country is a
significant producer of comparable
[[Page 326]]
merchandise, it is the Department's practice to rely on annualized GTA
export data based on the three years leading up to the end of the
relevant POI, (in this case that should be 2007 through 2009).
Therefore, for this amended preliminary determination, the
Department has corrected the ministerial error and recalculated the
surrogate labor rate. For the revised labor rate calculation, see
Investigation of Certain Aluminum Extrusions from the People's Republic
of China: Petition Rate recalculation, at Attachment I. For further
discussion of the ministerial error allegations and the Department's
positions, see the ``Ministerial Error Memorandum, Aluminum Extrusions
from the People's Republic of China, Preliminary Determination of Sales
at Less Than Fair Value,'' dated December 21, 2010; see also Appendix I
for a list of the ministerial error allegations.
Recalculated Initiation Margins
As a result of correcting the ministerial errors discussed above,
the Department has revised the overall antidumping duty rate for the
mandatory respondent to a rate that falls below the initiation margins.
While the Department normally does not recalculate the petition rates,
the initiation margins were calculated using the Department's
regression analysis as a basis for the labor surrogate value, and the
regulation regarding that analysis was invalidated by the Court of
Appeals for the Federal Circuit in Dorbest IV.\3\ Therefore, in light
of the Federal Circuit decision, the Department has adjusted the
Petition rates using the revised surrogate value for labor discussed
above, resulting in adjusted Petition rates ranging from 32.44 to 33.18
percent.\4\
---------------------------------------------------------------------------
\3\ See Dorbest Ltd. v. United States, 604 F.3d 1363, 1372 (CAFC
2010) (``Dorbest IV'').
\4\ See Id. See also December 21, 2010, Ministerial Error
Memorandum, Aluminum Extrusions from the People's Republic of China,
Preliminary Determination of Sales at Less Than Fair Value, at Issue
4; and December 21, 2010, Memorandum to the File, regarding
Investigation of Certain Aluminum Extrusions from the People's
Republic of China: Petition Rate recalculation.
---------------------------------------------------------------------------
Corroboration
As a result of correcting the ministerial errors discussed above,
and the subsequent revision of the antidumping duty rate for the
mandatory respondent to a rate below the adjusted initiation margin,
the Department has determined to use the highest adjusted petition rate
when applying adverse facts available (``AFA'').\5\ Section 776(c) of
the Act provides that, when the Department relies on secondary
information rather than on information obtained in the course of an
investigation as FA, it must, to the extent practicable, corroborate
that information from independent sources reasonably at its disposal.
Secondary information is described as ``information derived from the
petition that gave rise to the investigation or review, the final
determination concerning the subject merchandise, or any previous
review under section 751 concerning the merchandise subject to this
investigation.'' \6\ To ``corroborate'' means that the Department will
satisfy itself that the secondary information to be used has probative
value. Independent sources used to corroborate may include, for
example, published price lists, official import statistics and customs
data, and information obtained from interested parties during the
particular investigation. To corroborate secondary information, the
Department will, to the extent practicable, examine the reliability and
relevance of the information used.\7\
---------------------------------------------------------------------------
\5\ See December 10, 2010, Memorandum to the File, regarding
Investigation of Certain Aluminum Extrusions from the People's
Republic of China: Petition Rate recalculation.
\6\ See ``Statement of Administrative Action'' accompanying the
URAA, H.R. Rep. No. 103-316, vol. 1, at 870 (1994) (``SAA'').
\7\ See Tapered Roller Bearings and Parts Thereof, Finished and
Unfinished, From Japan, and Tapered Roller Bearings, Four Inches or
Less in Outside Diameter, and Components Thereof, From Japan;
Preliminary Results of Antidumping Duty Administrative Reviews and
Partial Termination of Administrative Reviews, 61 FR 57391, 57392
(November 6, 1996), and unchanged in Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished, From Japan; and Tapered
Roller Bearings, Four Inches or Less in Outside Diameter, and
Components Thereof, From Japan; Final Results of Antidumping Duty
Administrative Reviews and Termination in Part, 62 FR 11825 (March
13, 1997).
---------------------------------------------------------------------------
To corroborate the AFA margin that we have selected, we compared
this margin to the transaction-specific margins we found for the
cooperating mandatory respondents. We found that the margin of 33.18
percent has probative value because it is in the range of the
transaction-specific margins that we found for Guang Ya Group/New
Zhongya/Xinya during the period of investigation. See Amended
Preliminary Determination Analysis Memorandum dated concurrently with
this notice. Accordingly, we find this rate is reliable and relevant,
considering the record information, and thus, has probative value. See
Amended Preliminary Determination Analysis Memorandum dated
concurrently with this notice.
Given that numerous PRC-wide entities did not respond to the
Department's requests for information in this investigation, the
Department concludes that the updated petition rate of 33.18 percent,
as total AFA for the PRC-wide entity, is sufficiently adverse to
prevent these respondents from benefitting from their lack of
cooperation. See SAA at 870. Accordingly, we find that the rate of
33.18 percent is corroborated to the extent practicable within the
meaning of section 776(c) of the Act.
Consequently, we are applying 33.18 percent as the single
antidumping rate to the PRC-wide entity. The PRC-wide rate applies to
all entries of the merchandise under investigation except for entries
from Guang Ya Group/New Zhongya/Xinya and the separate rate applicants,
listed below, receiving a separate rate.
Amended Preliminary Determination
We are publishing this amended preliminary determination pursuant
to 19 CFR 351.224(e). As a result of this amended preliminary
determination, we have revised the antidumping rate for Guang Ya Group/
New Zhongya/Xinya. In addition, we have revised the separate rate based
on Guang Ya Group/New Zhongya/Xinya's revised dumping margin. Because
Guang Ya Group/New Zhongya/Xinya's revised dumping margin is lower than
the Petition rate, we have also revised the PRC-wide entity rate. The
margin for the companies granted separate-rate status must also be
revised because the margin for those companies was derived from the
Guang Ya Group/New Zhongya/Xinya margin.
As a result of our correction of significant ministerial errors in
the Preliminary Determination, we have determined that the following
weighted-average dumping margins apply:
[[Page 327]]
------------------------------------------------------------------------
Weighted-
Exporter Producer average
margin
------------------------------------------------------------------------
Guang Ya Aluminium Industries Guang Ya Aluminium 32.04
Co., Ltd; Foshan Guangcheng Industries Co., Ltd;
Aluminium Co., Ltd; Kong Ah Foshan Guangcheng
International Company Limited; Aluminium Co., Ltd;
Guang Ya Aluminium Industries Kong Ah International
(Hong Kong) Limited; Zhaoqing Company Limited; Guang
New Zhongya Aluminum Co., Ltd; Ya Aluminium
Zhongya Shaped Aluminium (HK) Industries (Hong Kong)
Holding Limited; Karlton Limited; Zhaoqing New
Aluminum Company Ltd; Xinya Zhongya Aluminum Co.,
Aluminum & Stainless Steel Ltd; Zhongya Shaped
Product Co., Ltd (A.K.A. New Aluminium (HK) Holding
Asia Aluminum & Stainless Limited; Karlton
Steel Product Co., Ltd). Aluminum Company Ltd;
Xinya Aluminum &
Stainless Steel
Product Co., Ltd
(A.K.A. New Asia
Aluminum & Stainless
Steel Product Co.,
Ltd).
Alnan Aluminium Co., Ltd....... Alnan Aluminium Co., 32.04
Ltd.
Changshu Changsheng Aluminium Changshu Changsheng 32.04
Products Co., Ltd. Aluminium Products
Co., Ltd.
China Square Industrial Limited Zhaoqing China Square 32.04
Industry Limited.
Cosco (J.M) Aluminium Co., Ltd. Cosco (J.M) Aluminium 32.04
Co., Ltd; Jiangmen
Qunxing Hardware
Diecasting Co., Ltd.
First Union Property Limited... Top-Wok Metal Co., Ltd. 32.04
Foshan Jinlan Non-ferrous Metal Foshan Jinlan Aluminium 32.04
Product Co.; Ltd. Co.; Ltd.
Foshan Sanshui Fenglu Aluminium Foshan Sanshui Fenglu 32.04
Co., Ltd. Aluminium Co., Ltd.
Guangdong Hao Mei Aluminium Guangdong Hao Mei 32.04
Co., Ltd. Aluminium Co., Ltd.
Guangdong Weiye Aluminium Guangdong Weiye 32.04
Factory Co., Ltd. Aluminium Factory Co.,
Ltd.
Guangdong Xingfa Aluminium Co., Guangdong Xingfa 32.04
Ltd. Aluminium Co., Ltd.
Hanwood Enterprises Limited.... Pingguo Aluminium 32.04
Company Limited.
Honsense Development Company... Kanal Precision 32.04
Aluminium Product Co.,
Ltd.
Innovative Aluminium (Hong Taishan Golden Gain 32.04
Kong) Limited. Aluminium Products
Limited.
Jiangyin Trust International Jiangyin Xinhong Doors 32.04
Inc. and Windows Co., Ltd.
JMA (HK) Company Limited....... Guangdong Jianmei 32.04
Aluminum Profile
Company Limited;
Foshan JMA Aluminium
Company Limited.
Kam Kiu Aluminium Products Sdn Tai Shan City Kam Kiu 32.04
Bhd. Aluminium Extrusion
Co., Ltd.
Longkou Donghai Trade Co., Ltd. Shandong Nanshan 32.04
Aluminum Co., Ltd.
Ningbo Yili Import and Export Zhejiang Anji Xinxiang 32.04
Co., Ltd. Aluminum Co., Ltd.
North China Aluminum Co., Ltd.. North China Aluminum 32.04
Co., Ltd.
PanAsia Aluminium (China) PanAsia Aluminium 32.04
Limited. (China) Limited.
Pingguo Asia Aluminum Co., Ltd. Pingguo Asia Aluminum 32.04
Co., Ltd.
Popular Plastics Co., Ltd...... Hoi Tat Plastic Mould & 32.04
Metal Factory.
Press Metal International Ltd.. Press Metal 32.04
International Ltd.
Shenyang Yuanda Aluminium Zhaoqing Asia Aluminum 32.04
Industry Engineering Co. Ltd. Factory Company
Limited; Guang Ya
Aluminum Industries
Co., Ltd.
Tai-Ao Aluminium (Taishan) Co., Tai-Ao Aluminium 32.04
Ltd. (Taishan) Co., Ltd.
Tianjin Ruixin Electric Heat Tianjin Ruixin Electric 32.04
Transmission Technology Co., Heat Transmission
Ltd. Technology Co., Ltd.
USA Worldwide Door Components USA Worldwide Door 32.04
(Pinghu) Co., Ltd; Worldwide Components (Pinghu)
Door Components (Pinghu) Co. Co., Ltd.
Zhejiang Yongkang Listar Zhejiang Yongkang 32.04
Aluminium Industry Co., Ltd. Listar Aluminium
Industry Co., Ltd.
Zhongshan Gold Mountain Zhongshan Gold Mountain 32.04
Aluminium Factory Ltd. Aluminium Factory Ltd.
PRC-wide Entity................ ....................... 33.18
------------------------------------------------------------------------
The collection of bonds or cash deposits and suspension of
liquidation will be revised accordingly and parties will be notified of
this determination, in accordance with section 733(d) and (f) of the
Act.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we have notified the
International Trade Commission (``ITC'') of our amended preliminary
determination. If our final determination is affirmative, the ITC will
determine before the later of 120 days after the date of the
preliminary determination or 45 days after our final determination
whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports, or
sales (or the likelihood of sales) for importation, of the subject
merchandise.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).
Dated: December 21, 2010.
Christian Marsh,
Acting Deputy Assistant Secretary for Import Administration.
Appendix I
Issue 1: Whether the Department used an incorrect indirect selling
expense ratio in the SAS programming (Guang Ya Group)
Issue 2: Whether the Department should correct errors made by New
Zhongya with respect to its reported USINSURU and INSURU expenses
Issue 3: Whether the Department used the correct surrogate value for
packing paper (PAPER1)
Issue 4: Recalculation of the surrogate value for labor
[FR Doc. 2010-32867 Filed 1-3-11; 8:45 am]
BILLING CODE 3510-DS-P