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]

Download as PDF 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 portion of the meeting concerning matters the disclosure of which would be likely to frustrate significantly implementation of an agency action as described in 5 U.S.C. 552b(c)(9)(B) shall 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 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 Category 3 5. Godson Microprocessor Project 6. Autonomous Vehicle Project 7. Cloud Computing, Technology and Security Issues DEPARTMENT OF COMMERCE Bureau of Industry and Security jlentini on DSKJ8SOYB1PROD with NOTICES Closed Session 8. 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 via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at Yspringer@bis.doc.gov, no later than January 19, 2011. A limited number of seats will be available for the public session. Reservations are not accepted. To the extent time permits, members of the public may 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 materials to Committee members, the Committee suggests that public presentation materials or comments be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of 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))), VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 accepted. To the extent that time permits, members of the public may 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 materials to the Committee members, 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 of this meeting dealing with predecisional changes to the Commerce Control List and U.S. export control policies shall 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 remaining portions of the meeting will be open to the public. 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 via teleconference to 20 participants on a first come, first serve basis. To join the 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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: E:\FR\FM\04JAN1.SGM 04JAN1 324 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. jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 04JAN1 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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 VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 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’’). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 04JAN1 326 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 jlentini on DSKJ8SOYB1PROD with NOTICES 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. VerDate Mar<15>2010 14:35 Jan 03, 2011 Jkt 223001 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). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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: E:\FR\FM\04JAN1.SGM 04JAN1 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]


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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
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