Aluminum Extrusions from the People's Republic of China: Antidumping Duty Order, 30650-30653 [2011-13086]

Download as PDF 30650 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices Dated: May 19, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–13105 Filed 5–25–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–967] Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 26, 2011. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing an antidumping duty order on aluminum extrusions from the People’s Republic of China (‘‘PRC’’). On May 13, 2010, the ITC notified the Department of its affirmative determination of material injury by reason of imports of certain aluminum extrusions from the PRC, and its negative determination of material injury, threat of material injury, or that the establishment of an industry is not materially retarded by reason of imports of finished heats sinks from the PRC. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4474 or (202) 482– 0414, respectively. SUPPLEMENTARY INFORMATION: In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (‘‘Act’’), the Department published the final determination of sales at less than fair value in the antidumping investigation of aluminum extrusions from the PRC. See Aluminum Extrusions From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, 76 FR 18524 (April 4, 2011) (‘‘Final Determination’’); see also Aluminum Extrusions From the People’s Republic of China: Notice of Correction to the Final Determination of Sales at Less Than Fair Value, 76 FR 20627 (April 13, 2011). mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Revision of Scope On April 4, 2011, the Department published its affirmative final VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 determination in the investigation. See Final Determination. On May 13, 2011, the ITC notified the Department of its affirmative finding of injury with respect to imports of certain aluminum extrusions from the PRC and its negative injury finding with respect to imports of finished heat sinks from the PRC. See Aluminum Extrusions from China (Investigation No. 731–TA–1177 (Final), USITC Publication 4229 (May 2011)). Therefore, the Department is revising the scope of the subject merchandise stated in the Final Determination to exclude finished heat sinks from the scope of the order. In its instructions to the investigation questionnaire, the ITC described heat sinks as a subset of aluminum extrusions typically used in electronic equipment as a thermal controlling tool and stated that they are usually referred to as (1) heat sink blanks, (2) fabricated heat sinks, or (3) finished heat sinks.1 Heat sink blanks are the full length aluminum extrusions used to produce finished heat sinks. These are generally the pre-fabricated, pre-tested inputs in the production of heat sinks (post any stretching or aging processes applied). Fabricated heat sinks are generally understood to be any heat sink blank that has been cut-tolength, precision machined, and or otherwise fabricated to the end product specifications, but not yet tested, assembled onto other materials, or packaged. Finished heat sinks differ from fabricated heat sinks in that they have been fully, albeit not necessarily individually, tested and assured to comply with the required thermal performance end-use specifications. Only finished heat sinks are excluded from the scope of the order.2 See Scope of the Order, below. Scope of the Order The merchandise covered by the order is aluminum extrusions which are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents). Specifically, the subject merchandise 1 See INSTRUCTION BOOKLET: GENERAL INFORMATION, INSTRUCTIONS, AND DEFINITIONS FOR COMMISSION QUESTIONNAIRES Aluminum Extrusions from China Inv. Nos. 701–TA–475 and 731–TA–1177 (Final) at 6–7, located at: http://www.usitc.gov/ trade_remedy/731_ad_701_cvd/investigations/ 2010/aluminum_extrusions/final/PDF/ _Instructions_US.pdf. 2 See id. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than 99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 3 contains manganese as the major alloying element, with manganese accounting for not more than 3.0 percent of total materials by weight. The subject merchandise is made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contains magnesium and silicon as the major alloying elements, with magnesium accounting for at least 0.1 percent but not more than 2.0 percent of total materials by weight, and silicon accounting for at least 0.1 percent but not more than 3.0 percent of total materials by weight. The subject aluminum extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that may characterize the subject merchandise are as follows: 1350, 3003, and 6060. Aluminum extrusions are produced and imported in a wide variety of shapes and forms, including, but not limited to, hollow profiles, other solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that are drawn subsequent to extrusion (‘‘drawn aluminum’’) are also included in the scope. Aluminum extrusions are produced and imported with a variety of finishes (both coatings and surface treatments), and types of fabrication. The types of coatings and treatments applied to subject aluminum extrusions include, but are not limited to, extrusions that are mill finished (i.e., without any coating or further finishing), brushed, buffed, polished, anodized (including 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, E:\FR\FM\26MYN1.SGM 26MYN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes the aluminum extrusion components that are attached (e.g., by welding or fasteners) to form subassemblies, i.e., partially assembled merchandise unless imported as part of the finished goods ‘kit’ defined further below. The scope does not include the non-aluminum extrusion components of subassemblies or subject kits. Subject extrusions may be identified with reference to their end use, such as fence posts, electrical conduits, door thresholds, carpet trim, or heat sinks (that do not meet the finished heat sink exclusionary language below). Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are ready for use at the time of importation. The following aluminum extrusion products are excluded: Aluminum extrusions made from aluminum alloy with an Aluminum Association series designations commencing with the number 2 and containing in excess of 1.5 percent copper by weight; Aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 7 and containing in excess of 2.0 percent zinc by weight. The scope also excludes finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors with glass or vinyl, picture frames with glass pane and backing material, and solar panels. The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a ‘‘finished goods kit.’’ A finished goods kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled ‘‘as is’’ into a finished product. An imported product will not be considered a ‘‘finished goods kit’’ and therefore excluded from the scope of the investigation merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum extrusion product. VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion process, such as aluminum products produced by a method of casting. Cast aluminum products are properly identified by four digits with a decimal point between the third and fourth digit. A letter may also precede the four digits. The following Aluminum Association designations are representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope also excludes pure, unwrought aluminum in any form. The scope also excludes collapsible tubular containers composed of metallic elements corresponding to alloy code 1080A as designated by the Aluminum Association where the tubular container (excluding the nozzle) meets each of the following dimensional characteristics: (1) Length of 37 mm or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm. Also excluded from the scope of this order are finished heat sinks. Finished heat sinks are fabricated heat sinks made from aluminum extrusions the design and production of which are organized around meeting certain specified thermal performance requirements and which have been fully, albeit not necessarily individually, tested to comply with such requirements. Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (‘‘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. In addition, fin evaporator coils may be classifiable under HTS numbers: 8418.99.80.50 and 8418.99.80.60. While HTS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Antidumping Duty Order On May 13, 2011, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in the investigation. In its determination, the ITC did not find material injury with respect to finished heat sinks. However, the ITC did find PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 30651 material injury with respect to all other aluminum extrusions from the PRC. Because the ITC determined that imports of aluminum extrusions (with the exception of finished heat sinks) from the PRC are materially injuring a U.S. industry, all unliquidated entries of such merchandise from the PRC, entered or withdrawn from warehouse, are subject to the assessment of antidumping duties. Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (‘‘CBP’’) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, minus the amounts determined to constitute export subsidies for all relevant entries of aluminum extrusions from the PRC. These antidumping duties will be assessed on unliquidated entries from the PRC entered, or withdrawn from the warehouse, for consumption on or after November 12, 2010, the date on which the Department published its preliminary determination. 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’’). Termination of Suspension of Liquidation for Finished Heat Sinks Because the ITC made a negative determination with respect to finished heat sinks, the Department will direct CBP to terminate the suspension of liquidation for entries of finished heat sinks from the PRC that were either entered or withdrawn from warehouse for consumption, and to release any bond or other security, and refund any cash deposit, posted to secure the payment of estimated antidumping duties. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to suspend liquidation on all entries of subject merchandise from the PRC. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice. Additionally, in the countervailing duty (‘‘CVD’’) order, the Department E:\FR\FM\26MYN1.SGM 26MYN1 30652 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices determined that the products under investigation, exported by the Guang Ya Group 3 and New Zhongya,4 benefitted from an export subsidy. Therefore, for subject merchandise exported by the Guang Ya Group and New Zhongya, we will instruct CBP to reduce the Guang Ya Group and New Zhongya’s dumping margin by the simple average of the amounts determined to constitute export subsidies for the Guang Ya Group and New Zhongya (0.26 percent) in the CVD order, published concurrently with this notice. For the separate-rate companies, none of which were selected as respondents in the CVD investigation, we will instruct CBP to reduce the dumping margin by the amount of export subsidies included in the All Others rate from the CVD order (42.16 percent), published concurrently with this notice. Accordingly, effective on the date of publication of the ITC’s final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average antidumping duty margins as discussed above. See section 735(c)(3) of the Act. The ‘‘PRC-wide’’ rate applies to all exporters of subject merchandise not specifically listed. Gap Period Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of the exporters that account for a significant proportion of exports of aluminum extrusions from the PRC, we extended the four-month period to no more than six months. See Letter from the Guang Ya Group (November 1, 2010). In the underlying investigation, the Department published the Preliminary Determination on November 12, 2010. See Preliminary Determination, 75 FR 69403. Therefore, the six-month period beginning on the date of the publication of the Preliminary Determination ended on May 11, 2011. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC’s final injury determination. Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of aluminum extrusions from the PRC entered, or withdrawn from warehouse, for consumption after May 11, 2011, the date provisional measures expired, and through the day preceding the date of publication of the ITC’s final injury determination in the Federal Register. Suspension of liquidation will resume on and after the date of publication of the ITC’s final injury determination in the Federal Register. The weighted-average dumping margins are as follows: 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*. 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.). 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 New Zhongya Aluminum Co., Ltd.; Zhongya Shaped Aluminium (HK) Holding Limited; Karlton Aluminum Company Ltd*. Alnan Aluminium Co., Ltd .......................................... Changshu Changsheng Aluminium Products Co., Ltd. China Square Industrial Limited ................................ Cosco (J.M) Aluminium Co., Ltd ............................... mstockstill on DSK4VPTVN1PROD with NOTICES 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 .......................... 3 Guang Ya Aluminium Industries Co., Ltd., Foshan Guangcheng Aluminium Co., Ltd., Kong Ah International Company Limited, and Guang Ya VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 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 ................................................................. Aluminium Industries (Hong Kong) Limited, (collectively, the ‘‘Guang Ya Group’’). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 33.28 33.28 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 32.79 4 Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped Aluminium (HK) Holding Limited and Karlton Aluminum Company Ltd. (collectively ‘‘New Zhongya’’). E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 76, No. 102 / Thursday, May 26, 2011 / Notices 30653 Weightedaverage margin Exporter Producer 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 ........................................................ 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 ....................... 32.79 32.79 USA Worldwide Door Components (Pinghu) Co., Ltd ...................................... 32.79 Zhejiang Yongkang Listar Aluminium Industry Co., Ltd ................................... 32.79 Zhongshan Gold Mountain Aluminium Factory Ltd .......................................... ............................................................................................................................ 32.79 33.28 32.79 32.79 32.79 32.79 * Because Xinya Aluminum & Stainless Steel Product Co., Ltd. (‘‘Xinya’’) did not export subject merchandise to the United States during the period of investigation, for the final determination, Xinya is not being considered for a separate rate. This notice constitutes the antidumping duty order with respect to aluminum extrusions from the PRC pursuant to section 736(a) of the Act. Interested parties may contact the Department’s Central Records Unit, Room 7046 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect. This order is published in accordance with section 736(a) of the Act and 19 CFR 351.211. Dated: May 20, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–13086 Filed 5–25–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–968] Revision of Scope Aluminum Extrusions From the People’s Republic of China: Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: May 26, 2011. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the ‘‘Department’’) and the International Trade Commission (‘‘ITC’’), the Department is issuing a countervailing duty order on aluminum extrusions from the People’s Republic of China (‘‘PRC’’). FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 20:04 May 25, 2011 Jkt 223001 DC 20230; telephone: 202/482–1009. Case History: On April 4, 2011, the Department published its final determination in the countervailing duty investigation of aluminum extrusions from the PRC. See Aluminum Extrusions From the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 76 FR 18521, (April 4, 2011) (Final Determination). On May 13, 2010, the ITC notified the Department of its affirmative determination of material injury by reason of imports of certain aluminum extrusions from the PRC, and its negative determination of material injury, threat of material injury, or that the establishment of an industry is not materially retarded by reason of imports of finished heat sinks from the PRC. See Aluminum Extrusions from China (Investigation No. 731–TA–1177, USITC Publication 4229 (May 2011) (ITC Final Determination)). On April 4, 2011, the Department published its affirmative final determination in this proceeding. See Final Determination. On May 13, 2011, the ITC notified the Department of its affirmative finding of injury with respect to imports of certain aluminum extrusions from the PRC and its negative injury finding with respect to imports of finished heat sinks from the PRC. Therefore, the Department is revising the scope of the subject merchandise stated in the final determination to exclude finished heat sinks from the scope of the order. In its instructions to the investigation questionnaire, the ITC described heat sinks as a subset of aluminum extrusions typically used in electronic equipment as a thermal controlling tool and stated that they are usually referred to as (1) heat sink PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 blanks, (2) fabricated heat sinks, or (3) finished heat sinks.1 Heat sink blanks are the full length aluminum extrusions used to produce finished heat sinks. These are generally the pre-fabricated, pre-tested inputs in the production of heat sinks (post any stretching or aging processes applied). Fabricated heat sinks are generally understood to be any heat sink blank that has been cut-tolength, precision machined, and or otherwise fabricated to the end product specifications, but not yet tested, assembled onto other materials, or packaged. Finished heat sinks differ from fabricated heat sinks in that they have been fully, albeit not necessarily individually, tested and assured to comply with the required thermal performance end-use specifications. Only finished heat sinks are excluded from the scope of the order.2 See Scope of the Order, below. Scope of the Order The merchandise covered by this order is aluminum extrusions which are shapes and forms, produced by an extrusion process, made from aluminum alloys having metallic elements corresponding to the alloy series designations published by The Aluminum Association commencing with the numbers 1, 3, and 6 (or proprietary equivalents or other certifying body equivalents). Specifically, the subject merchandise made from aluminum alloy with an Aluminum Association series 1 See INSTRUCTION BOOKLET: GENERAL INFORMATION, INSTRUCTIONS, AND DEFINITIONS FOR COMMISSION QUESTIONNAIRES Aluminum Extrusions from China Inv. Nos. 701–TA–475 and 731–TA–1177 (Final) at 6–7, located at: http://www.usitc.gov/ trade_remedy/731_ad_701_cvd/investigations/ 2010/aluminum_extrusions/final/PDF/_ Instructions_US.pdf. 2 See id. E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 76, Number 102 (Thursday, May 26, 2011)]
[Notices]
[Pages 30650-30653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13086]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 26, 2011.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
aluminum extrusions from the People's Republic of China (``PRC''). On 
May 13, 2010, the ITC notified the Department of its affirmative 
determination of material injury by reason of imports of certain 
aluminum extrusions from the PRC, and its negative determination of 
material injury, threat of material injury, or that the establishment 
of an industry is not materially retarded by reason of imports of 
finished heats sinks from the PRC.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Eugene Degnan, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4474 or (202) 482-0414, respectively.

SUPPLEMENTARY INFORMATION: In accordance with sections 735(d) and 
777(i)(1) of the Tariff Act of 1930, as amended (``Act''), the 
Department published the final determination of sales at less than fair 
value in the antidumping investigation of aluminum extrusions from the 
PRC. See Aluminum Extrusions From the People's Republic of China: Final 
Determination of Sales at Less Than Fair Value, 76 FR 18524 (April 4, 
2011) (``Final Determination''); see also Aluminum Extrusions From the 
People's Republic of China: Notice of Correction to the Final 
Determination of Sales at Less Than Fair Value, 76 FR 20627 (April 13, 
2011).

Revision of Scope

    On April 4, 2011, the Department published its affirmative final 
determination in the investigation. See Final Determination. On May 13, 
2011, the ITC notified the Department of its affirmative finding of 
injury with respect to imports of certain aluminum extrusions from the 
PRC and its negative injury finding with respect to imports of finished 
heat sinks from the PRC. See Aluminum Extrusions from China 
(Investigation No. 731-TA-1177 (Final), USITC Publication 4229 (May 
2011)). Therefore, the Department is revising the scope of the subject 
merchandise stated in the Final Determination to exclude finished heat 
sinks from the scope of the order. In its instructions to the 
investigation questionnaire, the ITC described heat sinks as a subset 
of aluminum extrusions typically used in electronic equipment as a 
thermal controlling tool and stated that they are usually referred to 
as (1) heat sink blanks, (2) fabricated heat sinks, or (3) finished 
heat sinks.\1\ Heat sink blanks are the full length aluminum extrusions 
used to produce finished heat sinks. These are generally the pre-
fabricated, pre-tested inputs in the production of heat sinks (post any 
stretching or aging processes applied). Fabricated heat sinks are 
generally understood to be any heat sink blank that has been cut-to-
length, precision machined, and or otherwise fabricated to the end 
product specifications, but not yet tested, assembled onto other 
materials, or packaged. Finished heat sinks differ from fabricated heat 
sinks in that they have been fully, albeit not necessarily 
individually, tested and assured to comply with the required thermal 
performance end-use specifications. Only finished heat sinks are 
excluded from the scope of the order.\2\ See Scope of the Order, below.
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    \1\ See INSTRUCTION BOOKLET: GENERAL INFORMATION, INSTRUCTIONS, 
AND DEFINITIONS FOR COMMISSION QUESTIONNAIRES Aluminum Extrusions 
from China Inv. Nos. 701-TA-475 and 731-TA-1177 (Final) at 6-7, 
located at: http://www.usitc.gov/trade_remedy/731_ad_701_cvd/investigations/2010/aluminum_extrusions/final/PDF/_Instructions_US.pdf.
    \2\ See id.
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Scope of the Order

    The merchandise covered by the order is aluminum extrusions which 
are shapes and forms, produced by an extrusion process, made from 
aluminum alloys having metallic elements corresponding to the alloy 
series designations published by The Aluminum Association commencing 
with the numbers 1, 3, and 6 (or proprietary equivalents or other 
certifying body equivalents). Specifically, the subject merchandise 
made from aluminum alloy with an Aluminum Association series 
designation commencing with the number 1 contains not less than 99 
percent aluminum by weight. The subject merchandise made from aluminum 
alloy with an Aluminum Association series designation commencing with 
the number 3 contains manganese as the major alloying element, with 
manganese accounting for not more than 3.0 percent of total materials 
by weight. The subject merchandise is made from an aluminum alloy with 
an Aluminum Association series designation commencing with the number 6 
contains magnesium and silicon as the major alloying elements, with 
magnesium accounting for at least 0.1 percent but not more than 2.0 
percent of total materials by weight, and silicon accounting for at 
least 0.1 percent but not more than 3.0 percent of total materials by 
weight. The subject aluminum extrusions are properly identified by a 
four-digit alloy series without either a decimal point or leading 
letter. Illustrative examples from among the approximately 160 
registered alloys that may characterize the subject merchandise are as 
follows: 1350, 3003, and 6060.
    Aluminum extrusions are produced and imported in a wide variety of 
shapes and forms, including, but not limited to, hollow profiles, other 
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that 
are drawn subsequent to extrusion (``drawn aluminum'') are also 
included in the scope.
    Aluminum extrusions are produced and imported with a variety of 
finishes (both coatings and surface treatments), and types of 
fabrication. The types of coatings and treatments applied to subject 
aluminum extrusions include, but are not limited to, extrusions that 
are mill finished (i.e., without any coating or further finishing), 
brushed, buffed, polished, anodized (including 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,

[[Page 30651]]

but not limited to, window frames, door frames, solar panels, curtain 
walls, or furniture. Such parts that otherwise meet the definition of 
aluminum extrusions are included in the scope. The scope includes the 
aluminum extrusion components that are attached (e.g., by welding or 
fasteners) to form subassemblies, i.e., partially assembled merchandise 
unless imported as part of the finished goods `kit' defined further 
below. The scope does not include the non-aluminum extrusion components 
of subassemblies or subject kits.
    Subject extrusions may be identified with reference to their end 
use, such as fence posts, electrical conduits, door thresholds, carpet 
trim, or heat sinks (that do not meet the finished heat sink 
exclusionary language below). Such goods are subject merchandise if 
they otherwise meet the scope definition, regardless of whether they 
are ready for use at the time of importation.
    The following aluminum extrusion products are excluded: Aluminum 
extrusions made from aluminum alloy with an Aluminum Association series 
designations commencing with the number 2 and containing in excess of 
1.5 percent copper by weight; Aluminum extrusions made from aluminum 
alloy with an Aluminum Association series designation commencing with 
the number 5 and containing in excess of 1.0 percent magnesium by 
weight; and aluminum extrusions made from aluminum alloy with an 
Aluminum Association series designation commencing with the number 7 
and containing in excess of 2.0 percent zinc by weight.
    The scope also excludes finished merchandise containing aluminum 
extrusions as parts that are fully and permanently assembled and 
completed at the time of entry, such as finished windows with glass, 
doors with glass or vinyl, picture frames with glass pane and backing 
material, and solar panels. The scope also excludes finished goods 
containing aluminum extrusions that are entered unassembled in a 
``finished goods kit.'' A finished goods kit is understood to mean a 
packaged combination of parts that contains, at the time of 
importation, all of the necessary parts to fully assemble a final 
finished good and requires no further finishing or fabrication, such as 
cutting or punching, and is assembled ``as is'' into a finished 
product. An imported product will not be considered a ``finished goods 
kit'' and therefore excluded from the scope of the investigation merely 
by including fasteners such as screws, bolts, etc. in the packaging 
with an aluminum extrusion product.
    The scope also excludes aluminum alloy sheet or plates produced by 
other than the extrusion process, such as aluminum products produced by 
a method of casting. Cast aluminum products are properly identified by 
four digits with a decimal point between the third and fourth digit. A 
letter may also precede the four digits. The following Aluminum 
Association designations are representative of aluminum alloys for 
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The 
scope also excludes pure, unwrought aluminum in any form.
    The scope also excludes collapsible tubular containers composed of 
metallic elements corresponding to alloy code 1080A as designated by 
the Aluminum Association where the tubular container (excluding the 
nozzle) meets each of the following dimensional characteristics: (1) 
Length of 37 mm or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and 
(3) wall thickness not exceeding 0.13 mm.
    Also excluded from the scope of this order are finished heat sinks. 
Finished heat sinks are fabricated heat sinks made from aluminum 
extrusions the design and production of which are organized around 
meeting certain specified thermal performance requirements and which 
have been fully, albeit not necessarily individually, tested to comply 
with such requirements.
    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (``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. In addition, fin evaporator coils 
may be classifiable under HTS numbers: 8418.99.80.50 and 8418.99.80.60. 
While HTS subheadings are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Antidumping Duty Order

    On May 13, 2011, in accordance with section 735(d) of the Act, the 
ITC notified the Department of its final determination in the 
investigation. In its determination, the ITC did not find material 
injury with respect to finished heat sinks. However, the ITC did find 
material injury with respect to all other aluminum extrusions from the 
PRC.
    Because the ITC determined that imports of aluminum extrusions 
(with the exception of finished heat sinks) from the PRC are materially 
injuring a U.S. industry, all unliquidated entries of such merchandise 
from the PRC, entered or withdrawn from warehouse, are subject to the 
assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (``CBP'') to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, minus the amounts determined to constitute export 
subsidies for all relevant entries of aluminum extrusions from the PRC. 
These antidumping duties will be assessed on unliquidated entries from 
the PRC entered, or withdrawn from the warehouse, for consumption on or 
after November 12, 2010, the date on which the Department published its 
preliminary determination. 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'').

Termination of Suspension of Liquidation for Finished Heat Sinks

    Because the ITC made a negative determination with respect to 
finished heat sinks, the Department will direct CBP to terminate the 
suspension of liquidation for entries of finished heat sinks from the 
PRC that were either entered or withdrawn from warehouse for 
consumption, and to release any bond or other security, and refund any 
cash deposit, posted to secure the payment of estimated antidumping 
duties.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to suspend liquidation on all entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Additionally, in the countervailing duty (``CVD'') order, the 
Department

[[Page 30652]]

determined that the products under investigation, exported by the Guang 
Ya Group \3\ and New Zhongya,\4\ benefitted from an export subsidy. 
Therefore, for subject merchandise exported by the Guang Ya Group and 
New Zhongya, we will instruct CBP to reduce the Guang Ya Group and New 
Zhongya's dumping margin by the simple average of the amounts 
determined to constitute export subsidies for the Guang Ya Group and 
New Zhongya (0.26 percent) in the CVD order, published concurrently 
with this notice.
---------------------------------------------------------------------------

    \3\ 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, 
the ``Guang Ya Group'').
    \4\ Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped 
Aluminium (HK) Holding Limited and Karlton Aluminum Company Ltd. 
(collectively ``New Zhongya'').
---------------------------------------------------------------------------

    For the separate-rate companies, none of which were selected as 
respondents in the CVD investigation, we will instruct CBP to reduce 
the dumping margin by the amount of export subsidies included in the 
All Others rate from the CVD order (42.16 percent), published 
concurrently with this notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as discussed above. See section 
735(c)(3) of the Act. The ``PRC-wide'' rate applies to all exporters of 
subject merchandise not specifically listed.

Gap Period

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of the exporters that account for a significant 
proportion of exports of aluminum extrusions from the PRC, we extended 
the four-month period to no more than six months. See Letter from the 
Guang Ya Group (November 1, 2010). In the underlying investigation, the 
Department published the Preliminary Determination on November 12, 
2010. See Preliminary Determination, 75 FR 69403. Therefore, the six-
month period beginning on the date of the publication of the 
Preliminary Determination ended on May 11, 2011. Furthermore, section 
737(b) of the Act states that definitive duties are to begin on the 
date of publication of the ITC's final injury determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of aluminum extrusions from the PRC entered, or 
withdrawn from warehouse, for consumption after May 11, 2011, the date 
provisional measures expired, and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register. Suspension of liquidation will resume on and after the date 
of publication of the ITC's final injury determination in the Federal 
Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
          Exporter                       Producer               average
                                                                margin
------------------------------------------------------------------------
Guang Ya Aluminium            Guang Ya Aluminium Industries        33.28
 Industries Co., Ltd.;         Co., Ltd.; Foshan Guangcheng
 Foshan Guangcheng Aluminium   Aluminium Co., Ltd.; Kong Ah
 Co., Ltd.; Kong Ah            International Company
 International Company         Limited; Guang Ya Aluminium
 Limited; Guang Ya Aluminium   Industries (Hong Kong)
 Industries (Hong Kong)        Limited; Zhaoqing New Zhongya
 Limited*.                     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.).
Zhaoqing New Zhongya          Guang Ya Aluminium Industries        33.28
 Aluminum Co., Ltd.; Zhongya   Co., Ltd; Foshan Guangcheng
 Shaped Aluminium (HK)         Aluminium Co., Ltd; Kong Ah
 Holding Limited; Karlton      International Company
 Aluminum Company Ltd*.        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....  Alnan Aluminium Co., Ltd......       32.79
Changshu Changsheng           Changshu Changsheng Aluminium        32.79
 Aluminium Products Co., Ltd.  Products Co., Ltd.
China Square Industrial       Zhaoqing China Square Industry       32.79
 Limited.                      Limited.
Cosco (J.M) Aluminium Co.,    Cosco (J.M) Aluminium Co.,           32.79
 Ltd.                          Ltd.; Jiangmen Qunxing
                               Hardware Diecasting Co., Ltd.
First Union Property Limited  Top-Wok Metal Co., Ltd........       32.79
Foshan Jinlan Non-ferrous     Foshan Jinlan Aluminium Co.          32.79
 Metal Product Co. Ltd.        Ltd.
Foshan Sanshui Fenglu         Foshan Sanshui Fenglu                32.79
 Aluminium Co., Ltd.           Aluminium Co., Ltd.
Guangdong Hao Mei Aluminium   Guangdong Hao Mei Aluminium          32.79
 Co., Ltd.                     Co., Ltd.
Guangdong Weiye Aluminium     Guangdong Weiye Aluminium            32.79
 Factory Co., Ltd.             Factory Co., Ltd.
Guangdong Xingfa Aluminium    Guangdong Xingfa Aluminium           32.79
 Co., Ltd.                     Co., Ltd.
Hanwood Enterprises Limited.  Pingguo Aluminium Company            32.79
                               Limited.
Honsense Development Company  Kanal Precision Aluminium            32.79
                               Product Co., Ltd.
Innovative Aluminium (Hong    Taishan Golden Gain Aluminium        32.79
 Kong) Limited.                Products Limited.
Jiangyin Trust International  Jiangyin Xinhong Doors and           32.79
 Inc.                          Windows Co., Ltd.
JMA (HK) Company Limited....  Guangdong Jianmei Aluminum           32.79
                               Profile Company Limited;
                               Foshan JMA Aluminium Company
                               Limited.
Kam Kiu Aluminium Products    Tai Shan City Kam Kiu                32.79
 Sdn Bhd.                      Aluminium Extrusion Co., Ltd.
Longkou Donghai Trade Co.,    Shandong Nanshan Aluminum Co.,       32.79
 Ltd.                          Ltd.
Ningbo Yili Import and        Zhejiang Anji Xinxiang               32.79
 Export Co., Ltd.              Aluminum Co., Ltd.
North China Aluminum Co.,     North China Aluminum Co., Ltd.       32.79
 Ltd.
PanAsia Aluminium (China)     PanAsia Aluminium (China)            32.79
 Limited.                      Limited.

[[Page 30653]]

 
Pingguo Asia Aluminum Co.,    Pingguo Asia Aluminum Co., Ltd       32.79
 Ltd.
Popular Plastics Co., Ltd...  Hoi Tat Plastic Mould & Metal        32.79
                               Factory.
Press Metal International     Press Metal International Ltd.       32.79
 Ltd.
Shenyang Yuanda Aluminium     Zhaoqing Asia Aluminum Factory       32.79
 Industry Engineering Co.      Company Limited; Guang Ya
 Ltd.                          Aluminum Industries Co., Ltd.
Tai-Ao Aluminium (Taishan)    Tai-Ao Aluminium (Taishan)           32.79
 Co., Ltd.                     Co., Ltd.
Tianjin Ruixin Electric Heat  Tianjin Ruixin Electric Heat         32.79
 Transmission Technology       Transmission Technology Co.,
 Co., Ltd..                    Ltd.
USA Worldwide Door            USA Worldwide Door Components        32.79
 Components (Pinghu) Co.,      (Pinghu) Co., Ltd.
 Ltd.; Worldwide Door
 Components (Pinghu) Co.
Zhejiang Yongkang Listar      Zhejiang Yongkang Listar             32.79
 Aluminium Industry Co., Ltd.  Aluminium Industry Co., Ltd.
Zhongshan Gold Mountain       Zhongshan Gold Mountain              32.79
 Aluminium Factory Ltd.        Aluminium Factory Ltd.
PRC-wide Entity.............  ..............................       33.28
------------------------------------------------------------------------
* Because Xinya Aluminum & Stainless Steel Product Co., Ltd. (``Xinya'')
  did not export subject merchandise to the United States during the
  period of investigation, for the final determination, Xinya is not
  being considered for a separate rate.

    This notice constitutes the antidumping duty order with respect to 
aluminum extrusions from the PRC pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room 7046 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: May 20, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-13086 Filed 5-25-11; 8:45 am]
BILLING CODE 3510-DS-P