Antidumping Order on Aluminum Extrusions from the People's Republic of China: Initiation of Changed Circumstances Review, 80887-80889 [2011-33184]
Download as PDF
<![CDATA[
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Information Collection;
Comment Request; Export Trading
Companies Contact Facilitation
Services
International Trade
Administration, Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before February 27,
2012.
SUMMARY:
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Jeffrey Anspacher Senior
Economist, Office of Competition and
Economic Analysis; (202) 482–6015;
Jeffrey.Anspacher@trade.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with NOTICES
I. Abstract
One of the goals of the Export Trading
Company (ETC) Act of 1982 is to
increase U.S. exports of goods and
services by encouraging a more efficient
provision of export trade services to
U.S. producers. Section 104 of the Act
directs the U.S. Department of
Commerce (DOC) to provide a service to
facilitate contact between producers of
exportable goods and services, and firms
offering export trade services. The
Export Trading Company Contact
Facilitation Service (CFS) is a database
designed to carry out the goal of Section
104 of the Act by putting U.S. producers
of goods and services together with U.S.
export service providers.
The DOC’s International Trade
Administration (ITA) maintains the CFS
database of U.S. producers and export
service providers (export trading and
export management firms, export sales
agents, freight forwarders, and other
export trade service providers) through
a public-private partnership. The
VerDate Mar<15>2010
22:00 Dec 23, 2011
Jkt 226001
producers and export service providers
voluntarily register their export interests
online at https://
www.exportyellowpages.com for
inclusion in the CFS. The Export Yellow
Pages[reg], an ITA program, uses the
CFS to help promote U.S. goods and
services, and enable U.S. producers to
locate export service providers.
The commercial profiles of CFS
registrants are accessible at https://
www.exportyellowpages.com. CFS
registrants are also listed in an annual
print directory distributed worldwide.
The CFS print and electronic directories
are made available through ‘‘The Export
Yellow Pages’’. Without the information
collected by the form, the CFS database
and the resulting directories would be
unreliable and ineffective, because endusers of this data need current
information about the listed companies.
II. Method of Collection
Form ITA–4094P is accessible to U.S.
firms at https://
www.exportyellowpages.com. This form
can also be sent by request to U.S. firms.
III. Data
OMB Control Number: 0625–0120.
Form Number(s): ITA–4094P.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations; not-for-profit
institutions; state, local, or tribal
government.
Estimated Number of Respondents:
18,000.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 4,500.
Estimated Total Annual Cost to
Public: $0.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
80887
Dated: December 21, 2011.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2011–33102 Filed 12–23–11; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Antidumping Order on Aluminum
Extrusions from the People’s Republic
of China: Initiation of Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Initiation of Changed
Circumstances Review.
AGENCY:
In response to a request from
Zhaoqing New Zhongya Aluminum Co.,
Ltd. (‘‘New Zhongya’’), a producer of
aluminum extrusions from the People’s
Republic of China (‘‘PRC’’), and
pursuant to section 751(b) of the Tariff
Act of 1930, as amended (the ‘‘Act’’),
and 19 CFR 351.216 and 351.221(c)(3),
the Department is initiating a changed
circumstances review (‘‘CCR’’) of the
antidumping duty order on aluminum
extrusions from the PRC. This review is
being conducted to determine whether
Guangdong Zhongya Aluminum
Company Limited is the successor-ininterest to New Zhongya for purposes of
determining antidumping duty liability.
DATES: Effective Date: December 27,
2011.
SUMMARY:
Paul
Stolz, Office of 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.
FOR FURTHER INFORMATION CONTACT:
Background
New Zhongya, a producer of
aluminum extrusions, participated in
the antidumping duty investigation of
aluminum extrusions from the PRC. The
Department issued its final
determination for this investigation on
April 4, 2011. 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); 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,
E:\FR\FM\27DEN1.SGM
27DEN1
80888
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
2011). As a result of this final
determination, New Zhongya’s
weighted-average dumping margin is
33.28 percent ad valorem. Id. The
antidumping duty order was issued on
May 26, 2011. See Aluminum
Extrusions from the People’s Republic of
China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011).
On November 7, 2011, New Zhongya
requested a CCR claiming that it
changed its name to Guangdong
Zhongya Aluminum Company Limited.
New Zhongya requested that the
antidumping duty rates in effect before
the date of the name change (i.e., August
16, 2011) continue under the new name.
New Zhongya’s request was
accompanied by supporting documents,
and the company stated that it
underwent no changes other than the
change in the name. Specifically, New
Zhongya stated that no changes were
made in personnel, management,
ownership, facilities, customers,
suppliers, etc.
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
VerDate Mar<15>2010
22:00 Dec 23, 2011
Jkt 226001
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 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
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\27DEN1.SGM
27DEN1
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
Also excluded from the scope of the
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 of the order is
dispositive.
sroberts on DSK5SPTVN1PROD with NOTICES
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a CCR
upon receipt of a request from an
interested party which shows changed
circumstances sufficient to warrant a
review of the order. On November 7,
2011, New Zhongya filed a request for
an antidumping duty CCR in which it
claimed that Guangdong Zhongya
Aluminum Company Limited is the
successor-in-interest to New Zhongya.
With its request, the company submitted
certain information related to its claim
and stated that this name change has not
affected the company’s management,
sales operations, supplier relationships
or customer base in any meaningful
way. In accordance with section 751(b)
of the Act and 19 CFR 351.216, the
Department has determined that there is
a sufficient basis to initiate an
antidumping duty CCR to determine
whether Guangdong Zhongya
Aluminum Company Limited is the
successor-in-interest to New Zhongya.1
1 On November 7, 2011, New Zhongya also
requested a CCR in the complementary
countervailing duty order on aluminum extrusions
from the PRC, which the Department rejected due
to insufficient information for initiation. See Letter
from Kristen Johnson, Acting Program Manager,
Office 3, to New Zhongya, dated December 12,
2011.
VerDate Mar<15>2010
22:00 Dec 23, 2011
Jkt 226001
In making a successor-in-interest
determination in antidumping duty
proceedings, the Department typically
examines several factors including, but
not limited to: (1) Management; (2)
production facilities; (3) supplier
relationships, and (4) customer base.
See, e.g., Brass Sheet and Strip From
Canada: Final Results of Antidumping
Duty Administrative Review, 57 FR
20460, 20462 (May 13, 1992) and
Certain Cut-To-Length Carbon Steel
Plate from Romania: Initiation and
Preliminary Results of Changed
Circumstances Antidumping Duty
Administrative Review, 70 FR 22847
(May 3, 2005) (Plate from Romania),
unchanged in the Notice of Final Results
of Antidumping Duty Changed
Circumstances Review: Certain Cut-toLength Carbon Steel Plate From
Romania, 70 FR 35624 (June 21, 2005).
While no single factor or combination of
factors will necessarily be dispositive,
the Department generally will consider
the new company to be the successor to
the predecessor company if the resulting
operations are essentially the same as
those of the predecessor company. See,
e.g., Industrial Phosphoric Acid from
Israel: Final Results of Antidumping
Duty Changed Circumstances Review,
59 FR 6944, 6945 (February 14, 1994),
and Plate from Romania, 70 FR at
22847. Thus, if the record evidence
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor. See, e.g., Final Results of
Antidumping Duty Changed
Circumstances Review: Fresh and
Chilled Atlantic Salmon from Norway,
75 FR 32370, 32371 (June 8, 2010), and
accompanying Issues and Decision
Memorandum at Comment 1.
During the course of this CCR, cash
deposit requirements for subject
merchandise exports will continue to be
the rate established in the antidumping
duty investigation. The cash deposit
rates will be altered, if warranted,
pursuant only to the final results of the
review.
The Department will issue
questionnaires requesting additional
information concerning the
antidumping duty review and will
publish in the Federal Register a notice
of the preliminary results of the CCR, in
accordance with 19 CFR 351.221(b)(2)
and (4), and 19 CFR 351.221(c)(3)(i).
The antidumping duty notice will set
forth the factual and legal conclusions
upon which our preliminary results are
based and a description of any action
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
80889
proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will
have an opportunity to comment on the
preliminary results of the review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty CCR not later
than 270 days after the date on which
the review is initiated.
This notice of initiation is in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(b) and (d), and 19
CFR 351.221(b)(1).
Dated: December 19, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2011–33184 Filed 12–23–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA894
Gulf of Mexico Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Council to convene a public
meeting.
AGENCY:
The Gulf of Mexico Fishery
Management Council will convene a
meeting of the Red Snapper Advisory
Panel (AP).
DATES: The meeting will convene at 9
a.m.–5 p.m. on Friday, January 13, 2012.
ADDRESSES: The meeting will be held at
the Gulf of Mexico Fishery Management
Council, 2203 North Lois Avenue, Suite
1100, Tampa, FL 33607; telephone:
(813) 348–1630.
Council address: Gulf of Mexico
Fishery Management Council, 2203 N.
Lois Avenue, Suite 1100, Tampa, FL
33607.
FOR FURTHER INFORMATION CONTACT:
Steven Atran, Population Dynamics
Statistician; Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION: The Red
Snapper AP will review updated catch
data and other information on the red
snapper fishery provided by the
Southeast Fisheries Science Center, and
the recommendations from the Standing
and Special Reef Fish Scientific and
Statistical Committee for acceptable
biological catch beginning in 2012.
Using this information, the AP will
provide recommendations for catch
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
]]>Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80887-80889]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33184]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Antidumping Order on Aluminum Extrusions from the People's
Republic of China: Initiation of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Initiation of Changed Circumstances Review.
-----------------------------------------------------------------------
SUMMARY: In response to a request from Zhaoqing New Zhongya Aluminum
Co., Ltd. (``New Zhongya''), a producer of aluminum extrusions from the
People's Republic of China (``PRC''), and pursuant to section 751(b) of
the Tariff Act of 1930, as amended (the ``Act''), and 19 CFR 351.216
and 351.221(c)(3), the Department is initiating a changed circumstances
review (``CCR'') of the antidumping duty order on aluminum extrusions
from the PRC. This review is being conducted to determine whether
Guangdong Zhongya Aluminum Company Limited is the successor-in-interest
to New Zhongya for purposes of determining antidumping duty liability.
DATES: Effective Date: December 27, 2011.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, Office of 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.
Background
New Zhongya, a producer of aluminum extrusions, participated in the
antidumping duty investigation of aluminum extrusions from the PRC. The
Department issued its final determination for this investigation on
April 4, 2011. 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); 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,
[[Page 80888]]
2011). As a result of this final determination, New Zhongya's weighted-
average dumping margin is 33.28 percent ad valorem. Id. The antidumping
duty order was issued on May 26, 2011. See Aluminum Extrusions from the
People's Republic of China: Antidumping Duty Order, 76 FR 30650 (May
26, 2011).
On November 7, 2011, New Zhongya requested a CCR claiming that it
changed its name to Guangdong Zhongya Aluminum Company Limited. New
Zhongya requested that the antidumping duty rates in effect before the
date of the name change (i.e., August 16, 2011) continue under the new
name. New Zhongya's request was accompanied by supporting documents,
and the company stated that it underwent no changes other than the
change in the name. Specifically, New Zhongya stated that no changes
were made in personnel, management, ownership, facilities, customers,
suppliers, etc.
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, 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.
[[Page 80889]]
Also excluded from the scope of the 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 of the order is
dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Act, the Department will
conduct a CCR upon receipt of a request from an interested party which
shows changed circumstances sufficient to warrant a review of the
order. On November 7, 2011, New Zhongya filed a request for an
antidumping duty CCR in which it claimed that Guangdong Zhongya
Aluminum Company Limited is the successor-in-interest to New Zhongya.
With its request, the company submitted certain information related to
its claim and stated that this name change has not affected the
company's management, sales operations, supplier relationships or
customer base in any meaningful way. In accordance with section 751(b)
of the Act and 19 CFR 351.216, the Department has determined that there
is a sufficient basis to initiate an antidumping duty CCR to determine
whether Guangdong Zhongya Aluminum Company Limited is the successor-in-
interest to New Zhongya.\1\
---------------------------------------------------------------------------
\1\ On November 7, 2011, New Zhongya also requested a CCR in the
complementary countervailing duty order on aluminum extrusions from
the PRC, which the Department rejected due to insufficient
information for initiation. See Letter from Kristen Johnson, Acting
Program Manager, Office 3, to New Zhongya, dated December 12, 2011.
---------------------------------------------------------------------------
In making a successor-in-interest determination in antidumping duty
proceedings, the Department typically examines several factors
including, but not limited to: (1) Management; (2) production
facilities; (3) supplier relationships, and (4) customer base. See,
e.g., Brass Sheet and Strip From Canada: Final Results of Antidumping
Duty Administrative Review, 57 FR 20460, 20462 (May 13, 1992) and
Certain Cut-To-Length Carbon Steel Plate from Romania: Initiation and
Preliminary Results of Changed Circumstances Antidumping Duty
Administrative Review, 70 FR 22847 (May 3, 2005) (Plate from Romania),
unchanged in the Notice of Final Results of Antidumping Duty Changed
Circumstances Review: Certain Cut-to-Length Carbon Steel Plate From
Romania, 70 FR 35624 (June 21, 2005). While no single factor or
combination of factors will necessarily be dispositive, the Department
generally will consider the new company to be the successor to the
predecessor company if the resulting operations are essentially the
same as those of the predecessor company. See, e.g., Industrial
Phosphoric Acid from Israel: Final Results of Antidumping Duty Changed
Circumstances Review, 59 FR 6944, 6945 (February 14, 1994), and Plate
from Romania, 70 FR at 22847. Thus, if the record evidence demonstrates
that, with respect to the production and sale of the subject
merchandise, the new company operates as the same business entity as
the predecessor company, the Department may assign the new company the
cash deposit rate of its predecessor. See, e.g., Final Results of
Antidumping Duty Changed Circumstances Review: Fresh and Chilled
Atlantic Salmon from Norway, 75 FR 32370, 32371 (June 8, 2010), and
accompanying Issues and Decision Memorandum at Comment 1.
During the course of this CCR, cash deposit requirements for
subject merchandise exports will continue to be the rate established in
the antidumping duty investigation. The cash deposit rates will be
altered, if warranted, pursuant only to the final results of the
review.
The Department will issue questionnaires requesting additional
information concerning the antidumping duty review and will publish in
the Federal Register a notice of the preliminary results of the CCR, in
accordance with 19 CFR 351.221(b)(2) and (4), and 19 CFR
351.221(c)(3)(i). The antidumping duty notice will set forth the
factual and legal conclusions upon which our preliminary results are
based and a description of any action proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results of the review. In accordance with 19
CFR 351.216(e), the Department will issue the final results of its
antidumping duty CCR not later than 270 days after the date on which
the review is initiated.
This notice of initiation is in accordance with section 751(b)(1)
of the Act, 19 CFR 351.216(b) and (d), and 19 CFR 351.221(b)(1).
Dated: December 19, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011-33184 Filed 12-23-11; 8:45 am]
BILLING CODE 3510-DS-P
