Aluminum Extrusions From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping and Countervailing Duty Orders in Part, 66895-66898 [2013-26744]
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Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Notices
percentage of the relevant industry
supports the petition. A petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, sections 702(c)(4)(D)
and 732(c)(4)(D) of the Act provide that,
if the petition does not establish support
of domestic producers or workers
accounting for more than 50 percent of
the total production of the domestic like
product, the Department shall: (i) Poll
the industry or rely on other
information in order to determine if
there is support for the petition, as
required by subparagraph (A), or (ii) if
there is a large number of producers,
determine industry support using a
statistically valid sampling method to
poll the industry.
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Sections 702(c)(1)(A)(ii) and
732(c)(1)(A)(ii) of the Act provide that
within 20 days of the filing of an
antidumping duty and countervailing
duty petition, the Department will
determine, inter alia, whether the
petition has been filed by or on behalf
of the U.S. industry producing the
domestic like product. Sections
702(c)(1)(B) and 732(c)(1)(B) of the Act
provide that the deadline for the
initiation determination, in exceptional
circumstances, may be extended by 20
days in any case in which the
Department must ‘‘poll or otherwise
determine support for the petition by
the industry.’’ Because it is not clear
from the Petitions whether the industry
support criteria have been met, the
Department has determined it should
extend the time for initiating these
investigations in order to further
examine the issue of industry support.
The Department will need additional
time to gather and analyze additional
information regarding industry support.
Therefore, it is necessary to extend the
deadline determining the adequacy of
the Petitions for a period not to exceed
40 days from the filing of the Petition.
Because the extended initiation
determinations date of December 1,
2013, falls on a Sunday, a non-business
day, the Department’s initiation
determinations will now be due no later
than December 2, 2013, the next
business day.2
2 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
16:24 Nov 06, 2013
The Department will contact the
International Trade Commission (‘‘ITC’’)
and will make this extension notice
available to the ITC.
Dated: November 1, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–26730 Filed 11–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967, C–570–968]
Aluminum Extrusions From the
People’s Republic of China:
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke Antidumping and
Countervailing Duty Orders in Part
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective: November 7, 2013.
SUMMARY: On June 20, 2013, the
Department of Commerce (Department)
received a request for changed
circumstances reviews and a request to
revoke, in part, the antidumping (AD)
and countervailing duty (CVD) orders
on aluminum extrusions from the
People’s Republic of China (PRC),1 with
respect to certain rectangular wire. We
published the notice of initiation of
changed circumstances reviews on
August 20, 2013 and invited comments
from interested parties. We received no
comments. We preliminarily conclude
that changed circumstances warrant the
revocation of the Orders, in part.
Specifically, we preliminarily determine
that producers accounting for
substantially all of the production of the
domestic like product to which these
Orders pertain lack interest in the relief
provided by the AD and CVD Orders
based on a statement of no interest in
the continuation of the Orders with
respect to certain rectangular wire
described below. Accordingly, we are
notifying the public of our intent to
revoke, in part, these Orders as to
imports of certain rectangular wire
AGENCY:
Extension of Time
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International Trade Commission
Notification
Jkt 232001
Determination Deadlines Pursuant to Tariff Act of
1930, As Amended, 70 FR 24533 (May 10, 2005).
1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) and Aluminum Extrusions
From the People’s Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26,
2011) (together, the Orders).
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66895
described below. The Department
invites interested parties to comment on
these preliminary results.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington DC 20230;
telephone (202) 482–3965.
Background
On May 26, 2011, the Department
published the AD and CVD Orders in
the Federal Register. On June 20, 2013,
the Department received a request on
behalf of 3M Company (3M) for changed
circumstances reviews to revoke, in
part, the Orders with respect to certain
rectangular wire imported by 3M. In its
request, 3M attached a letter submitted
on behalf of the Aluminum Extrusion
Fair Trade Committee (AEFTC), the
petitioners in the less-than-fair-value
and CVD investigations, and the
Aluminum Extrusion Council (AEC), in
which representatives of the AEFTC and
AEC stated that they no longer have
interest in maintaining the Orders with
respect to certain rectangular wireidentified in 3M’s request for the
changed circumstances reviews.
On July 2, 2013, 3M filed a letter
containing a clarification from the
AEFTC and AEC in which they stated
that they no longer have interest in
maintaining the Orders with respect to
certain rectangular wire, regardless of
whether 3M or another party imports it.
On August 20, 2013, we published a
notice of initiation of these changed
circumstances reviews.2 Because the
statement provided by the AEC and
offered in support of 3M’s request for
changed circumstances reviews did not
indicate whether the AEC accounts for
substantially all of domestic aluminum
extrusion production, in the Initiation
Notice, we invited interested parties to
comment on the Department’s initiation.
We received no comments from
interested parties.
Scope of the Orders
The merchandise covered by these
Orders 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
2 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Changed
Circumstance Reviews and Consideration of
Revocation of the Antidumping and Countervailing
Duty Orders in Part, 78 FR 51143 (August 20, 2013)
(Initiation Notice).
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66896
Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Notices
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.
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16:24 Nov 06, 2013
Jkt 232001
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
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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 millimeters (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 these
Orders 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 (HTSUS):
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 HTSUS
chapters. In addition, fin evaporator
coils may be classifiable under HTSUS
numbers: 8418.99.80.50 and
8418.99.80.60.
Additional subject products may be
classifiable under the following HTSUS
categories: 7615.19.10, 7615.19.30,
7615.19.50, 7615.19.70, 7615.19.90,
7616.99.10, 7616.99.50, 8302.10.3000,
8302.10.6030, 8302.10.6060,
8302.10.6090, 8302.30.3010,
8302.30.3060, 8302.41.3000,
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8302.41.6015, 8302.41.6045,
8302.41.6050, 8302.41.6080,
8302.42.3010, 8302.42.3015,
8302.42.3065, 8302.49.6035,
8302.49.6045, 8302.49.6055,
8302.49.6085, 8302.50.0000,
8302.60.9000, 8306.30.0000,
8419.90.1000, 8479.89.98, 8479.90.94,
8513.90.20, 9403.10.00, 9403.20.00,
9403.90.1040, 9403.90.1050,
9403.90.1085, 9403.90.2540,
9403.90.2580, 9403.90.4005,
9403.90.4010, 9403.90.4060,
9403.90.5005, 9403.90.5010,
9403.90.5080, 9403.90.6005,
9403.90.6010, 9403.90.6080,
9403.90.7005, 9403.90.7010,
9403.90.7080, 9403.90.8010,
9403.90.8015, 9403.90.8020,
9403.90.8030, 9403.90.8041,
9403.90.8051, 9403.90.8061,
9506.11.4080, 9506.51.4000,
9506.51.6000, 9506.59.4040,
9506.70.2090, 9506.91.0010,
9506.91.0020, 9506.91.0030,
9506.99.0510, 9506.99.0520,
9506.99.0530, 9506.99.1500,
9506.99.2000, 9506.99.2580,
9506.99.2800, 9506.99.6080,
9507.30.2000, 9507.30.4000,
9507.30.6000, and 9507.90.6000.
While HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of these Orders is dispositive.
Scope of Changed Circumstance
Reviews
The merchandise covered by these
changed circumstances reviews is:
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{C}ertain rectangular wire produced from
continuously cast rolled aluminum wire rod,
which is subsequently extruded to dimension
to form rectangular wire. The product is
made from aluminum alloy grade 1070 or
1370, with no recycled metal content
allowed. The dimensions of the wire are 5
mm (+/¥ 0.05 mm) in width and 1.0 mm (+/
¥ 0.02 mm) in thickness. Imports of
rectangular wire are provided for under
HTSUS category 7605.19.000.
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke the Orders in Part
Pursuant to section 751(d)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.222(g), the Department
may revoke an AD or CVD order, in
whole or in part, based on a review
under section 751(b) of the Act (i.e., a
changed circumstances review). Section
751(b)(1) of the Act requires a changed
circumstances review to be conducted
upon receipt of a request which shows
changed circumstances sufficient to
warrant a review. Section 782(h)(2) of
the Act gives the Department the
authority to revoke an order if producers
accounting for substantially all of the
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16:24 Nov 06, 2013
Jkt 232001
production of the domestic like product
have expressed a lack of interest in the
order. 19 CFR 351.222(g) provides that
the Department will conduct a changed
circumstances review under 19 CFR
351.216, and may revoke an order (in
whole or in part), if it concludes that (i)
producers accounting for substantially
all of the production of the domestic
like product to which the order pertains
have expressed a lack of interest in the
relief provided by the order, in whole or
in part, or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and the
Department’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
the Department to revoke the orders, in
whole or in part.3 The Department has
interpreted ‘‘substantially all’’ to
represent producers accounting for at
least 85 percent of U.S. production of
the domestic like product.4
As noted in the Initiation Notice, 3M
requested the revocation of the Orders,
in part, and supported its request. In
light of 3M’s submission and because
the Department received no comments
during the comment period, we
preliminarily conclude that changed
circumstances warrant revocation of the
Orders, in part, because producers
accounting for substantially all of the
production of the domestic like product,
to which these Orders pertain, lack
interest in the relief provided by the
Orders with respect to the certain
rectangular wire that is the subject of
3M’s request.
Accordingly, we are notifying the
public of our intent to revoke the
Orders, in part, with respect to certain
rectangular wire. We intend to revoke
the Orders as to certain rectangular wire
by including the following language in
the scope of each order:
Also excluded from the scope of the order
is certain rectangular wire produced from
continuously cast rolled aluminum wire rod,
which is subsequently extruded to dimension
to form rectangular wire. The product is
made from aluminum alloy grade 1070 or
1370, with no recycled metal content
allowed. The dimensions of the wire are 5
mm (+/¥ 0.05 mm) in width and 1.0 mm (+/
¥ 0.02 mm) in thickness. Imports of
rectangular wire are provided for under
HTSUS category 7605.19.000.
3 See
section 782(h) of the Act and 19 CFR
351.222(g).
4 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012) (Honey CCR),
unchanged in Honey from Argentina; Final Results
of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping
and Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
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66897
Request to Expedite Final Results
On September 5, 2013, 3M requested
that the Department expedite the
changed circumstances reviews and
issue final results no later than October
4, 2013.5 3M argued that the
Department’s regulations do not specify
a deadline for the issuance of
preliminary results of a changed
circumstances review, but provide that
the Department will issue the final
results within 45 days if all parties to
the proceeding agree to the outcome of
the review.6 3M argued that, because no
party submitted comments in
opposition to their request, the
Department should conclude that all
parties agree with their request and
issue the final results no later than 45
days after the Initiation Notice, or
October 4, 2013.7
The Department did not issue a
combined notice of initiation and
preliminary results because, as
discussed above, the statement provided
by the AEC and offered in support of
3M’s request for changed circumstances
reviews does not indicate whether the
AEC accounts for substantially all of
domestic aluminum extrusion
production.8 Thus, the Department did
not determine, at the time the Initiation
Notice was published, that producers
accounting for substantially all of the
production of the domestic like product
lacked interest in the continued
application of the Orders as to certain
rectangular wire. Further, the
Department requested interested party
comments on the issue of domestic
industry support of partial revocations.9
As noted above, because the Department
received no comments during the
comment period, including comments
concerning industry support or
opposing initiation of the changed
circumstances reviews of the Orders, the
Department now preliminary finds that
producers accounting for substantially
all of the production of the domestic
like product lack interest in the relief
afforded by the Orders with respect to
the certain rectangular wire, and
requests comment on that preliminary
finding, before issuing the final
results.10
5 See ‘‘Aluminum Extrusions from the People’s
Republic of China: Request to Expedite Changed
Circumstance Review’’ (September 5, 2013) (3M’s
Request).
6 Id., at 2, quoting 19 CFR 351.216(e).
7 Id., at 2–3.
8 See Initiation Notice, 78 FR at 51144.
9 Id.
10 See, e.g., Honey CCR; see also 19 CFR
351.222(g)(1)(v) (providing that, if the Department’s
preliminary decision is that changed circumstances
warrant revocation, the Department will publish the
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Federal Register / Vol. 78, No. 216 / Thursday, November 7, 2013 / Notices
Public Comment
Interested parties are invited to
comment on these preliminary results in
accordance with 19 CFR
351.309(c)(1)(ii). If an interested party is
of the view that certain arguments
continue to be relevant to the
Department’s final results of this review,
that interested party is required to file
a case brief containing all such
arguments, including any such
arguments presented to the Department
before the date of publication of the
preliminary results, pursuant to 19 CFR
351.309(c)(2). Written comments may be
submitted no later than 14 days after the
date of publication of these preliminary
results. Rebuttals to written comments,
limited to issues raised in such
comments, may be filed no later than 21
days after the date of publication of
these preliminary results. All comments
are to be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(IA ACCESS) available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, Room 7046 of
the main Department of Commerce
building, and must also be served on
interested parties.11 An electronically
filed document must be received
successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard
Time on the day it is due.12
The Department will issue the final
results of these changed circumstances
reviews, which will include its analysis
of any written comments, no later than
270 days after the date on which these
reviews were initiated.
If, in the final results, the Department
continues to determine that changed
circumstances warrant the revocation of
the Orders, in part, we will instruct U.S.
Customs and Border Protection (CBP) to
liquidate without regard to ADs and
CVDs, and to refund any estimated ADs
and CVDs collected, on all unliquidated
entries of the product in question that
are not covered by the final results of an
administrative review or automatic
liquidation. Specifically, because there
has been no completed administrative
review of the Orders, we will instruct
CBP to liquidate, without regard to ADs
and CVDs, and refund estimated ADs
and CVDs collected, on unliquidated
entries of aluminum extrusions meeting
the specifications of the product in
question, entered or withdrawn from
warehouse, for consumption, on or after
notice of preliminary results, pursuant to 19 CFR
351.221(b)(4), and notice of intent to revoke order
in part).
11 See 19 CFR 351.303(f).
12 See 19 CFR 351.310(c).
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November 12, 2010 (for ADs) and
September 7, 2010 (for CVDs).
The current requirement for cash
deposits of estimated ADs and CVDs on
all entries of subject merchandise will
continue unless and until they are
modified pursuant to the final results of
these changed circumstances reviews.
These preliminary results of review
and notice are in accordance with
sections 751(b) and 777(i) of the Act and
19 CFR 351.221 and 19 CFR 351.222.
Dated: October 31, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2013–26744 Filed 11–6–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–818]
Low Enriched Uranium From France:
Final Results of Changed
Circumstances Review
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has extended the
deadline, until November 1, 2015, for
the re-exportation of one specified entry
of low enriched uranium (LEU) that
entered under a narrow provision
excluding it from the scope of the
antidumping (AD) order.1 The
Department also determined that this
will be the final extension of the reexportation deadline.
DATES: Effective: November 7, 2013.
FOR FURTHER INFORMATION CONTACT:
Andrew Huston or Mark Hoadley, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4261 or (202) 482–3148,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the
Preliminary Results, the following
events have taken place. Eurodif S.A.
and AREVA NP Inc. (collectively,
1 See Low Enriched Uranium from France:
Initiation of Expedited Changed Circumstances
Review, and Preliminary Results of Changed
Circumstances Review, 78 FR 52905 (August 27,
2013) (Preliminary Results).
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AREVA) submitted comments on
September 11, 2013. No other party
submitted comments and no rebuttal
comments were filed.
Scope of the Order
The product covered by the order is
all low-enriched uranium. Lowenriched uranium is enriched uranium
hexafluoride (UF6) with a U235 product
assay of less than 20 percent that has
not been converted into another
chemical form, such as UO2, or
fabricated into nuclear fuel assemblies,
regardless of the means by which the
LEU is produced (including lowenriched uranium produced through the
down-blending of highly enriched
uranium).
Certain merchandise is outside the
scope of the order. Specifically, the
order does not cover enriched uranium
hexafluoride with a U235 assay of 20
percent or greater, also known as highlyenriched uranium. In addition,
fabricated low-enriched uranium is not
covered by the scope of the order. For
purposes of the order, fabricated
uranium is defined as enriched uranium
dioxide (UO2), whether or not contained
in nuclear fuel rods or assemblies.
Natural uranium concentrates (U3O8)
with a U235 concentration of no greater
than 0.711 percent and natural uranium
concentrates converted into uranium
hexafluoride with a U235 concentration
of no greater than 0.711 percent are not
covered by the scope of the order.
Also excluded from the order is lowenriched uranium owned by a foreign
utility end-user and imported into the
United States by or for such end-user
solely for purposes of conversion by a
U.S. fabricator into uranium dioxide
(UO2) and/or fabrication into fuel
assemblies so long as the uranium
dioxide and/or fuel assemblies deemed
to incorporate such imported lowenriched uranium (i) remain in the
possession and control of the U.S.
fabricator, the foreign end-user, or their
designed transporter(s) while in U.S.
customs territory, and (ii) are reexported within eighteen (18) months of
entry of the low-enriched uranium for
consumption by the end-user in a
nuclear reactor outside the United
States. Such entries must be
accompanied by the certifications of the
importer and end-user.
The merchandise subject to this order
is classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
at subheading 2844.20.0020. Subject
merchandise may also enter under
2844.20.0030, 2844.20.0050, and
2844.40.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
E:\FR\FM\07NON1.SGM
07NON1
]]>Agencies
[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66895-66898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26744]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China:
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke Antidumping and Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective: November 7, 2013.
SUMMARY: On June 20, 2013, the Department of Commerce (Department)
received a request for changed circumstances reviews and a request to
revoke, in part, the antidumping (AD) and countervailing duty (CVD)
orders on aluminum extrusions from the People's Republic of China
(PRC),\1\ with respect to certain rectangular wire. We published the
notice of initiation of changed circumstances reviews on August 20,
2013 and invited comments from interested parties. We received no
comments. We preliminarily conclude that changed circumstances warrant
the revocation of the Orders, in part. Specifically, we preliminarily
determine that producers accounting for substantially all of the
production of the domestic like product to which these Orders pertain
lack interest in the relief provided by the AD and CVD Orders based on
a statement of no interest in the continuation of the Orders with
respect to certain rectangular wire described below. Accordingly, we
are notifying the public of our intent to revoke, in part, these Orders
as to imports of certain rectangular wire described below. The
Department invites interested parties to comment on these preliminary
results.
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum
Extrusions From the People's Republic of China: Countervailing Duty
Order, 76 FR 30653 (May 26, 2011) (together, the Orders).
FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington DC 20230; telephone (202) 482-3965.
Background
On May 26, 2011, the Department published the AD and CVD Orders in
the Federal Register. On June 20, 2013, the Department received a
request on behalf of 3M Company (3M) for changed circumstances reviews
to revoke, in part, the Orders with respect to certain rectangular wire
imported by 3M. In its request, 3M attached a letter submitted on
behalf of the Aluminum Extrusion Fair Trade Committee (AEFTC), the
petitioners in the less-than-fair-value and CVD investigations, and the
Aluminum Extrusion Council (AEC), in which representatives of the AEFTC
and AEC stated that they no longer have interest in maintaining the
Orders with respect to certain rectangular wire-identified in 3M's
request for the changed circumstances reviews.
On July 2, 2013, 3M filed a letter containing a clarification from
the AEFTC and AEC in which they stated that they no longer have
interest in maintaining the Orders with respect to certain rectangular
wire, regardless of whether 3M or another party imports it. On August
20, 2013, we published a notice of initiation of these changed
circumstances reviews.\2\ Because the statement provided by the AEC and
offered in support of 3M's request for changed circumstances reviews
did not indicate whether the AEC accounts for substantially all of
domestic aluminum extrusion production, in the Initiation Notice, we
invited interested parties to comment on the Department's initiation.
We received no comments from interested parties.
---------------------------------------------------------------------------
\2\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Changed Circumstance Reviews and Consideration of
Revocation of the Antidumping and Countervailing Duty Orders in
Part, 78 FR 51143 (August 20, 2013) (Initiation Notice).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these Orders 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
[[Page 66896]]
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 millimeters (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 these Orders 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 (HTSUS): 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
HTSUS chapters. In addition, fin evaporator coils may be classifiable
under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
Additional subject products may be classifiable under the following
HTSUS categories: 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70,
7615.19.90, 7616.99.10, 7616.99.50, 8302.10.3000, 8302.10.6030,
8302.10.6060, 8302.10.6090, 8302.30.3010, 8302.30.3060, 8302.41.3000,
[[Page 66897]]
8302.41.6015, 8302.41.6045, 8302.41.6050, 8302.41.6080, 8302.42.3010,
8302.42.3015, 8302.42.3065, 8302.49.6035, 8302.49.6045, 8302.49.6055,
8302.49.6085, 8302.50.0000, 8302.60.9000, 8306.30.0000, 8419.90.1000,
8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00,
9403.90.1040, 9403.90.1050, 9403.90.1085, 9403.90.2540, 9403.90.2580,
9403.90.4005, 9403.90.4010, 9403.90.4060, 9403.90.5005, 9403.90.5010,
9403.90.5080, 9403.90.6005, 9403.90.6010, 9403.90.6080, 9403.90.7005,
9403.90.7010, 9403.90.7080, 9403.90.8010, 9403.90.8015, 9403.90.8020,
9403.90.8030, 9403.90.8041, 9403.90.8051, 9403.90.8061, 9506.11.4080,
9506.51.4000, 9506.51.6000, 9506.59.4040, 9506.70.2090, 9506.91.0010,
9506.91.0020, 9506.91.0030, 9506.99.0510, 9506.99.0520, 9506.99.0530,
9506.99.1500, 9506.99.2000, 9506.99.2580, 9506.99.2800, 9506.99.6080,
9507.30.2000, 9507.30.4000, 9507.30.6000, and 9507.90.6000.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of these Orders is
dispositive.
Scope of Changed Circumstance Reviews
The merchandise covered by these changed circumstances reviews is:
{C{time} ertain rectangular wire produced from continuously cast
rolled aluminum wire rod, which is subsequently extruded to
dimension to form rectangular wire. The product is made from
aluminum alloy grade 1070 or 1370, with no recycled metal content
allowed. The dimensions of the wire are 5 mm (+/- 0.05 mm) in width
and 1.0 mm (+/- 0.02 mm) in thickness. Imports of rectangular wire
are provided for under HTSUS category 7605.19.000.
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke the Orders in Part
Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.222(g), the Department may revoke an AD or
CVD order, in whole or in part, based on a review under section 751(b)
of the Act (i.e., a changed circumstances review). Section 751(b)(1) of
the Act requires a changed circumstances review to be conducted upon
receipt of a request which shows changed circumstances sufficient to
warrant a review. Section 782(h)(2) of the Act gives the Department the
authority to revoke an order if producers accounting for substantially
all of the production of the domestic like product have expressed a
lack of interest in the order. 19 CFR 351.222(g) provides that the
Department will conduct a changed circumstances review under 19 CFR
351.216, and may revoke an order (in whole or in part), if it concludes
that (i) producers accounting for substantially all of the production
of the domestic like product to which the order pertains have expressed
a lack of interest in the relief provided by the order, in whole or in
part, or (ii) if other changed circumstances sufficient to warrant
revocation exist. Both the Act and the Department's regulations require
that ``substantially all'' domestic producers express a lack of
interest in the order for the Department to revoke the orders, in whole
or in part.\3\ The Department has interpreted ``substantially all'' to
represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\4\
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\3\ See section 782(h) of the Act and 19 CFR 351.222(g).
\4\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012) (Honey CCR), unchanged in Honey from Argentina;
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------
As noted in the Initiation Notice, 3M requested the revocation of
the Orders, in part, and supported its request. In light of 3M's
submission and because the Department received no comments during the
comment period, we preliminarily conclude that changed circumstances
warrant revocation of the Orders, in part, because producers accounting
for substantially all of the production of the domestic like product,
to which these Orders pertain, lack interest in the relief provided by
the Orders with respect to the certain rectangular wire that is the
subject of 3M's request.
Accordingly, we are notifying the public of our intent to revoke
the Orders, in part, with respect to certain rectangular wire. We
intend to revoke the Orders as to certain rectangular wire by including
the following language in the scope of each order:
Also excluded from the scope of the order is certain rectangular
wire produced from continuously cast rolled aluminum wire rod, which
is subsequently extruded to dimension to form rectangular wire. The
product is made from aluminum alloy grade 1070 or 1370, with no
recycled metal content allowed. The dimensions of the wire are 5 mm
(+/- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in thickness.
Imports of rectangular wire are provided for under HTSUS category
7605.19.000.
Request to Expedite Final Results
On September 5, 2013, 3M requested that the Department expedite the
changed circumstances reviews and issue final results no later than
October 4, 2013.\5\ 3M argued that the Department's regulations do not
specify a deadline for the issuance of preliminary results of a changed
circumstances review, but provide that the Department will issue the
final results within 45 days if all parties to the proceeding agree to
the outcome of the review.\6\ 3M argued that, because no party
submitted comments in opposition to their request, the Department
should conclude that all parties agree with their request and issue the
final results no later than 45 days after the Initiation Notice, or
October 4, 2013.\7\
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\5\ See ``Aluminum Extrusions from the People's Republic of
China: Request to Expedite Changed Circumstance Review'' (September
5, 2013) (3M's Request).
\6\ Id., at 2, quoting 19 CFR 351.216(e).
\7\ Id., at 2-3.
---------------------------------------------------------------------------
The Department did not issue a combined notice of initiation and
preliminary results because, as discussed above, the statement provided
by the AEC and offered in support of 3M's request for changed
circumstances reviews does not indicate whether the AEC accounts for
substantially all of domestic aluminum extrusion production.\8\ Thus,
the Department did not determine, at the time the Initiation Notice was
published, that producers accounting for substantially all of the
production of the domestic like product lacked interest in the
continued application of the Orders as to certain rectangular wire.
Further, the Department requested interested party comments on the
issue of domestic industry support of partial revocations.\9\ As noted
above, because the Department received no comments during the comment
period, including comments concerning industry support or opposing
initiation of the changed circumstances reviews of the Orders, the
Department now preliminary finds that producers accounting for
substantially all of the production of the domestic like product lack
interest in the relief afforded by the Orders with respect to the
certain rectangular wire, and requests comment on that preliminary
finding, before issuing the final results.\10\
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\8\ See Initiation Notice, 78 FR at 51144.
\9\ Id.
\10\ See, e.g., Honey CCR; see also 19 CFR 351.222(g)(1)(v)
(providing that, if the Department's preliminary decision is that
changed circumstances warrant revocation, the Department will
publish the notice of preliminary results, pursuant to 19 CFR
351.221(b)(4), and notice of intent to revoke order in part).
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[[Page 66898]]
Public Comment
Interested parties are invited to comment on these preliminary
results in accordance with 19 CFR 351.309(c)(1)(ii). If an interested
party is of the view that certain arguments continue to be relevant to
the Department's final results of this review, that interested party is
required to file a case brief containing all such arguments, including
any such arguments presented to the Department before the date of
publication of the preliminary results, pursuant to 19 CFR
351.309(c)(2). Written comments may be submitted no later than 14 days
after the date of publication of these preliminary results. Rebuttals
to written comments, limited to issues raised in such comments, may be
filed no later than 21 days after the date of publication of these
preliminary results. All comments are to be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (IA ACCESS) available to
registered users at https://iaaccess.trade.gov and in the Central
Records Unit, Room 7046 of the main Department of Commerce building,
and must also be served on interested parties.\11\ An electronically
filed document must be received successfully in its entirety by IA
ACCESS by 5:00 p.m. Eastern Standard Time on the day it is due.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.303(f).
\12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
The Department will issue the final results of these changed
circumstances reviews, which will include its analysis of any written
comments, no later than 270 days after the date on which these reviews
were initiated.
If, in the final results, the Department continues to determine
that changed circumstances warrant the revocation of the Orders, in
part, we will instruct U.S. Customs and Border Protection (CBP) to
liquidate without regard to ADs and CVDs, and to refund any estimated
ADs and CVDs collected, on all unliquidated entries of the product in
question that are not covered by the final results of an administrative
review or automatic liquidation. Specifically, because there has been
no completed administrative review of the Orders, we will instruct CBP
to liquidate, without regard to ADs and CVDs, and refund estimated ADs
and CVDs collected, on unliquidated entries of aluminum extrusions
meeting the specifications of the product in question, entered or
withdrawn from warehouse, for consumption, on or after November 12,
2010 (for ADs) and September 7, 2010 (for CVDs).
The current requirement for cash deposits of estimated ADs and CVDs
on all entries of subject merchandise will continue unless and until
they are modified pursuant to the final results of these changed
circumstances reviews.
These preliminary results of review and notice are in accordance
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19
CFR 351.222.
Dated: October 31, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2013-26744 Filed 11-6-13; 8:45 am]
BILLING CODE 3510-DS-P
