Aluminum Extrusions From the People's Republic of China: Final Results of Changed Circumstances Reviews; Partial Revocation of Antidumping and Countervailing Duty Orders, 634-636 [2013-31277]
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Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices
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Done at Washington, DC, on: December 23,
2013.
Alfred V. Almanza,
Administrator.
[FR Doc. 2013–31488 Filed 1–3–14; 8:45 am]
BILLING CODE 3410–DM–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967, C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Final
Results of Changed Circumstances
Reviews; Partial Revocation of
Antidumping and Countervailing Duty
Orders
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 12,
2010, for the antidumping duty order;
September 7, 2010, for the
countervailing duty order.
SUMMARY: On November 7, 2013, the
Department of Commerce (the
Department) published the notice of
preliminary results of changed
circumstances reviews and intent 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
invited interested parties to comment on
the Preliminary Results and received no
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
1 See 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, 78 FR 66895 (November 7, 2013) (Preliminary
Results).
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17:08 Jan 03, 2014
Jkt 232001
comments other than support for partial
revocation of the orders. Therefore, the
final results do not differ from the
preliminary results of reviews and we
are revoking the orders with respect to
certain rectangular wire. The partial
revocations are effective November 12,
2010 (for AD) and September 7, 2010
(for CVD).
FOR FURTHER INFORMATION CONTACT:
James Terpstra, Office III, Antidumping
and Countervailing Duty Operations,
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.2 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.3 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.
2 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).
3 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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Sfmt 4703
We received no comments from
interested parties.
On November 7, 2013, we published
the notice of preliminary results of
changed circumstances reviews, and
intent to revoke the Orders in part.4 We
received no comments or briefs in
opposition from interested parties.5
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
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.
4 See
Preliminary Results.
November 21, 2013, 3M submitted
comments in which it stated that it supports the
Department’s partial revocation of the Orders.
5 On
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06JAN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices
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.
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17:08 Jan 03, 2014
Jkt 232001
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.
Also excluded from the scope of the
order is certain rectangular wire
produced from continuously cast rolled
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Sfmt 4703
635
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.
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,
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
E:\FR\FM\06JAN1.SGM
06JAN1
636
Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices
purposes, the written description of the
scope of these Orders is dispositive.
DEPARTMENT OF COMMERCE
Final Results of Changed Circumstance
Reviews and Revocation, In Part, of the
Orders
[A–428–820]
mstockstill on DSK4VPTVN1PROD with NOTICES
Based on the Department’s analysis in
the Preliminary Results (which we
incorporate herein by reference) and in
light of the fact that no interested parties
submitted any comments on the
Department’s Preliminary Results other
than to express support for the partial
revocation, the Department hereby
determines to revoke, in part, the Orders
with respect to the certain rectangular
wire that is the subject of 3M’s request,
pursuant to sections 751(d)(1) and
782(h)(2) of the Tariff Act of 1930, as
amended (‘‘the Act’’) and 19 CFR
351.222(g).6 In addition, the Department
has modified the scope of the AD and
CVD orders, as reflected above,
consistent with these final results.
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 terminate suspension of
liquidation of all 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) and
liquidate such entries without regard to
ADs and CVDs. Furthermore, the
Department will instruct CBP to refund
estimated ADs and CVDs collected on
such entries, pursuant to 19 CFR
351.222(g)(4).
This notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221 and 19 CFR
351.222.
Dated: December 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2013–31277 Filed 1–3–14; 8:45 am]
BILLING CODE 3510–DS–P
6 See
Preliminary Results, 78 FR at 66897.
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17:08 Jan 03, 2014
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International Trade Administration
Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and
Pressure Pipe From Germany:
Rescission of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
DATES: January 6, 2014.
FOR FURTHER INFORMATION CONTACT:
Patrick Edwards or Angelica Mendoza,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–8029 or (202) 482–3019,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On August 1, 2013, the Department of
Commerce (the Department) published
in the Federal Register a notice of
‘‘Opportunity to Request Administrative
Review’’ of the antidumping duty order
on certain small diameter carbon and
alloy seamless standard, line, and
pressure pipe (seamless pressure pipe)
from Germany for the period of review
(POR) of August 1, 2012, through July
31, 2013.1 The Department received a
timely request from United States Steel
Corporation (petitioner), filed in
accordance with 19 CFR 351.213(b), for
an administrative review of sales,
shipments, or entries by certain
companies subject to the antidumping
duty order on seamless pressure pipe
from Germany. On October 2, 2013, the
Department published a notice of
initiation of an administrative review of
the antidumping duty order on seamless
pressure pipe from Germany with
respect to four companies: (1) Benteler
Stahl/Rohr GmbH (also known as
Benteler Steel/Tube GmbH); (2) ESW
Roehrenwerke GmbH; (3) Vallourec &
Mannesmann Tubes—V & M
Deutschland GmbH; and (4) Voestalpine
AG and all affiliates (including, but not
limited to, Voestalpine Tubulars GmbH
& Co. KG and Voestalpine Rotec GmbH
& Co. KG).2
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 46573
(August 1, 2013).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
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The Department stated in its initiation
of this review that it intended to rely on
U.S. Customs and Border Protection
(CBP) data to select respondents.3 We
released the results of our CBP data
query to the petitioners and one other
interested party, Voestalpine AG, and
invited them to comment on the CBP
data.4 We received no comments on the
CBP data. We did, however, receive a
certification of no shipments from
Voestalpine AG.5
Rescission of Review
19 CFR 351.213(d)(1) stipulates that
the Secretary will rescind an
administrative review under this
section, in whole or in part, if a party
that requested a review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review. As the only party that
requested a review (the petitioners)
withdrew the request within 90 days of
the date of publication of the notice of
initiation of the requested review, we
are rescinding this review of the
antidumping duty order on seamless
pressure pipe from Germany pursuant to
19 CFR 351.213(d)(1).6
Assessment of Antidumping Duties
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of this notice of
rescission of administrative review.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i).
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of antidumping duties
Request for Revocation in Part, 78 FR 60834
(October 2, 2013); see also, Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation
in Part, 78 FR 67104 (November 8, 2013).
3 Id.
4 See Letter to All Interested Parties, from
Angelica Mendoza, Program Manager, regarding
‘‘Request for Comments on CBP Data,’’ dated
November 7, 2013.
5 See Letter to the Secretary of Commerce, from
Voestalpine AG, titled ‘‘Voestalpine No Shipment
Letter,’’ dated November 17, 2013.
6 See Letter to the Secretary of Commerce, from
Petitioner, titled ‘‘Withdrawal of Request for
Administrative Review,’’ dated December 5, 2013.
E:\FR\FM\06JAN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 634-636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31277]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China: Final
Results of Changed Circumstances Reviews; Partial Revocation of
Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
DATES: Effective Date: November 12, 2010, for the antidumping duty
order; September 7, 2010, for the countervailing duty order.
SUMMARY: On November 7, 2013, the Department of Commerce (the
Department) published the notice of preliminary results of changed
circumstances reviews and intent 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 invited interested parties to comment on the
Preliminary Results and received no comments other than support for
partial revocation of the orders. Therefore, the final results do not
differ from the preliminary results of reviews and we are revoking the
orders with respect to certain rectangular wire. The partial
revocations are effective November 12, 2010 (for AD) and September 7,
2010 (for CVD).
---------------------------------------------------------------------------
\1\ See 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, 78 FR
66895 (November 7, 2013) (Preliminary Results).
FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III,
Antidumping and Countervailing Duty Operations, 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.\2\ 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.
---------------------------------------------------------------------------
\2\ 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).
---------------------------------------------------------------------------
On August 20, 2013, we published a notice of initiation of these
changed circumstances reviews.\3\ 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.
---------------------------------------------------------------------------
\3\ 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).
---------------------------------------------------------------------------
On November 7, 2013, we published the notice of preliminary results
of changed circumstances reviews, and intent to revoke the Orders in
part.\4\ We received no comments or briefs in opposition from
interested parties.\5\
---------------------------------------------------------------------------
\4\ See Preliminary Results.
\5\ On November 21, 2013, 3M submitted comments in which it
stated that it supports the Department's partial revocation of the
Orders.
---------------------------------------------------------------------------
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 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.
[[Page 635]]
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.
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.
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,
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
[[Page 636]]
purposes, the written description of the scope of these Orders is
dispositive.
Final Results of Changed Circumstance Reviews and Revocation, In Part,
of the Orders
Based on the Department's analysis in the Preliminary Results
(which we incorporate herein by reference) and in light of the fact
that no interested parties submitted any comments on the Department's
Preliminary Results other than to express support for the partial
revocation, the Department hereby determines to revoke, in part, the
Orders with respect to the certain rectangular wire that is the subject
of 3M's request, pursuant to sections 751(d)(1) and 782(h)(2) of the
Tariff Act of 1930, as amended (``the Act'') and 19 CFR 351.222(g).\6\
In addition, the Department has modified the scope of the AD and CVD
orders, as reflected above, consistent with these final results.
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\6\ See Preliminary Results, 78 FR at 66897.
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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 terminate suspension of liquidation of all 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) and
liquidate such entries without regard to ADs and CVDs. Furthermore, the
Department will instruct CBP to refund estimated ADs and CVDs collected
on such entries, pursuant to 19 CFR 351.222(g)(4).
This notice is published in accordance with section 751(b)(1) of
the Act and 19 CFR 351.221 and 19 CFR 351.222.
Dated: December 24, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2013-31277 Filed 1-3-14; 8:45 am]
BILLING CODE 3510-DS-P
