Aluminum Extrusions From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014, 75060-75064 [2015-30502]
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review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), and NonMarket Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011) the Department
clarified its practice with respect to the
collection of final antidumping duties
on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders.2
Further, as explained in Antidumping
Proceedings: Announcement of Change
in Department Practice for Respondent
Selection in Antidumping Duty
Proceedings and Conditional Review of
the Nonmarket Economy Entity in NME
Antidumping Duty Proceedings, 78 FR
65963 (November 4, 2013), the
Department clarified its practice with
regard to the conditional review of the
non-market economy (NME) entity in
administrative reviews of antidumping
duty orders. The Department will no
longer consider the NME entity as an
exporter conditionally subject to
administrative reviews. Accordingly,
the NME entity will not be under review
unless the Department specifically
receives a request for, or self-initiates, a
review of the NME entity.3 In
administrative reviews of antidumping
duty orders on merchandise from NME
countries where a review of the NME
entity has not been initiated, but where
an individual exporter for which a
review was initiated does not qualify for
a separate rate, the Department will
issue a final decision indicating that the
company in question is part of the NME
entity. However, in that situation,
because no review of the NME entity
2 See also the Enforcement and Compliance Web
site at https://trade.gov/enforcement/.
3 In accordance with 19 CFR 351.213(b)(1), parties
should specify that they are requesting a review of
entries from exporters comprising the entity, and to
the extent possible, include the names of such
exporters in their request.
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was conducted, the NME entity’s entries
were not subject to the review and the
rate for the NME entity is not subject to
change as a result of that review
(although the rate for the individual
exporter may change as a function of the
finding that the exporter is part of the
NME entity).
Following initiation of an
antidumping administrative review
when there is no review requested of the
NME entity, the Department will
instruct CBP to liquidate entries for all
exporters not named in the initiation
notice, including those that were
suspended at the NME entity rate.
All requests must be filed
electronically in Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’)
on Enforcement and Compliance’s
ACCESS Web site at https://
access.trade.gov.4 Further, in
accordance with 19 CFR 351.303(f)(l)(i),
a copy of each request must be served
on the petitioner and each exporter or
producer specified in the request.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of December 2015. If the
Department does not receive, by the last
day of December 2015, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, the Department will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of (or
bond for) estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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Dated: November 13, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2015–30499 Filed 11–30–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on aluminum
extrusions from the People’s Republic of
China (PRC).1 The period of review
(POR) is May 1, 2013, through April 30,
2014. These final results cover 39
companies for which an administrative
review was initiated and not rescinded.2
The Department selected the following
companies as mandatory respondents:
Guangzhou Jangho Curtain Wall System
Engineering Co., Ltd. and Jangho
Curtain Wall Hong Kong Ltd.
(collectively, Jangho), Union Industry
(Asia) Co., Ltd. (Union), and Guang Ya
Aluminium Industries Co., Ltd., Foshan
Guangcheng Aluminium Co., Ltd., Kong
Ah International Company Limited, and
Guang Ya Aluminium Industries (Hong
Kong) Ltd. (collectively, Guang Ya
Group); Guangdong Zhongya
Aluminium Company Limited, Zhongya
Shaped Aluminium (HK) Holding
Limited, and Karlton Aluminum
Company Ltd. (collectively, Zhongya);
and Xinya Aluminum & Stainless Steel
Product Co., Ltd. (Xinya) (collectively,
Guang Ya Group/Zhongya/Xinya).3
AGENCY:
1 The Department initiated this review on June
27, 2014. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
36462 (June 27, 2014) (Initiation Notice).
2 This administrative review initially covered 155
companies. See Initiation Notice. However, on
January 29, 2015, the Department rescinded this
review with respect to 116 companies. See
Aluminum Extrusions From the People’s Republic
of China: Partial Rescission of Antidumping Duty
Administrative Review, 80 FR 4868 (January 29,
2015).
3 In prior segments of this proceeding the
Department found that the Guang Ya Group,
Zhongya, and Xinya were affiliated and should be
treated as a single entity. See, e.g., Aluminum
Extrusions From the People’s Republic of China:
Final Results of Antidumping Duty Administrative
Review and Rescission, in Part, 2010/12, 79 FR 96
(January 2, 2014) and Aluminum Extrusions From
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The Department finds for these final
results that Union made sales of subject
merchandise at less than normal value.
In addition, the Department determines
that Jangho, Guang Ya Group/Zhongya/
Xinya, and 15 other companies subject
to this review did not demonstrate
eligibility for a separate rate, and,
accordingly, are to be considered part of
the PRC-wide entity. We also determine
for these final results that one company,
Xin Wei Aluminum Company Limited
(Xin Wei), had no shipments.
DATES:
Effective Date: December 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott, Mark Flessner, or Robert
James, AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2657,
(202) 482–6312 or (202) 482–0649,
respectively.
SUPPLEMENTARY INFORMATION:
Background
tkelley on DSK3SPTVN1PROD with NOTICES
On June 8, 2015, the Department
published the Preliminary Results of
this administrative review.4 At that
time, we invited interested parties to
comment on the Preliminary Results. On
June 10, 2015, we received comments
from the Aluminum Extrusions Fair
Trade Committee (Petitioner) on the
calculation of the margin for Union.5 On
July 8, 2015, we received case briefs
from Petitioner 6 and Zhongya.7 On July
15, 2015, we received rebuttal briefs
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 78784 (December 31, 2014) (2012–2013
Final Results).
4 See Aluminum Extrusions From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 32347 (June 8, 2015) (Preliminary
Results) and the accompanying memorandum from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, entitled,
‘‘Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review:
Aluminum Extrusions from the People’s Republic
of China; 2013–2014,’’ dated June 1, 2015
(Preliminary Decision Memorandum).
5 See letter from Petitioner to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
the People’s Republic of China: Comments on
Union’s Preliminary Margin Calculations,’’ dated
June 10, 2015.
6 See letter from Petitioner to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
the People’s Republic of China: Case Brief of the
Aluminum Extrusions Fair Trade Committee,’’
dated July 8, 2015.
7 See letter from Zhongya to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
China: Zhongda {sic} Case Brief,’’ dated July 8,
2015.
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from Jangho 8 and Petitioner.9 On
September 25, 2015, the Department
extended the deadline for the final
results until November 5, 2015.10
Scope of the Order
The merchandise covered by the
Order 11 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).12
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (HTSUS):
7609.00.00, 7610.10.00, 7610.90.00,
7615.10.30, 7615.10.71, 7615.10.91,
7615.19.10, 7615.19.30, 7615.19.50,
7615.19.70, 7615.19.90, 7615.20.00,
7616.99.10, 7616.99.50, 8479.89.98,
8479.90.94, 8513.90.20, 9403.10.00,
9403.20.00, 7604.21.00.00,
7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30,
7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00,
8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00,
8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15,
8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.1 0,
8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45,
8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00,
8 See letter from Jangho to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
the People’s Republic of China: Rebuttal Brief:
Guangzhou Jangho Curtain Wall System
Engineering Co., Ltd. and Jangho Curtain Wall Hong
Kong Ltd.,’’ dated July 15, 2015.
9 See letter from Petitioner to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
the People’s Republic of China: Rebuttal Brief of the
Aluminum Extrusions Fair Trade Committee,’’
dated July 15, 2015.
10 See memorandum from Mark Flessner to
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
entitled, ‘‘Aluminum Extrusions from the People’s
Republic of China: Extension of Time Limit for
Final Results of Antidumping Duty Administrative
Review,’’ dated September 25, 2015.
11 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (Order).
12 For a complete description of the scope of the
Order, see Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, entitled, ‘‘Aluminum
Extrusions from the People’s Republic of China:
Issues and Decision Memorandum for the Final
Results of Antidumping Duty Administrative
Review; 2013–2014,’’ dated concurrently with this
notice (Issues and Decision Memorandum).
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75061
8305.10.00.50, 8306.30.00.00,
8414.59.60.90, 8415.90.80.45,
8418.99.80.05, 8418.99.80.50,
8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8473.30.20.00,
8473.30.51.00, 8479.90.85.00,
8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8508.70.00.00,
8515.90.20.00, 8516.90.50.00,
8516.90.80.50, 8517.70.00.00,
8529.90.73.00, 8529.90.97.60,
8536.90.80.85, 8538.10.00.00,
8543.90.88.80, 8708.29.50.60,
8708.80.65.90, 8803.30.00.60,
9013.90.50.00, 9013.90.90.00,
9401.90.50.81, 9403.90.10.40,
9403.90.10.50, 9403.90.10.85,
9403.90.25.40, 9403.90.25.80,
9403.90.40.05, 9403.90.40.10,
9403.90.40.60, 9403.90.50.05,
9403.90.50.10, 9403.90.50.80,
9403.90.60.05, 9403.90.60.10,
9403.90.60.80, 9403.90.70.05,
9403.90.70.10, 9403.90.70.80,
9403.90.80.10, 9403.90.80.15,
9403.90.80.20, 9403.90.80.41,
9403.90.80.51, 9403.90.80.61,
9506.11.40.80, 9506.51.40.00,
9506.51.60.00, 9506.59.40.40,
9506.70.20.90, 9506.91.00.10,
9506.91.00.20, 9506.91.00.30,
9506.99.05.10, 9506.99.05.20,
9506.99.05.30, 9506.99.15.00,
9506.99.20.00, 9506.99.25.80,
9506.99.28.00, 9506.99.55.00,
9506.99.60.80, 9507.30.20.00,
9507.30.40.00, 9507.30.60.00,
9507.90.60.00, and 9603.90.80.50.
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. While HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
Order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is
incorporated herein by reference. A list
of the issues which parties raised, and
to which we respond in the Issues and
Decision Memorandum, follows as an
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
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registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
www.trade.gov/enforcement/frn/
index.html. The signed Issues and
Decision Memorandum and the
electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on an analysis of the comments
received from interested parties and a
review of the record, the Department
corrected calculation errors for the final
adjusted margin to be applied to Union.
For a full explanation, see the Issues
and Decision Memorandum at Comment
2. This recalculation of Union’s rate
affected the rate for other companies;
see the section below entitled, ‘‘Rate for
Non-Examined Companies Which Are
Eligible for a Separate Rate.’’ The
Department also reconsidered the
necessity of having applied adverse
facts available in the Preliminary
Results with respect to Jangho and
Guang Ya Group/Zhongya/Xinya in
light of the Department’s recent change
of practice concerning the conditional
review of the PRC-wide entity.13 For
additional explanation, see the Issues
and Decision Memorandum at
‘‘Application of Facts Available and Use
of Adverse Inference’’ and Comments 4
and 5.
tkelley on DSK3SPTVN1PROD with NOTICES
Companies Eligible for a Separate Rate
In our Preliminary Results, we
determined that 11 companies, plus
Union, are eligible for a separate rate.14
These companies are: Allied Maker
Limited; Changzhou Changzheng
Evaporator Co., Ltd.; Dongguan Aoda
Aluminum Co., Ltd.; Justhere Co., Ltd.;
Kam Kiu Aluminium Products Sdn Bhd;
Kromet International Inc. (Kromet);
Metaltek Group Co., Ltd.; Permasteelisa
South China Factory; Permasteelisa
Hong Kong Ltd.; Taishan City Kam Kiu
Aluminium Extrusion Co., Ltd.; and
tenKsolar (Shanghai) Co., Ltd. We
received no information since the
issuance of the Preliminary Results that
provides a basis for reconsideration of
this determination. Therefore, the
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013) (Conditional
Review of NME Entity Notice).
14 See Preliminary Results, 80 FR at 32348.
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Department continues to find that these
12 companies are eligible for a separate
rate.
Rate for Non-Examined Companies
Which Are Eligible for a Separate Rate
Neither the Tariff Act of 1930, as
amended (the Act), nor the
Department’s regulations address the
establishment of the rate applied to
individual separate rate companies not
selected for examination where the
Department limited its examination in
an administrative review pursuant to
section 777A(c)(2) of the Act. The
Department’s practice in administrative
reviews involving limited selection
based on exporters accounting for the
largest volumes of trade has been to look
to section 735(c)(5) of the Act for
guidance, which provides instructions
for calculating the all-others rate in a
market-economy antidumping
investigation. Section 735(c)(5)(A) of the
Act instructs the Department to avoid
calculating an all-others rate using any
rates that are zero, de minimis, or based
entirely on facts available in
investigations. Section 735(c)(5)(B) of
the Act provides that, where all rates are
zero, de minimis, or based entirely on
facts available, the Department may use
‘‘any reasonable method’’ for assigning
an all-others rate.
In the Preliminary Results, we
assigned the rate of 32.79 percent, the
most recent rate (from the less than fair
value investigation) calculated for the
non-examined separate rate
respondents, to the non-examined
separate rate respondents in the instant
review.15 However, we have determined
in these Final Results that the
methodology used in the Preliminary
Results was predicated on the erroneous
calculation of a rate of zero for Union.
As Union’s rate at these Final Results is
neither zero nor de minimis, we are
applying Union’s calculated rate to the
non-examined, separate rate companies
in accordance with section 735(c)(5) of
the Act. For a full explanation, see the
accompanying Issues and Decision
Memorandum at Comment 3.
Determination of No Shipments
One company remaining under
review, Xin Wei, timely submitted a
certification indicating that it had no
sales, shipments, or entries of subject
merchandise during the POR.16
Consistent with our practice, the
Department requested that CBP conduct
15 Id.,
at 32349.
letter from Xin Wei to the Secretary of
Commerce entitled, ‘‘Aluminum Extrusions from
the People’s Republic of China: Certification of No
Sales, Shipments, or Entries,’’ dated August 26,
2014.
16 See
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Sfmt 4703
a query on potential shipments made by
Xin Wei during the POR; CBP provided
no evidence that contradicted Xin Wei’s
claim of no shipments. Based on Xin
Wei’s no-shipment certification and our
analysis of the CBP information, in the
Preliminary Results we determined that
Xin Wei had no shipments during the
POR.17 No party commented on that
determination. The Department will
issue appropriate instructions to CBP.18
PRC-Wide Entity
In the Preliminary Results, the
Department determined that the
mandatory respondents Jangho and
Guang Ya Group/Zhongya/Xinya were
not eligible for a separate rate, and,
accordingly, were part of the PRC-wide
entity.19 For purposes of these Final
Results, the Department continues to
find that Jangho and Guang Ya Group/
Zhongya/Xinya are not eligible for a
separate rate and are part of the PRCwide entity. For a full explanation, see
the Issues and Decision Memorandum at
Comments 4 and 5.
In addition, 14 companies still subject
to these final results are not eligible for
separate-rate status because they did not
submit separate-rate applications or
certifications; those companies are:
Aluminicaste Fundicion de Mexico;
China Zhongwang Holdings, Ltd.;
Classic & Contemporary Inc.; Dongguan
Golden Tiger; Dongguan Golden Tiger
Hardware Industrial Co., Ltd.; Gold
Mountain International Development,
Ltd.; Golden Dragon Precise Copper
Tube Group, Inc.; Metaltek Metal
Industry Co., Ltd.; Nidec Sankyo
Singapore Pte. Ltd.; Press Metal
International Ltd.; tenKsolar, Inc.;
Tianjin Jinmao Import & Export Corp.,
Ltd.; WTI Building Products, Ltd.; and
Zahoqing China Square Industry
Limited/Zhaoqing China Square
Industry Limited.20 Further, one
company still under review, Shenyang
Yuanda Aluminium Industry
Engineering Co., Ltd., submitted a
separate-rate application that did not
demonstrate eligibility for a separate
17 See
Preliminary Results, 80 FR at 32349.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
19 See Preliminary Results, 80 FR at 32350.
20 One company, Zhaoqing New Zhongya
Aluminum Co., Ltd. (New Zhongya), was
determined to have been succeeded by Guangdong
Zhongya Aluminum Company Limited (Guangdong
Zhongya) in a changed circumstances review. See
Aluminum Extrusions From the People’s Republic
of China: Final Results of Changed Circumstances
Review, 77 FR 54900 (September 6, 2012). Thus,
despite the fact that a review was initiated of New
Zhongya, it is not being included among these 14
companies because its successor in interest,
Guangdong Zhongya, is part of the Guang Ya
Group/Zhongya/Xinya single entity.
18 See
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rate. As a result, the Department finds
for these final results that these 15
companies are also part of the PRC-wide
entity. The Department’s change in
policy regarding conditional review of
the PRC-wide entity applies to this
administrative review.21 Under this
policy, the PRC-wide entity will not be
under review unless a party specifically
requests, or the Department selfinitiates, a review of the entity. Because
no party requested a review of the PRCwide entity in this review, the entity is
not under review and the entity’s rate
from the previous administrative review
(i.e., 33.28 percent) is not subject to
change.22
Adjustments for Countervailable
Subsidies
Because no mandatory respondent
established eligibility for an adjustment
under section 777A(f) of the Act for
countervailable domestic subsidies, the
Department, for these final results, did
not make an adjustment pursuant to
section 777A(f) of the Act for
countervailable domestic subsidies for
Union or the separate-rate recipients.23
Pursuant to section 772(c)(1)(C) of the
Act, the Department made an
adjustment for countervailable export
subsidies. For Union, we made
adjustments to its reported U.S. price.24
For the companies eligible for a separate
rate, because all of these companies
participated in the second
countervailing duty administrative
review,25 an adjustment has been made
based on the countervailable export
subsidy found for the non-selected
companies in the final results of the
second countervailing duty
administrative review (or its own
calculated rate, in the case of Kromet).26
For a full explanation, see the Issues
and Decision Memorandum at Comment
3.
For the PRC-wide entity, since the
entity is not currently under review, no
adjustments were warranted to its rate,
as its rate is not subject to change.27
Final Results of Review
The Department determines that the
following weighted-average dumping
margins exist for the POR for these final
results:
Weightedaverage
dumping
margin
(%)
Exporter
Allied Maker Limited ................................................................................................................................................
Changzhou Changzheng Evaporator Co., Ltd ........................................................................................................
Dongguan Aoda Aluminum Co., Ltd ........................................................................................................................
Justhere Co., Ltd .....................................................................................................................................................
Kam Kiu Aluminium Products Sdn Bhd 29 ...............................................................................................................
Kromet International Inc ..........................................................................................................................................
Metaltek Group Co., Ltd ..........................................................................................................................................
Permasteelisa Hong Kong Ltd 30 .............................................................................................................................
tenKsolar (Shanghai) Co., Ltd .................................................................................................................................
Union Industry (Asia) Co., Ltd .................................................................................................................................
86.01
86.01
86.01
86.01
86.01
86.01
86.01
86.01
86.01
86.01
Margin
adjusted for
liquidation
and cash
deposit
purposes 28
(%)
85.73
85.73
85.73
85.73
85.73
85.66
85.73
85.73
85.73
85.73
tkelley on DSK3SPTVN1PROD with NOTICES
Additionally, the Department
determines for these final results that
the following companies are part of the
PRC-wide entity: Jangho (which
includes Guangzhou Jangho Curtain
Wall System Engineering Co., Ltd. and
Jangho Curtain Wall Hong Kong Ltd.);
Guang Ya Group/Zhongya/Xinya (which
includes Guang Ya Aluminium
Industries Co., Ltd.; Foshan Guangcheng
Aluminium Co., Ltd.; Kong Ah
International Company Limited; Guang
Ya Aluminium Industries (Hong Kong)
Ltd.; Guangdong Zhongya Aluminium
Company Limited; Zhongya Shaped
Aluminium (HK) Holding Limited;
Karlton Aluminum Company Ltd.; and
Xinya Aluminum & Stainless Steel
Product Co., Ltd.); Aluminicaste
Fundicion de Mexico; China
Zhongwang Holdings, Ltd.; Classic &
Contemporary Inc.; Dongguan Golden
Tiger; Dongguan Golden Tiger Hardware
Industrial Co., Ltd.; Gold Mountain
International Development, Ltd.; Golden
Dragon Precise Copper Tube Group,
Inc.; Metaltek Metal Industry Co., Ltd.;
Nidec Sankyo Singapore Pte. Ltd.; Press
Metal International Ltd.; Shenyang
Yuanda Aluminium Industry
Engineering Co., Ltd.; tenKsolar, Inc.;
Tianjin Jinmao Import & Export Corp.,
Ltd.; WTI Building Products, Ltd.; and
Zahoqing China Square Industry
Limited/Zhaoqing China Square
21 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013) (Conditional
Review of NME Entity Notice).
22 See 2012–2013 Final Results, 79 FR at 78787.
23 See Preliminary Decision Memorandum at 34
and Attachment 1.
24 See Memorandum from Mark Flessner to the
File entitled, ‘‘2013–2014 Administrative Review of
the Antidumping Duty Order on Aluminum
Extrusions from the People’s Republic of China:
Analysis of the Final Results Margin Calculation for
Union Industry (Asia) Co., Ltd.,’’ dated
concurrently with this notice (Union Final Analysis
Memorandum).
25 See Aluminum Extrusions From the People]s
Republic of China: Final Results of Countervailing
Duty Administrative Review; 2012, 79 FR 78788,
78789–90 (December 31, 2014).
26 See Preliminary Decision Memorandum at
Attachment 1.
27 See 2012–2013 Final Results, 79 FR at 78787;
see also Conditional Review of NME Entity Notice,
78 FR 65970. As the rate for the PRC-wide entity
is not subject to change in the instant review, the
margin from the 2012–2013 Final Results that we
are applying to the PRC-wide entity in the instant
review is net of countervailable domestic and
export subsidies.
28 See the memorandum from Mark Flessner to
The File entitled, ‘‘Aluminum Extrusions from the
People’s Republic of China: Export Subsidy
Adjustment Memorandum for the Final Results of
Antidumping Duty Administrative Review; 2013–
2014,’’ dated concurrently with this notice.
29 Although the Department initiated a review for
both Taishan City Kam Kiu Aluminium Extrusion
Co., Ltd. and Kam Kiu Aluminium Products Sdn
Bhd, it is apparent from the company’s separate-rate
application that Kam Kiu Aluminium Products Sdn
Bhd is the exporter and Taishan City Kam Kiu
Aluminium Extrusion Co., Ltd. is a producer only;
thus, Kam Kiu Aluminium Products Sdn Bhd is the
appropriate party to grant the separate rate status.
30 Although the Department initiated a review for
Permasteelisa South China Factory and
Permasteelisa Hong Kong Ltd., it is apparent from
the company’s separate-rate application that
Permasteelisa Hong Kong Ltd. is the exporter and
Permasteelisa South China Factory is a producer
only; thus, Permasteelisa Hong Kong Ltd. is the
appropriate party to grant the separate rate status.
VerDate Sep<11>2014
23:35 Nov 30, 2015
Jkt 238001
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
E:\FR\FM\01DEN1.SGM
01DEN1
75064
Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Notices
Industry Limited. The rate previously
established for the PRC-wide entity in
the previous administrative review is
33.28 percent.31
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment
Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), the
Department will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue assessment instructions
to CBP 15 days after the date of
publication of the final results of review
in the Federal Register. Consistent with
the Department’s assessment practice in
NME cases, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
examined during this review, the
Department will instruct CBP to
liquidate such entries at the PRC-wide
rate.32 In addition, if the Department
determines that an exporter under
review had no shipments of subject
merchandise, any suspended entries
that entered under the exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the PRC-wide rate.33
For each individually-examined
respondent whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent) in the final results of
this review, the Department will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the importer’s examined
sales to the total entered value of those
same sales, in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review where an importer- (or
customer-) specific assessment rate
calculated in the final results of this
review is above de minimis. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis, or an importer- (or customer) specific assessment rate is zero or de
minimis, the Department will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
For the other companies eligible for a
separate rate, the Department will
instruct CBP to assess antidumping
duties on the company’s entries of
subject merchandise at the rates listed
above in the section ‘‘Final Results of
Review.’’
31 See
2012–2013 Final Results, 79 FR at 78787.
Non-Market Economy Antidumping
Proceedings; Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Practice
Refinement).
33 Id.
32 See
VerDate Sep<11>2014
23:35 Nov 30, 2015
Jkt 238001
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) for
Union and the other companies eligible
for a separate rate, the cash deposit rate
will that listed above in the section
‘‘Final Results of Review’’; (2) for
previously investigated or reviewed PRC
and non-PRC exporters not listed above
that have a separate rate, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recently completed segment of this
proceeding in which the exporter was
reviewed; (3) for all PRC exporters of
subject merchandise which have not
been found to be entitled to a separate
rate, the cash deposit rate will be that
established for the PRC-wide entity of
33.28 percent;34 and (4) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC producer or
exporter that supplied that non-PRC
exporter with the subject merchandise.
The deposit requirements, when
imposed, shall remain in effect until
further notice.
Disclosure
The Department intends to disclose to
the parties the calculations performed
for these final results within five days
of the date of publication of this notice
in accordance with 19 CFR 351.224(b).
Notification to Importers
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 and/or
countervailing duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in the
Department’s presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
34 See
PO 00000
2012–2013 Final Results, 79 FR at 78787.
Frm 00022
Fmt 4703
Sfmt 4703
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
This administrative review and notice
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.213(h).
Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Issues Raised in
Case and Rebuttal Briefs
Summary
Background
Application of Facts Available and Use of
Adverse Inference
Discussion of the Issues
Issue 1: Collapsing of Zhongya
Issue 2: Improper Calculation of Union’s
Dumping Margin
Issue 3: Assignment of Union’s Revised
Dumping Margin to the Separate Rate
Respondents
Issue 4: Use of Union’s Recalculated
Margin as the AFA Rate
Issue 5: Revision of the PRC-Wide Rate to
Reflect Union’s Recalculated Dumping
Margin
Conclusion
[FR Doc. 2015–30502 Filed 11–30–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (‘‘Sunset’’)
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating the five-year
review (‘‘Sunset Review’’) of the
antidumping and countervailing duty
(‘‘AD/CVD’’) orders listed below. The
International Trade Commission (‘‘the
Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same orders.
SUMMARY:
DATES:
E:\FR\FM\01DEN1.SGM
Effective Date: December 1, 2015.
01DEN1
]]>Agencies
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)]
[Notices]
[Pages 75060-75064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30502]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on aluminum
extrusions from the People's Republic of China (PRC).\1\ The period of
review (POR) is May 1, 2013, through April 30, 2014. These final
results cover 39 companies for which an administrative review was
initiated and not rescinded.\2\ The Department selected the following
companies as mandatory respondents: Guangzhou Jangho Curtain Wall
System Engineering Co., Ltd. and Jangho Curtain Wall Hong Kong Ltd.
(collectively, Jangho), Union Industry (Asia) Co., Ltd. (Union), and
Guang Ya Aluminium Industries Co., Ltd., Foshan Guangcheng Aluminium
Co., Ltd., Kong Ah International Company Limited, and Guang Ya
Aluminium Industries (Hong Kong) Ltd. (collectively, Guang Ya Group);
Guangdong Zhongya Aluminium Company Limited, Zhongya Shaped Aluminium
(HK) Holding Limited, and Karlton Aluminum Company Ltd. (collectively,
Zhongya); and Xinya Aluminum & Stainless Steel Product Co., Ltd.
(Xinya) (collectively, Guang Ya Group/Zhongya/Xinya).\3\
---------------------------------------------------------------------------
\1\ The Department initiated this review on June 27, 2014. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 79 FR 36462 (June 27, 2014) (Initiation Notice).
\2\ This administrative review initially covered 155 companies.
See Initiation Notice. However, on January 29, 2015, the Department
rescinded this review with respect to 116 companies. See Aluminum
Extrusions From the People's Republic of China: Partial Rescission
of Antidumping Duty Administrative Review, 80 FR 4868 (January 29,
2015).
\3\ In prior segments of this proceeding the Department found
that the Guang Ya Group, Zhongya, and Xinya were affiliated and
should be treated as a single entity. See, e.g., Aluminum Extrusions
From the People's Republic of China: Final Results of Antidumping
Duty Administrative Review and Rescission, in Part, 2010/12, 79 FR
96 (January 2, 2014) and Aluminum Extrusions From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2012-2013, 79 FR 78784 (December 31, 2014) (2012-2013 Final
Results).
---------------------------------------------------------------------------
[[Page 75061]]
The Department finds for these final results that Union made sales
of subject merchandise at less than normal value. In addition, the
Department determines that Jangho, Guang Ya Group/Zhongya/Xinya, and 15
other companies subject to this review did not demonstrate eligibility
for a separate rate, and, accordingly, are to be considered part of the
PRC-wide entity. We also determine for these final results that one
---------------------------------------------------------------------------
company, Xin Wei Aluminum Company Limited (Xin Wei), had no shipments.
DATES: Effective Date: December 1, 2015.
FOR FURTHER INFORMATION CONTACT: Deborah Scott, Mark Flessner, or
Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
2657, (202) 482-6312 or (202) 482-0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 8, 2015, the Department published the Preliminary Results
of this administrative review.\4\ At that time, we invited interested
parties to comment on the Preliminary Results. On June 10, 2015, we
received comments from the Aluminum Extrusions Fair Trade Committee
(Petitioner) on the calculation of the margin for Union.\5\ On July 8,
2015, we received case briefs from Petitioner \6\ and Zhongya.\7\ On
July 15, 2015, we received rebuttal briefs from Jangho \8\ and
Petitioner.\9\ On September 25, 2015, the Department extended the
deadline for the final results until November 5, 2015.\10\
---------------------------------------------------------------------------
\4\ See Aluminum Extrusions From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 32347 (June 8, 2015) (Preliminary Results) and the
accompanying memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, entitled, ``Decision Memorandum for Preliminary Results
of Antidumping Duty Administrative Review: Aluminum Extrusions from
the People's Republic of China; 2013-2014,'' dated June 1, 2015
(Preliminary Decision Memorandum).
\5\ See letter from Petitioner to the Secretary of Commerce
entitled, ``Aluminum Extrusions from the People's Republic of China:
Comments on Union's Preliminary Margin Calculations,'' dated June
10, 2015.
\6\ See letter from Petitioner to the Secretary of Commerce
entitled, ``Aluminum Extrusions from the People's Republic of China:
Case Brief of the Aluminum Extrusions Fair Trade Committee,'' dated
July 8, 2015.
\7\ See letter from Zhongya to the Secretary of Commerce
entitled, ``Aluminum Extrusions from China: Zhongda {sic{time} Case
Brief,'' dated July 8, 2015.
\8\ See letter from Jangho to the Secretary of Commerce
entitled, ``Aluminum Extrusions from the People's Republic of China:
Rebuttal Brief: Guangzhou Jangho Curtain Wall System Engineering
Co., Ltd. and Jangho Curtain Wall Hong Kong Ltd.,'' dated July 15,
2015.
\9\ See letter from Petitioner to the Secretary of Commerce
entitled, ``Aluminum Extrusions from the People's Republic of China:
Rebuttal Brief of the Aluminum Extrusions Fair Trade Committee,''
dated July 15, 2015.
\10\ See memorandum from Mark Flessner to Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, entitled, ``Aluminum Extrusions from the People's
Republic of China: Extension of Time Limit for Final Results of
Antidumping Duty Administrative Review,'' dated September 25, 2015.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order \11\ 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).\12\
---------------------------------------------------------------------------
\11\ See Aluminum Extrusions from the People's Republic of
China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
\12\ For a complete description of the scope of the Order, see
Memorandum from Gary Taverman, Associate Deputy Assistant Secretary
for Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, entitled,
``Aluminum Extrusions from the People's Republic of China: Issues
and Decision Memorandum for the Final Results of Antidumping Duty
Administrative Review; 2013-2014,'' dated concurrently with this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30,
7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70,
7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94,
8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00,
7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60,
7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30,
8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10,
8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45,
8302.41.60.50, 8302.41.60.80, 8302.42.30.1 0, 8302.42.30.15,
8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55,
8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50,
8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05,
8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40,
8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00,
8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00,
8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00,
8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80,
8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00,
9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50,
9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05,
9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10,
9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80,
9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10,
9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51,
9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00,
9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20,
9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30,
9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00,
9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00,
9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.
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.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this Order is
dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum,
which is incorporated herein by reference. A list of the issues which
parties raised, and to which we respond in the Issues and Decision
Memorandum, follows as an appendix to this notice. The Issues and
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
[[Page 75062]]
registered users at https://access.trade.gov and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/enforcement/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on an analysis of the comments received from interested
parties and a review of the record, the Department corrected
calculation errors for the final adjusted margin to be applied to
Union. For a full explanation, see the Issues and Decision Memorandum
at Comment 2. This recalculation of Union's rate affected the rate for
other companies; see the section below entitled, ``Rate for Non-
Examined Companies Which Are Eligible for a Separate Rate.'' The
Department also reconsidered the necessity of having applied adverse
facts available in the Preliminary Results with respect to Jangho and
Guang Ya Group/Zhongya/Xinya in light of the Department's recent change
of practice concerning the conditional review of the PRC-wide
entity.\13\ For additional explanation, see the Issues and Decision
Memorandum at ``Application of Facts Available and Use of Adverse
Inference'' and Comments 4 and 5.
---------------------------------------------------------------------------
\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013) (Conditional Review of NME Entity Notice).
---------------------------------------------------------------------------
Companies Eligible for a Separate Rate
In our Preliminary Results, we determined that 11 companies, plus
Union, are eligible for a separate rate.\14\ These companies are:
Allied Maker Limited; Changzhou Changzheng Evaporator Co., Ltd.;
Dongguan Aoda Aluminum Co., Ltd.; Justhere Co., Ltd.; Kam Kiu Aluminium
Products Sdn Bhd; Kromet International Inc. (Kromet); Metaltek Group
Co., Ltd.; Permasteelisa South China Factory; Permasteelisa Hong Kong
Ltd.; Taishan City Kam Kiu Aluminium Extrusion Co., Ltd.; and tenKsolar
(Shanghai) Co., Ltd. We received no information since the issuance of
the Preliminary Results that provides a basis for reconsideration of
this determination. Therefore, the Department continues to find that
these 12 companies are eligible for a separate rate.
---------------------------------------------------------------------------
\14\ See Preliminary Results, 80 FR at 32348.
---------------------------------------------------------------------------
Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
Neither the Tariff Act of 1930, as amended (the Act), nor the
Department's regulations address the establishment of the rate applied
to individual separate rate companies not selected for examination
where the Department limited its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. The Department's
practice in administrative reviews involving limited selection based on
exporters accounting for the largest volumes of trade has been to look
to section 735(c)(5) of the Act for guidance, which provides
instructions for calculating the all-others rate in a market-economy
antidumping investigation. Section 735(c)(5)(A) of the Act instructs
the Department to avoid calculating an all-others rate using any rates
that are zero, de minimis, or based entirely on facts available in
investigations. Section 735(c)(5)(B) of the Act provides that, where
all rates are zero, de minimis, or based entirely on facts available,
the Department may use ``any reasonable method'' for assigning an all-
others rate.
In the Preliminary Results, we assigned the rate of 32.79 percent,
the most recent rate (from the less than fair value investigation)
calculated for the non-examined separate rate respondents, to the non-
examined separate rate respondents in the instant review.\15\ However,
we have determined in these Final Results that the methodology used in
the Preliminary Results was predicated on the erroneous calculation of
a rate of zero for Union. As Union's rate at these Final Results is
neither zero nor de minimis, we are applying Union's calculated rate to
the non-examined, separate rate companies in accordance with section
735(c)(5) of the Act. For a full explanation, see the accompanying
Issues and Decision Memorandum at Comment 3.
---------------------------------------------------------------------------
\15\ Id., at 32349.
---------------------------------------------------------------------------
Determination of No Shipments
One company remaining under review, Xin Wei, timely submitted a
certification indicating that it had no sales, shipments, or entries of
subject merchandise during the POR.\16\ Consistent with our practice,
the Department requested that CBP conduct a query on potential
shipments made by Xin Wei during the POR; CBP provided no evidence that
contradicted Xin Wei's claim of no shipments. Based on Xin Wei's no-
shipment certification and our analysis of the CBP information, in the
Preliminary Results we determined that Xin Wei had no shipments during
the POR.\17\ No party commented on that determination. The Department
will issue appropriate instructions to CBP.\18\
---------------------------------------------------------------------------
\16\ See letter from Xin Wei to the Secretary of Commerce
entitled, ``Aluminum Extrusions from the People's Republic of China:
Certification of No Sales, Shipments, or Entries,'' dated August 26,
2014.
\17\ See Preliminary Results, 80 FR at 32349.
\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------
PRC-Wide Entity
In the Preliminary Results, the Department determined that the
mandatory respondents Jangho and Guang Ya Group/Zhongya/Xinya were not
eligible for a separate rate, and, accordingly, were part of the PRC-
wide entity.\19\ For purposes of these Final Results, the Department
continues to find that Jangho and Guang Ya Group/Zhongya/Xinya are not
eligible for a separate rate and are part of the PRC-wide entity. For a
full explanation, see the Issues and Decision Memorandum at Comments 4
and 5.
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\19\ See Preliminary Results, 80 FR at 32350.
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In addition, 14 companies still subject to these final results are
not eligible for separate-rate status because they did not submit
separate-rate applications or certifications; those companies are:
Aluminicaste Fundicion de Mexico; China Zhongwang Holdings, Ltd.;
Classic & Contemporary Inc.; Dongguan Golden Tiger; Dongguan Golden
Tiger Hardware Industrial Co., Ltd.; Gold Mountain International
Development, Ltd.; Golden Dragon Precise Copper Tube Group, Inc.;
Metaltek Metal Industry Co., Ltd.; Nidec Sankyo Singapore Pte. Ltd.;
Press Metal International Ltd.; tenKsolar, Inc.; Tianjin Jinmao Import
& Export Corp., Ltd.; WTI Building Products, Ltd.; and Zahoqing China
Square Industry Limited/Zhaoqing China Square Industry Limited.\20\
Further, one company still under review, Shenyang Yuanda Aluminium
Industry Engineering Co., Ltd., submitted a separate-rate application
that did not demonstrate eligibility for a separate
[[Page 75063]]
rate. As a result, the Department finds for these final results that
these 15 companies are also part of the PRC-wide entity. The
Department's change in policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\21\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the entity is not under review and the entity's rate
from the previous administrative review (i.e., 33.28 percent) is not
subject to change.\22\
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\20\ One company, Zhaoqing New Zhongya Aluminum Co., Ltd. (New
Zhongya), was determined to have been succeeded by Guangdong Zhongya
Aluminum Company Limited (Guangdong Zhongya) in a changed
circumstances review. See Aluminum Extrusions From the People's
Republic of China: Final Results of Changed Circumstances Review, 77
FR 54900 (September 6, 2012). Thus, despite the fact that a review
was initiated of New Zhongya, it is not being included among these
14 companies because its successor in interest, Guangdong Zhongya,
is part of the Guang Ya Group/Zhongya/Xinya single entity.
\21\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013) (Conditional Review of NME Entity Notice).
\22\ See 2012-2013 Final Results, 79 FR at 78787.
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Adjustments for Countervailable Subsidies
Because no mandatory respondent established eligibility for an
adjustment under section 777A(f) of the Act for countervailable
domestic subsidies, the Department, for these final results, did not
make an adjustment pursuant to section 777A(f) of the Act for
countervailable domestic subsidies for Union or the separate-rate
recipients.\23\
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\23\ See Preliminary Decision Memorandum at 34 and Attachment 1.
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Pursuant to section 772(c)(1)(C) of the Act, the Department made an
adjustment for countervailable export subsidies. For Union, we made
adjustments to its reported U.S. price.\24\ For the companies eligible
for a separate rate, because all of these companies participated in the
second countervailing duty administrative review,\25\ an adjustment has
been made based on the countervailable export subsidy found for the
non-selected companies in the final results of the second
countervailing duty administrative review (or its own calculated rate,
in the case of Kromet).\26\ For a full explanation, see the Issues and
Decision Memorandum at Comment 3.
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\24\ See Memorandum from Mark Flessner to the File entitled,
``2013-2014 Administrative Review of the Antidumping Duty Order on
Aluminum Extrusions from the People's Republic of China: Analysis of
the Final Results Margin Calculation for Union Industry (Asia) Co.,
Ltd.,'' dated concurrently with this notice (Union Final Analysis
Memorandum).
\25\ See Aluminum Extrusions From the People]s Republic of
China: Final Results of Countervailing Duty Administrative Review;
2012, 79 FR 78788, 78789-90 (December 31, 2014).
\26\ See Preliminary Decision Memorandum at Attachment 1.
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For the PRC-wide entity, since the entity is not currently under
review, no adjustments were warranted to its rate, as its rate is not
subject to change.\27\
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\27\ See 2012-2013 Final Results, 79 FR at 78787; see also
Conditional Review of NME Entity Notice, 78 FR 65970. As the rate
for the PRC-wide entity is not subject to change in the instant
review, the margin from the 2012-2013 Final Results that we are
applying to the PRC-wide entity in the instant review is net of
countervailable domestic and export subsidies.
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Final Results of Review
The Department determines that the following weighted-average
dumping margins exist for the POR for these final results:
------------------------------------------------------------------------
Margin
adjusted for
Weighted- liquidation
Exporter average and cash
dumping deposit
margin (%) purposes \28\
(%)
------------------------------------------------------------------------
Allied Maker Limited.................... 86.01 85.73
Changzhou Changzheng Evaporator Co., Ltd 86.01 85.73
Dongguan Aoda Aluminum Co., Ltd......... 86.01 85.73
Justhere Co., Ltd....................... 86.01 85.73
Kam Kiu Aluminium Products Sdn Bhd \29\. 86.01 85.73
Kromet International Inc................ 86.01 85.66
Metaltek Group Co., Ltd................. 86.01 85.73
Permasteelisa Hong Kong Ltd \30\........ 86.01 85.73
tenKsolar (Shanghai) Co., Ltd........... 86.01 85.73
Union Industry (Asia) Co., Ltd.......... 86.01 85.73
------------------------------------------------------------------------
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\28\ See the memorandum from Mark Flessner to The File entitled,
``Aluminum Extrusions from the People's Republic of China: Export
Subsidy Adjustment Memorandum for the Final Results of Antidumping
Duty Administrative Review; 2013-2014,'' dated concurrently with
this notice.
\29\ Although the Department initiated a review for both Taishan
City Kam Kiu Aluminium Extrusion Co., Ltd. and Kam Kiu Aluminium
Products Sdn Bhd, it is apparent from the company's separate-rate
application that Kam Kiu Aluminium Products Sdn Bhd is the exporter
and Taishan City Kam Kiu Aluminium Extrusion Co., Ltd. is a producer
only; thus, Kam Kiu Aluminium Products Sdn Bhd is the appropriate
party to grant the separate rate status.
\30\ Although the Department initiated a review for
Permasteelisa South China Factory and Permasteelisa Hong Kong Ltd.,
it is apparent from the company's separate-rate application that
Permasteelisa Hong Kong Ltd. is the exporter and Permasteelisa South
China Factory is a producer only; thus, Permasteelisa Hong Kong Ltd.
is the appropriate party to grant the separate rate status.
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Additionally, the Department determines for these final results
that the following companies are part of the PRC-wide entity: Jangho
(which includes Guangzhou Jangho Curtain Wall System Engineering Co.,
Ltd. and Jangho Curtain Wall Hong Kong Ltd.); Guang Ya Group/Zhongya/
Xinya (which includes Guang Ya Aluminium Industries Co., Ltd.; Foshan
Guangcheng Aluminium Co., Ltd.; Kong Ah International Company Limited;
Guang Ya Aluminium Industries (Hong Kong) Ltd.; Guangdong Zhongya
Aluminium Company Limited; Zhongya Shaped Aluminium (HK) Holding
Limited; Karlton Aluminum Company Ltd.; and Xinya Aluminum & Stainless
Steel Product Co., Ltd.); Aluminicaste Fundicion de Mexico; China
Zhongwang Holdings, Ltd.; Classic & Contemporary Inc.; Dongguan Golden
Tiger; Dongguan Golden Tiger Hardware Industrial Co., Ltd.; Gold
Mountain International Development, Ltd.; Golden Dragon Precise Copper
Tube Group, Inc.; Metaltek Metal Industry Co., Ltd.; Nidec Sankyo
Singapore Pte. Ltd.; Press Metal International Ltd.; Shenyang Yuanda
Aluminium Industry Engineering Co., Ltd.; tenKsolar, Inc.; Tianjin
Jinmao Import & Export Corp., Ltd.; WTI Building Products, Ltd.; and
Zahoqing China Square Industry Limited/Zhaoqing China Square
[[Page 75064]]
Industry Limited. The rate previously established for the PRC-wide
entity in the previous administrative review is 33.28 percent.\31\
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\31\ See 2012-2013 Final Results, 79 FR at 78787.
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Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review in the
Federal Register. Consistent with the Department's assessment practice
in NME cases, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate.\32\ In addition, if the Department determines that
an exporter under review had no shipments of subject merchandise, any
suspended entries that entered under the exporter's case number (i.e.,
at that exporter's rate) will be liquidated at the PRC-wide rate.\33\
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\32\ See Non-Market Economy Antidumping Proceedings; Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Practice Refinement).
\33\ Id.
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For each individually-examined respondent whose weighted-average
dumping margin is above de minimis (i.e., 0.50 percent) in the final
results of this review, the Department will calculate importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the importer's examined sales to the total
entered value of those same sales, in accordance with 19 CFR
351.212(b)(1). We will instruct CBP to assess antidumping duties on all
appropriate entries covered by this review where an importer- (or
customer-) specific assessment rate calculated in the final results of
this review is above de minimis. Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
(or customer-) specific assessment rate is zero or de minimis, the
Department will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. For the other companies eligible
for a separate rate, the Department will instruct CBP to assess
antidumping duties on the company's entries of subject merchandise at
the rates listed above in the section ``Final Results of Review.''
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) for Union and the
other companies eligible for a separate rate, the cash deposit rate
will that listed above in the section ``Final Results of Review''; (2)
for previously investigated or reviewed PRC and non-PRC exporters not
listed above that have a separate rate, the cash deposit rate will
continue to be the exporter-specific rate published for the most
recently completed segment of this proceeding in which the exporter was
reviewed; (3) for all PRC exporters of subject merchandise which have
not been found to be entitled to a separate rate, the cash deposit rate
will be that established for the PRC-wide entity of 33.28 percent;\34\
and (4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC producer or exporter that supplied that non-PRC
exporter with the subject merchandise. The deposit requirements, when
imposed, shall remain in effect until further notice.
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\34\ See 2012-2013 Final Results, 79 FR at 78787.
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Disclosure
The Department intends to disclose to the parties the calculations
performed for these final results within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
Notification to Importers
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 and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties occurred and the subsequent assessment of
doubled antidumping duties.
Administrative Protective Order Notification to Interested Parties
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This administrative review and notice are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.213(h).
Dated: November 20, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Issues Raised in Case and Rebuttal Briefs
Summary
Background
Application of Facts Available and Use of Adverse Inference
Discussion of the Issues
Issue 1: Collapsing of Zhongya
Issue 2: Improper Calculation of Union's Dumping Margin
Issue 3: Assignment of Union's Revised Dumping Margin to the
Separate Rate Respondents
Issue 4: Use of Union's Recalculated Margin as the AFA Rate
Issue 5: Revision of the PRC-Wide Rate to Reflect Union's
Recalculated Dumping Margin
Conclusion
[FR Doc. 2015-30502 Filed 11-30-15; 8:45 am]
BILLING CODE 3510-DS-P
