Aluminum Extrusions From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2014-2015, 38664-38670 [2016-14046]
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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Notices
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review, in whole or in
part, if a party that requested a review
withdraws the request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
petitioner timely withdrew its review
request for all companies before the 90day deadline, and no other party
requested an administrative review of
the antidumping duty order. Therefore,
we are rescinding in its entirety the
administrative review of the
antidumping duty order on certain
preserved mushrooms from India
covering the period February 1, 2015,
through January 31, 2016.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. 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). The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
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Notification to Importers
This notice serves as the only
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 may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification Regarding Administrative
Protective Order
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). Timely
written notification of return/
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.
Withdrawal of Requests for Review,’’ dated May 13,
2016.
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This notice is published in
accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: June 8, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–14061 Filed 6–13–16; 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:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission of Review in Part; 2014–
2015
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, 2014 through April 30,
2015. These preliminary results cover
175 companies for which an
administrative review was initiated.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) 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 The
AGENCY:
1 The Department initiated this review on July 1,
2015. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
37588 (July 1, 2015) (Initiation Notice).
2 Id., 80 FR at 37590–37593.
3 In prior segments of this proceeding, the
Department found that Guang Ya Group, Zhongya,
and Xinya were affiliated with each other 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) (2010–2012
Final Results); Aluminum Extrusions From the
People’s Republic of China: Final Results of
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Department preliminarily determines
that Jangho and Guang Ya Group/
Zhongya/Xinya failed to cooperate by
not acting to the best of their abilities to
fully comply with the Department’s
requests for information, warranting the
application of facts otherwise available
with adverse inferences, pursuant to
sections 776(a) and 776(b) of the Tariff
Act of 1930, as amended (the Act). We
also preliminarily determine that two
companies, Xin Wei Aluminum
Company Limited (Xin Wei) and
Permasteelisa Hong Kong Limited, had
no shipments. If these preliminary
results are adopted in the final results
of this review, we will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. Interested parties
are invited to comment on these
preliminary results.
DATES: Effective Date: June 14, 2016.
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:
Scope of the Order
The merchandise covered by the
Order 4 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).5
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Antidumping Duty Administrative Review; 2012–
2013, 79 FR 78784 (December 31, 2014) (2012–2013
Final Results); and Aluminum Extrusions From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 75060 (December 1, 2015) (2013–2014
Final Results).
4 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (Order).
5 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Aluminum Extrusions from
the People’s Republic of China; 2014–2015,’’ dated
concurrently with this notice (Preliminary Decision
Memorandum) for a complete description of the
scope of the Order.
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Schedule of the United States (HTSUS):
8424.90.9080, 9405.99.4020,
9031.90.90.95, 7616.10.90.90,
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, 8302.42.30.10,
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
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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.
Tolling of Deadline of Preliminary
Results of Review
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days.6
Rescission of Administrative Review in
Part
Pursuant to 19 CFR 351.213(d)(1),
based on timely withdrawal of the
requests for review, we are partially
rescinding this administrative review
with respect to 129 companies named in
the Initiation Notice.7 See Appendix II
for a full list of these companies.8
Separate Rates
In the Initiation Notice, we informed
parties of the opportunity to request a
separate rate.9 In proceedings involving
non-market economy (NME) countries,
the Department begins with a rebuttable
presumption that all companies within
the NME country are subject to
government control and, thus, should be
assigned a single weighted-average
dumping margin. It is the Department’s
policy to assign all exporters of
merchandise subject to an
administrative review involving an
NME country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate. Companies
that wanted to be considered for a
separate rate in this review were
required to timely file a separate-rate
application or a separate-rate
certification to demonstrate their
eligibility for a separate rate. Separaterate applications and separate-rate
certifications were due to the
Department within 30 calendar days of
the publication of the Initiation Notice.
6 See Memorandum for the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas,’’’
dated January 27, 2016.
7 See Initiation Notice, 80 FR at 37590–37593.
8 See also the Preliminary Decision Memorandum
for further details.
9 Id., 80 FR at 37589–37590.
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In this review, 21 companies for
which a review was requested and
which remain under review did not
submit separate-rate information to
rebut the presumption that they are
subject to government control.10 These
companies are: Belton (Asia)
Development Ltd.; Classic &
Contemporary Inc.; Danfoss Micro
Channel Heat Exchanger (Jia Xing) Co.,
Ltd.; Dongguan Golden Tiger Hardware
Industrial Co., Ltd.; Ever Extend Ent.
Ltd.; Fenghua Metal Product Factory;
FookShing Metal & Plastic Co. Ltd.;
Foshan Golden Source Aluminum
Products Co., Ltd.; Global Point
Technology (Far East) Limited; Gold
Mountain International Development
Limited; Golden Dragon Precise Copper
Tube Group, Inc.; Hebei Xusen Wire
Mesh Products Co., Ltd.; Jackson Travel
Products Co., Ltd.; New Zhongya
Aluminum Factory; Shanghai
Automobile Air-Conditioner
Accessories Co., Ltd.; Southwest
Aluminum (Group) Co., Ltd.; Suzhou
NewHongJi Precision Part Co., Ltd.;
Union Aluminum (SIP) Co.; Whirlpool
Canada L.P.; Whirlpool Microwave
Products Development Ltd.; and Xin
Wei Aluminum Co. As further discussed
in the Preliminary Decision
Memorandum,11 we preliminarily
determine that these entities have not
demonstrated that they operate free
from government control and thus are
not eligible for a separate rate.
Two additional companies that
remain under review, Atlas Integrated
Manufacturing Ltd. (Atlas) and Genimex
Shanghai, Ltd. (Genimex), submitted
separate-rate applications, but, as
further discussed in the Preliminary
Decision Memorandum, we
preliminarily determine that these
companies are not eligible for a separate
rate.
In addition, nine companies still
under review submitted separate-rate
applications or separate-rate
10 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 21
companies because its successor in interest,
Guangdong Zhongya, is part of the Guang Ya
Group/Zhongya/Xinya single entity.
11 See Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Aluminum Extrusions from
the People’s Republic of China; 2014–2015,’’ dated
concurrently with this notice.
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certifications and, where applicable,
responses to supplemental
questionnaires which provide sufficient
information to preliminarily determine
that they are entitled to a separate rate.
These nine companies are: Allied Maker
Limited; Birchwoods (Lin’an) Leisure
Products Co., Ltd.; Changzhou
Changzheng Evaporator Co., Ltd.;
Dongguan Aoda Aluminum Co., Ltd.;
JMA (HK) Company Limited; Kam Kiu
Aluminium Products Sdn. Bhd.;
Metaltek Group Co., Ltd.; Taishan City
Kam Kiu Aluminium Extrusion Co.,
Ltd.; and Tianjin Jinmao Import &
Export Corp., Ltd. A full discussion of
the basis for granting these companies a
separate rate can be found in the
Preliminary Decision Memorandum.
Rate for Non-Examined Companies
Which Are Eligible for a Separate Rate
The statute and the Department’s
regulations do not address the
establishment of the rate applied to
individual respondents not selected for
individual examination when the
Department limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
the Department looks to section
735(c)(5) of the Act, which provides
instructions for calculating the allothers rate in an investigation, for
guidance when calculating the rate for
separate-rate respondents which we did
not examine individually in an
administrative review. Section
735(c)(5)(A) of the Act notes a
preference that we are not to calculate
an all-others rate using rates for
individually-examined respondents
which are zero, de minimis, or based
entirely on facts available. 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 a rate to nonexamined respondents.
In previous cases, the Department has
determined that a reasonable method to
use when the rates for respondents
selected for individual examination are
zero, de minimis, or based entirely on
facts available is to assign nonexamined respondents the average of
the most recently-determined weightedaverage dumping margins that are not
zero, de minimis, or based entirely on
facts available.12 These rates may be
12 See Narrow Woven Ribbons With Woven
Selvedge from Taiwan; Final Results of
Antidumping Duty Administrative Review; 2013–
2014, 81 FR 22578 (April 18, 2016) and
accompanying Issues and Decision Memorandum at
Comment 1; see also Ball Bearings and Parts
Thereof From France, Germany, Italy, Japan, and
the United Kingdom: Final Results of Antidumping
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from the investigation, a prior
administrative review, or a new shipper
review.
For these preliminary results, the
rates we determined for the mandatory
respondents were either zero, de
minimis, or based entirely on facts
available. Therefore, we preliminarily
determine to apply a margin (that is not
zero, de minimis, or based entirely on
facts available) from the most recentlycompleted segment in this proceeding to
the non-examined separate-rate
companies. This determination is
consistent with precedent 13 and the
most reasonable method to determine
the separate rate in the instant review.
Pursuant to this method, we are
preliminarily assigning the margin of
86.01 percent, the sole margin
calculated in the immediately-preceding
segment of this proceeding for the
mandatory respondent and applied to
the non-examined separate-rate
respondents,14 to the non-examined
separate-rate respondents in the instant
review.
Preliminary Determination of No
Shipments
Two companies for which a review
was requested and remain under review,
Xin Wei and Permasteelisa Hong Kong
Limited, timely submitted certifications
indicating that they had no exports,
sales, shipments, or entries of subject
merchandise during the POR.15
Consistent with our practice, the
Department requested that CBP conduct
a query on potential shipments made by
Xin Wei and Permasteelisa Hong Kong
Limited during the POR; CBP provided
no evidence that contradicted either Xin
Duty Administrative Reviews and Rescission of
Reviews in Part, 73 FR 52823, 52824 (September 11,
2008) and accompanying Issues and Decision
Memorandum at Comment 16.
13 Id. This is also consistent with the
Department’s determination in prior segments of
this proceeding. See 2010–2012 Final Results, 79 FR
at 99 and 2012–2013 Final Results, 79 FR at 78786.
See also Yangzhou Bestpak Gifts & Crafts Co., Ltd.
v. United States, 716 F.3d 1370, 1374 (Fed. Cir.
2013) (recognizing and affirmatively discussing the
Department’s normal methodology for calculating a
separate rate).
14 See 2013–2014 Final Results, 80 FR at 75063.
15 See Letter from Xin Wei to the Department,
‘‘Aluminum Extrusions from the People’s Republic
of China: Certification of No Sales, Shipments, or
Entries,’’ dated July 22, 2015 and Letter from
Permasteelisa Hong Kong Limited and
Permasteelisa South China Factory, ‘‘Aluminum
Extrusions From the People’s Republic of China:
Notice of No Sales,’’ dated July 28, 2015. While the
Department issued standard no-shipment port
inquiries for Xin Wei and Permasteelisa Hong Kong
Limited, we did not do so with regard to
Permasteelisa South China Factory because
Permasteelisa South China Factory was not granted
separate rate status in a prior segment of this
proceeding. See, e.g., 2013–2014 Final Results, 80
FR at 75063, footnote 30.
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Wei’s or Permasteelisa Hong Kong
Limited’s claims of no shipments. Based
on Xin Wei’s and Permasteelisa Hong
Kong Limited’s no-shipment
certifications and our analysis of the
CBP information, we preliminarily
determine that neither Xin Wei nor
Permasteelisa Hong Kong Limited had
shipments during the POR. However,
consistent with our practice in NME
cases, the Department is not rescinding
this review, in part, but intends to
complete the review with respect to Xin
Wei and Permasteelisa Hong Kong
Limited and issue appropriate
instructions to CBP based on the final
results of the review.16
Application of Adverse Facts Available
Pursuant to sections 776(a)(1) and
776(a)(2)(A), (B), (C), and (D) of the Act,
the Department preliminarily finds that
the use of facts otherwise available is
warranted with respect to Jangho. On
May 5, 2016, Jangho submitted a letter
to the Department in which it
announced its withdrawal from active
participation as a mandatory respondent
in the instant administrative review.17
By withdrawing from participation in
this proceeding, Jangho withheld
necessary information requested by the
Department and therefore significantly
impeded the proceeding. Furthermore,
some of the information Jangho did
provide prior to its withdrawal from this
proceeding was not in the form and
manner requested, and Jangho’s
withdrawal precludes verification of the
information it did provide.
The Department also preliminarily
finds that the use of facts otherwise
available is warranted with respect to
Guang Ya Group/Zhongya/Xinya in
accordance with sections 776(a)(2)(A)
and (C) of the Act. On November 23,
2015, Zhongya submitted a letter to the
Department stating that it would not be
responding to the Department’s
questionnaires.18 In addition, on
November 25, 2015, Guang Ya Group
submitted a letter informing the
Department that it was withdrawing
from participation in this review.19 As
a result, Guang Ya Group/Zhongya/
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
17 See Letter from Jangho to the Department,
‘‘2014–2015 Administrative Review of Aluminum
Extrusions from the People’s Republic of China,’’
dated May 5, 2016.
18 See Letter from Zhongya Aluminum Company
Limited, Guangdong Zhongya Aluminium Company
Limited, Zhongya Shaped Aluminum (HK) Holding
Limited, and Karlton Aluminum Company Ltd. to
the Department, ‘‘Aluminum Extrusions from
China: Antidumping (AD) And Countervailing Duty
(CVD) Questionnaires,’’ dated November 23, 2015.
19 See Letter from Guang Ya Group to the
Department, dated November 25, 2015.
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Xinya withheld information that was
requested by the Department and thus
significantly impeded the proceeding.
Further, pursuant to section 776(b) of
the Act, the Department preliminarily
determines that both Jangho and Guang
Ya Group/Zhongya/Xinya failed to
cooperate by not acting to the best of
their abilities to comply with the
Department’s requests for information,
and, thus, an adverse inference is
warranted.
Because the Department preliminarily
determines that Jangho and Guang Ya
Group/Zhongya/Xinya failed to
cooperate by not acting to the best of
their abilities to comply with requests
for information, we have determined
that they are not eligible for a separate
rate.20 Regarding Jangho, the
Department preliminarily finds that the
record contains numerous deficiencies
because Jangho did not respond to a
supplemental questionnaire issued by
the Department; therefore, the record
does not contain the information
necessary to make a separate rate
determination. Guang Ya Group/
Zhongya/Xinya, on the other hand,
failed to provide a response to the
Department’s antidumping
questionnaire at all. As such, separate
rates are not warranted for Jangho or
Guang Ya Group/Zhonya/Xinya.
PRC-Wide Entity
As the Department preliminarily
determines, based on AFA, that Jangho
and Guang Ya Group/Zhongya/Xinya
are not eligible for a separate rate, we
determine that both companies are part
of the PRC-wide entity.
In addition, 21 companies still subject
to these preliminary results (listed
above) are not eligible for separate-rate
status because they did not submit
separate-rate applications or
certifications. Two additional
companies still under review, Atlas and
Genimex, submitted separate-rate
applications that did not demonstrate
eligibility for a separate rate. As a result,
the Department preliminarily finds
these 23 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
Methodology
The Department is conducting this
review in accordance with section
751(a)(1)(B) of the Act. For a full
description of the methodology
underlying our preliminary results, see
the Preliminary Decision Memorandum,
dated concurrently with these results
and hereby adopted by this notice. A list
of the topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
The Preliminary 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 registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, parties
can obtain a complete version of the
Preliminary Decision Memorandum on
the Internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Adjustments for Countervailable
Subsidies
Because no mandatory respondent
established eligibility for an adjustment
under section 777A(f) of the Act for
countervailable domestic subsidies, for
these preliminary results, the
Department did not make an adjustment
pursuant to section 777A(f) of the Act
for countervailable domestic subsidies
for the separate-rate recipients.
Pursuant to section 772(c)(1)(C) of the
Act, the Department made an
adjustment for countervailable export
subsidies for the separate-rate
recipients. Specifically, we adjusted the
assigned separate rate by deducting the
simple average of the countervailable
export subsidies determined for the
individually-examined respondents in
the 2013 (i.e., most recently completed)
countervailing duty administrative
review.23
For the PRC-wide entity, since the
entity is not currently under review, its
rate is not subject to change.24
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margins exist for the
2014–2015 POR:
Weightedaverage
dumping
margin
(percent)
Exporter
Allied Maker Limited ................................................................................................................................................
Birchwoods (Lin’an) Leisure Products Co., Ltd. ......................................................................................................
Changzhou Changzheng Evaporator Co., Ltd. .......................................................................................................
Dongguan Aoda Aluminum Co., Ltd. .......................................................................................................................
JMA (HK) Company Limited ....................................................................................................................................
Kam Kiu Aluminium Products Sdn Bhd 25 ...............................................................................................................
20 See
section 776(b) of the Act.
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 2013–2014 Final Results, 80 FR at 75063.
23 See Aluminum Extrusions From the People’s
Republic of China: Final Results, and Partial
Rescission of Countervailing Duty Administrative
srobinson on DSK5SPTVN1PROD with NOTICES
21 See
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Jkt 238001
Review; 2013, 80 FR 77325 (December 14, 2015) and
Aluminum Extrusions From the People’s Republic
of China: Amended Final Results of Countervailing
Duty Administrative Review; 2013, 81 FR 15238
(March 22, 2016), as corrected in Aluminum
Extrusions from the People’s Republic of China:
Notice of Correction to Amended Final Results of
Countervailing Duty Administrative Review; 2013,
81 FR 31227 (May 18, 2016). See also Preliminary
Decision Memorandum for the calculation of the
countervailable export subsidies deducted from the
assigned separate rate.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
86.01
86.01
86.01
86.01
86.01
86.01
Margin
adjusted for
liquidation
and cash
deposit
purposes
(percent)
85.94
85.94
85.94
85.94
85.94
85.94
24 See Conditional Review of NME Entity Notice,
78 FR at 65970. As the rate for the PRC-wide entity
is not subject to change in the instant review, the
adjusted margin we are applying to the PRC-wide
entity in the instant review, 33.18 percent, is net of
the countervailable domestic and export subsidies
determined in the 2012–2013 Final Results. See
2012–2013 Final Results, 79 FR at 78787; see also
2013–2014 Final Results, 80 FR at 75063, footnote
27.
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Weightedaverage
dumping
margin
(percent)
Exporter
Metaltek Group Co., Ltd. .........................................................................................................................................
Tianjin Jinmao Import & Export Corp., Ltd. .............................................................................................................
srobinson on DSK5SPTVN1PROD with NOTICES
Additionally, the Department
preliminarily determines 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.); Atlas Integrated
Manufacturing Ltd.; Belton (Asia)
Development Ltd.; Classic &
Contemporary Inc.; Danfoss Micro
Channel Heat Exchanger (Jia Xing) Co.,
Ltd.; Dongguan Golden Tiger Hardware
Industrial Co., Ltd.; Ever Extend Ent.
Ltd.; Fenghua Metal Product Factory;
FookShing Metal & Plastic Co. Ltd.;
Foshan Golden Source Aluminum
Products Co., Ltd.; Genimex Shanghai,
Ltd.; Global Point Technology (Far East)
Limited; Gold Mountain International
Development Limited; Golden Dragon
Precise Copper Tube Group, Inc.; Hebei
Xusen Wire Mesh Products Co., Ltd.;
Jackson Travel Products Co., Ltd.; New
Zhongya Aluminum Factory; Shanghai
Automobile Air-Conditioner
Accessories Co., Ltd.; Southwest
Aluminum (Group) Co., Ltd.; Suzhou
NewHongJi Precision Part Co., Ltd.;
Union Aluminum (SIP) Co.; Whirlpool
Canada L.P.; Whirlpool Microwave
Products Development Ltd.; and Xin
Wei Aluminum Co. The rate previously
established for the PRC-wide entity in
the previous administrative review is
33.28 percent.26
25 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.
26 See 2013–2014 Final Results, 80 FR at 75063.
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Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of these preliminary
results of review.27 Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed no later than five
days after the case briefs are filed.28
Parties who submit arguments are
requested to submit with the argument
(a) a statement of the issue, (b) a brief
summary of the argument, and (c) a
table of authorities.29 Parties submitting
briefs should do so pursuant to the
Department’s electronic filing
requirements.
Any interested party may request a
hearing within 30 days of publication of
this notice.30 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the case
and rebuttal briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.31
Unless extended, the Department
intends to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, the Department will
determine, and CBP shall assess,
antidumping duties on all appropriate
entries covered by this review.32 The
Department intends to issue assessment
instructions to CBP 15 days after
27 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1)–(2).
29 See 19 CFR 351.309(c)(2) and (d)(2).
30 See 19 CFR 351.310(c).
31 See 19 CFR 351.310(d).
32 See 19 CFR 351.212(b)(1).
28 See
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
86.01
86.01
Margin
adjusted for
liquidation
and cash
deposit
purposes
(percent)
85.94
85.94
publication of the final results of this
review.
We intend to instruct CBP to liquidate
entries containing subject merchandise
exported by the PRC-wide entity at the
PRC-wide rate. Additionally, if the
Department determines that an exporter
under review had no shipments of the
subject merchandise, any suspended
entries that entered under that
exporter’s case number will be
liquidated at the PRC-wide rate.33
For the companies for which this
review is rescinded, 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). We will instruct
CBP accordingly.
Cash Deposit Requirements
The following cash deposit
requirements for estimated antidumping
duties, when imposed, will apply to all
shipments of subject merchandise from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
the publication of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) If
the companies preliminarily determined
to be eligible for a separate rate receive
a separate rate in the final results of this
administrative review, their cash
deposit rate will be equal to the
weighted-average dumping margin
established in the final results of this
review, as adjusted for domestic and
export subsidies (except, if that rate is
de minimis, then the cash deposit rate
will be zero); (2) for any previously
investigated or reviewed PRC and nonPRC exporters that are not under review
in this segment of the proceeding but
that received a separate rate in the most
recently completed segment of this
proceeding, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recently
completed segment of this proceeding;
(3) for all PRC exporters of subject
merchandise that have not been found
33 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide entity, which is 33.18 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 exporter that supplied that nonPRC exporter.
These cash deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a
preliminary 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
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing notice
of these preliminary results in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
srobinson on DSK5SPTVN1PROD with NOTICES
1. Summary
2. Background
3. Respondent Selection
4. Rescission of Administrative Review in
Part
5. Scope of the Order
6. Affiliation and Collapsing
7. Preliminary Determination of No
Shipments
8. Non-Market Economy Country
9. Separate Rates
10. Separate-Rate Recipients
11. Preliminary Determination of Rate for
Non-Examined Separate-Rate Recipients
12. The PRC-Wide Entity
13. Application of Facts Available and Use of
Adverse Inference
14. Adjustments for Countervailable
Subsidies
15. Conclusion
Appendix II—Companies for Which
This Administrative Review Is Being
Rescinded
1. Acro Import and Export Co.
2. Activa International Inc.
34 See 2012–2013 Final Results, 79 FR at 78787.
This rate is adjusted for export and domestic
subsidies, as appropriate.
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Jkt 238001
3. Alnan Aluminium Co., Ltd.
4. Aluminicaste Fundicion de Mexico
5. Bracalente Metal Products (Suzhou) Co.,
Ltd.
6. Changshu Changsheng Aluminium
Products Co., Ltd.
7. Changzhou Tenglong Auto Parts Co., Ltd.
8. China Zhongwang Holdings, Ltd.
9. Chiping One Stop Industrial & Trade Co.,
Ltd.
10. Clear Sky Inc.
11. Cosco (J.M.) Aluminium Co., Ltd.
12. Dongguan Dazhan Metal Co., Ltd.
13. Dragonluxe Limited
14. Dynamic Technologies China Ltd.
15. Dynabright Int’l Group (HK) Limited
16. First Union Property Limited
17. Foreign Trade Co. of Suzhou New & HighTech Industrial Development Zone
18. Foshan City Nanhai Hongjia Aluminum
Alloy Co., Ltd.
19. Foshan Jinlan Aluminum Co., Ltd.
20. Foshan JMA Aluminum Company
Limited
21. Foshan Sanshui Fenglu Aluminium Co.,
Ltd.
22. Foshan Shunde Aoneng Electrical
Appliances Co., Ltd.
23. Foshan Yong Li Jian Aluminum Co., Ltd.
24. Fujian Sanchuan Aluminum Co., Ltd.
25. Global PMX Dongguan Co., Ltd.
26. Gran Cabrio Capital Pte. Ltd.
27. Gree Electric Appliances
28. GT88 Capital Pte. Ltd.
29. Guangdong Hao Mei Aluminium Co., Ltd.
30. Guangdong Jianmei Aluminum Profile
Company Limited
31. Guangdong JMA Aluminum Profile
Factory (Group) Co., Ltd.
32. Guangdong Nanhai Foodstuffs Imp. &
Exp. Co., Ltd.
33. Guangdong Weiye Aluminum Factory
Co., Ltd.
34. Guangdong Whirlpool Electrical
Appliances Co., Ltd.
35. Guangdong Xingfa Aluminium Co., Ltd.
36. Guangdong Xin Wei Aluminum Products
Co., Ltd.
37. Guangdong Yonglijian Aluminum Co.,
Ltd.
38. Guangzhou Mingcan Die-Casting
Hardware Products Co., Ltd.
39. Hangzhou Xingyi Metal Products Co.,
Ltd.
40. Hanwood Enterprises Limited
41. Hanyung Alcoba Co., Ltd.
42. Hanyung Alcobis Co., Ltd.
43. Hanyung Metal (Suzhou) Co., Ltd.
44. Hao Mei Aluminum Co., Ltd.
45. Hao Mei Aluminum International Co.,
Ltd.
46. Henan New Kelong Electrical Appliances
Co., Ltd.
47. Hong Kong Gree Electric Appliances
Sales Limited
48. Honsense Development Company
49. Hui Mei Gao Aluminum Foshan Co., Ltd.
50. IDEX Dinglee Technology (Tianjin) Co.,
Ltd.
51. IDEX Technology Suzhou Co., Ltd.
52. IDEX Health
53. Innovative Aluminium (Hong Kong)
Limited
54. iSource Asia
55. Jiangmen Qunxing Hardware Diecasting
Co., Ltd.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
38669
56. Jiangsu Changfa Refrigeration Co., Ltd.
57. Jiangyin Trust International Inc.
58. Jiangyin Xinhong Doors and Windows
Co., Ltd.
59. Jiaxing Jackson Travel Products Co., Ltd.
60. Jiaxing Taixin Metal Products Co., Ltd.
61. Jiuyan Co., Ltd.
62. Justhere Co., Ltd.
63. Kanal Precision Aluminum Product Co.,
Ltd.
64. Kromet International, Inc.
65. Kunshan Giant Light Metal Technology
Co., Ltd.
66. Liaoning Zhongwang Group Co., Ltd.
67. Liaoyang Zhongwang Aluminum Profile
Co., Ltd.
68. Longkou Donghai Trade Co., Ltd.
69. Metaltek Metal Industry Co., Ltd.
70. Midea Air Conditioning Equipment Co.,
Ltd.
71. Midea International Training Co., Ltd./
Midea International Trading Co., Ltd.
72. Miland Luck Limited
73. Nanhai Textiles Import & Export Co., Ltd.
74. New Asia Aluminum & Stainless Steel
Product Co., Ltd.
75. Nidec Sankyo (Zhejang) Corporation
76. Nidec Sankyo Singapore Pte. Ltd.
77. Ningbo Coaster International Co., Ltd.
78. Ningbo Hi Tech Reliable Manufacturing
Company
79. Ningbo Ivy Daily Commodity Co., Ltd.
80. Ningbo Yili Import and Export Co., Ltd.
81. North China Aluminum Co., Ltd.
82. North Fenghua Aluminum Ltd.
83. Northern States Metals
84. PanAsia Aluminium (China) Limited
85. Pengcheng Aluminum Enterprise Inc.
86. Pingguo Aluminum Company Limited
87. Pingguo Asia Aluminum Co., Ltd.
88. Popular Plastics Co., Ltd.
89. Press Metal International Ltd.
90. Samuel, Son & Co., Ltd.
91. Sanchuan Aluminum Co., Ltd.
92. Shangdong Huasheng Pesticide
Machinery Co.
93. Shangdong Nanshan Aluminum Co., Ltd.
94. Shanghai Canghai Aluminum Tube
Packaging Co., Ltd.
95. Shanghai Dongsheng Metal
96. Shanghai Shen Hang Imp & Exp Co., Ltd.
97. Shanghai Tongtai Precise Aluminum
Alloy Manufacturing Co., Ltd.
98. Shenyang Yuanda Aluminium Industry
Engineering Co., Ltd.
99. Shenzhen Hudson Technology
Development Co.
100. Shenzhen Jiuyuan Co., Ltd.
101. Sihui Shi Guo Yao Aluminum Co., Ltd.
102. Sincere Profit Limited
103. Skyline Exhibit Systems (Shanghai) Co.,
Ltd.
104. Suzhou JRP Import & Export Co., Ltd.
105. TAI–AO Aluminium (Taishan) Co., Ltd.
106. Taizhou Lifeng Manufacturing Co., Ltd.
107. Taizhou United Imp. & Exp. Co., Ltd.
108. tenKsolar (Shanghai) Co., Ltd.
109. Tianjin Ganglv Nonferrous Metal
Materials Co., Ltd.
110. Tianjin Ruixin Electric Heat
Transmission Technology, Ltd.
111. Tianjin Xiandai Plastic & Aluminum
Products Co., Ltd.
112. Tiazhou Lifeng Manufacturing
Corporation/Taizhou Lifeng
Manufacturing Corporation, Ltd.
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113. Top-Wok Metal Co., Ltd.
114. Traffic Brick Network, LLC
115. Union Industry (Asia) Co., Ltd.
116. USA Worldwide Door Components
(PINGHU) Co., Ltd.
117. Wenzhou Shengbo Decoration &
Hardware
118. Whirlpool (Guangdong)
119. WTI Building Products, Ltd.
120. Zahoqing China Square Industry
Limited/Zhaoqing China Square Industry
Limited
121. Zhaoqing Asia Aluminum Factory
Company Ltd.
122. Zhaoqing China Square Industrial Ltd.
123. Zhejiang Anji Xinxiang Aluminum Co.,
Ltd.
124. Zhejiang Yongkang Listar Aluminium
Industry Co., Ltd.
125. Zhejiang Zhengte Group Co., Ltd.
126. Zhenjiang Xinlong Group Co., Ltd.
127. Zhongshan Daya Hardware Co., Ltd.
128. Zhongshan Gold Mountain Aluminium
Factory Ltd.
129. Zhuhai Runxingtai Electrical Equipment
Co., Ltd.
[FR Doc. 2016–14046 Filed 6–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 8, 2016, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary results
of the administrative review of the
antidumping duty order on pure
magnesium from the People’s Republic
of China (‘‘PRC’’) covering the period
May 1, 2014 through April 31, 2015.1
This review covers one PRC exporter,
Tianjin Magnesium International, Co.,
Ltd. (‘‘TMI’’) and Tianjin Magnesium
Metal, Co., Ltd. (‘‘TMM’’) (collectively
‘‘TMI/TMM’’). The Department gave
interested parties an opportunity to
comment on the Preliminary Results,
but we received no comments. Hence,
these final results are unchanged from
the Preliminary Results, and we
continue to find that TMI/TMM did not
have reviewable entries during the
period of review (‘‘POR’’).
DATES: Effective Date: June 14, 2016.
srobinson on DSK5SPTVN1PROD with NOTICES
AGENCY:
1 See
Pure Magnesium From the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2014–
2015, 81 FR 6504 (February 8, 2016) (‘‘Preliminary
Results’’).
VerDate Sep<11>2014
19:36 Jun 13, 2016
Jkt 238001
FOR FURTHER INFORMATION CONTACT:
Shanah Lee or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6386 or (202) 482–
5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 8, 2016, the Department
published the Preliminary Results of the
instant review, preliminarily finding
that TMI/TMM did not have any
reviewable entries during the POR.2 We
invited interested parties to comment on
the Preliminary Results.3 We received
no comments from interested parties.
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (‘‘the Act’’).
Scope of the Order
Merchandise covered by the order is
pure magnesium regardless of
chemistry, form or size, unless expressly
excluded from the scope of the order.
Pure magnesium is a metal or alloy
containing by weight primarily the
element magnesium and produced by
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium);
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off–specification pure’’ magnesium).
‘‘Off–specification pure’’ magnesium
is pure primary magnesium containing
magnesium scrap, secondary
magnesium, oxidized magnesium or
impurities (whether or not intentionally
added) that cause the primary
magnesium content to fall below 99.8%
2 Id.,
3 Id.,
PO 00000
at 6505–6506.
at 6506.
Frm 00015
Fmt 4703
Sfmt 4703
by weight. It generally does not contain,
individually or in combination, 1.5% or
more, by weight, of the following
alloying elements: Aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
Excluded from the scope of the order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the order are currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings 8104.11.00, 8104.19.00,
8104.20.00, 8104.30.00, 8104.90.00,
3824.90.11, 3824.90.19 and 9817.00.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope is dispositive.
Final Determination of No Shipments
As explained in the Preliminary
Results, the Department found that TMI/
TMM did not have reviewable entries
during the POR.4 Also in the
Preliminary Results, the Department
stated that consistent with its
refinement to its assessment practice in
non-market economy (‘‘NME’’) cases, it
is appropriate not to rescind the review
in this circumstance but, rather, to
complete the review with respect to
TMI/TMM and to issue appropriate
instructions to Customs and Border
Protection (‘‘CBP’’) based on the final
results of the review.5
After issuing the Preliminary Results,
the Department received no comments
from interested parties, nor has it
received any information that would
cause it to revisit its preliminary results.
Therefore, for these final results, the
Department continues to find that TMI/
TMM did not have any reviewable
entries during the POR.
Assessment Rates
The Department determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
4 Id.,
at 6505–6506.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (‘‘Assessment Practice
Refinement’’) and the ‘‘Assessment Rates’’ section,
below.
5 See
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]]>Agencies
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Notices]
[Pages 38664-38670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14046]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review in Part; 2014-2015
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, 2014 through April 30, 2015. These preliminary
results cover 175 companies for which an administrative review was
initiated.\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)
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\ The
Department preliminarily determines that Jangho and Guang Ya Group/
Zhongya/Xinya failed to cooperate by not acting to the best of their
abilities to fully comply with the Department's requests for
information, warranting the application of facts otherwise available
with adverse inferences, pursuant to sections 776(a) and 776(b) of the
Tariff Act of 1930, as amended (the Act). We also preliminarily
determine that two companies, Xin Wei Aluminum Company Limited (Xin
Wei) and Permasteelisa Hong Kong Limited, had no shipments. If these
preliminary results are adopted in the final results of this review, we
will instruct U.S. Customs and Border Protection (CBP) to assess
antidumping duties on all appropriate entries. Interested parties are
invited to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The Department initiated this review on July 1, 2015. See
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 80 FR 37588 (July 1, 2015) (Initiation Notice).
\2\ Id., 80 FR at 37590-37593.
\3\ In prior segments of this proceeding, the Department found
that Guang Ya Group, Zhongya, and Xinya were affiliated with each
other 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) (2010-2012 Final Results);
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); and Aluminum
Extrusions From the People's Republic of China: Final Results of
Antidumping Duty Administrative Review; 2013-2014, 80 FR 75060
(December 1, 2015) (2013-2014 Final Results).
---------------------------------------------------------------------------
DATES: Effective Date: June 14, 2016.
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:
Scope of the Order
The merchandise covered by the Order \4\ 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).\5\
---------------------------------------------------------------------------
\4\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
\5\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Aluminum Extrusions from the People's
Republic of China; 2014-2015,'' dated concurrently with this notice
(Preliminary Decision Memorandum) for a complete description of the
scope of the Order.
---------------------------------------------------------------------------
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff
[[Page 38665]]
Schedule of the United States (HTSUS): 8424.90.9080, 9405.99.4020,
9031.90.90.95, 7616.10.90.90, 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, 8302.42.30.10,
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.
Tolling of Deadline of Preliminary Results of Review
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days.\6\
---------------------------------------------------------------------------
\6\ See Memorandum for the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Administrative Deadlines as a Result of the Government Closure
during Snowstorm `Jonas,''' dated January 27, 2016.
---------------------------------------------------------------------------
Rescission of Administrative Review in Part
Pursuant to 19 CFR 351.213(d)(1), based on timely withdrawal of the
requests for review, we are partially rescinding this administrative
review with respect to 129 companies named in the Initiation Notice.\7\
See Appendix II for a full list of these companies.\8\
---------------------------------------------------------------------------
\7\ See Initiation Notice, 80 FR at 37590-37593.
\8\ See also the Preliminary Decision Memorandum for further
details.
---------------------------------------------------------------------------
Separate Rates
In the Initiation Notice, we informed parties of the opportunity to
request a separate rate.\9\ In proceedings involving non-market economy
(NME) countries, the Department begins with a rebuttable presumption
that all companies within the NME country are subject to government
control and, thus, should be assigned a single weighted-average dumping
margin. It is the Department's policy to assign all exporters of
merchandise subject to an administrative review involving an NME
country this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate.
Companies that wanted to be considered for a separate rate in this
review were required to timely file a separate-rate application or a
separate-rate certification to demonstrate their eligibility for a
separate rate. Separate-rate applications and separate-rate
certifications were due to the Department within 30 calendar days of
the publication of the Initiation Notice.
---------------------------------------------------------------------------
\9\ Id., 80 FR at 37589-37590.
---------------------------------------------------------------------------
In this review, 21 companies for which a review was requested and
which remain under review did not submit separate-rate information to
rebut the presumption that they are subject to government control.\10\
These companies are: Belton (Asia) Development Ltd.; Classic &
Contemporary Inc.; Danfoss Micro Channel Heat Exchanger (Jia Xing) Co.,
Ltd.; Dongguan Golden Tiger Hardware Industrial Co., Ltd.; Ever Extend
Ent. Ltd.; Fenghua Metal Product Factory; FookShing Metal & Plastic Co.
Ltd.; Foshan Golden Source Aluminum Products Co., Ltd.; Global Point
Technology (Far East) Limited; Gold Mountain International Development
Limited; Golden Dragon Precise Copper Tube Group, Inc.; Hebei Xusen
Wire Mesh Products Co., Ltd.; Jackson Travel Products Co., Ltd.; New
Zhongya Aluminum Factory; Shanghai Automobile Air-Conditioner
Accessories Co., Ltd.; Southwest Aluminum (Group) Co., Ltd.; Suzhou
NewHongJi Precision Part Co., Ltd.; Union Aluminum (SIP) Co.; Whirlpool
Canada L.P.; Whirlpool Microwave Products Development Ltd.; and Xin Wei
Aluminum Co. As further discussed in the Preliminary Decision
Memorandum,\11\ we preliminarily determine that these entities have not
demonstrated that they operate free from government control and thus
are not eligible for a separate rate.
---------------------------------------------------------------------------
\10\ 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
21 companies because its successor in interest, Guangdong Zhongya,
is part of the Guang Ya Group/Zhongya/Xinya single entity.
\11\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Aluminum Extrusions from the People's
Republic of China; 2014-2015,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Two additional companies that remain under review, Atlas Integrated
Manufacturing Ltd. (Atlas) and Genimex Shanghai, Ltd. (Genimex),
submitted separate-rate applications, but, as further discussed in the
Preliminary Decision Memorandum, we preliminarily determine that these
companies are not eligible for a separate rate.
In addition, nine companies still under review submitted separate-
rate applications or separate-rate
[[Page 38666]]
certifications and, where applicable, responses to supplemental
questionnaires which provide sufficient information to preliminarily
determine that they are entitled to a separate rate. These nine
companies are: Allied Maker Limited; Birchwoods (Lin'an) Leisure
Products Co., Ltd.; Changzhou Changzheng Evaporator Co., Ltd.; Dongguan
Aoda Aluminum Co., Ltd.; JMA (HK) Company Limited; Kam Kiu Aluminium
Products Sdn. Bhd.; Metaltek Group Co., Ltd.; Taishan City Kam Kiu
Aluminium Extrusion Co., Ltd.; and Tianjin Jinmao Import & Export
Corp., Ltd. A full discussion of the basis for granting these companies
a separate rate can be found in the Preliminary Decision Memorandum.
Rate for Non-Examined Companies Which Are Eligible for a Separate Rate
The statute and the Department's regulations do not address the
establishment of the rate applied to individual respondents not
selected for individual examination when the Department limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, the Department looks to section 735(c)(5) of the
Act, which provides instructions for calculating the all-others rate in
an investigation, for guidance when calculating the rate for separate-
rate respondents which we did not examine individually in an
administrative review. Section 735(c)(5)(A) of the Act notes a
preference that we are not to calculate an all-others rate using rates
for individually-examined respondents which are zero, de minimis, or
based entirely on facts available. 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 a rate to non-examined respondents.
In previous cases, the Department has determined that a reasonable
method to use when the rates for respondents selected for individual
examination are zero, de minimis, or based entirely on facts available
is to assign non-examined respondents the average of the most recently-
determined weighted-average dumping margins that are not zero, de
minimis, or based entirely on facts available.\12\ These rates may be
from the investigation, a prior administrative review, or a new shipper
review.
---------------------------------------------------------------------------
\12\ See Narrow Woven Ribbons With Woven Selvedge from Taiwan;
Final Results of Antidumping Duty Administrative Review; 2013-2014,
81 FR 22578 (April 18, 2016) and accompanying Issues and Decision
Memorandum at Comment 1; see also Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United Kingdom: Final
Results of Antidumping Duty Administrative Reviews and Rescission of
Reviews in Part, 73 FR 52823, 52824 (September 11, 2008) and
accompanying Issues and Decision Memorandum at Comment 16.
---------------------------------------------------------------------------
For these preliminary results, the rates we determined for the
mandatory respondents were either zero, de minimis, or based entirely
on facts available. Therefore, we preliminarily determine to apply a
margin (that is not zero, de minimis, or based entirely on facts
available) from the most recently-completed segment in this proceeding
to the non-examined separate-rate companies. This determination is
consistent with precedent \13\ and the most reasonable method to
determine the separate rate in the instant review. Pursuant to this
method, we are preliminarily assigning the margin of 86.01 percent, the
sole margin calculated in the immediately-preceding segment of this
proceeding for the mandatory respondent and applied to the non-examined
separate-rate respondents,\14\ to the non-examined separate-rate
respondents in the instant review.
---------------------------------------------------------------------------
\13\ Id. This is also consistent with the Department's
determination in prior segments of this proceeding. See 2010-2012
Final Results, 79 FR at 99 and 2012-2013 Final Results, 79 FR at
78786. See also Yangzhou Bestpak Gifts & Crafts Co., Ltd. v. United
States, 716 F.3d 1370, 1374 (Fed. Cir. 2013) (recognizing and
affirmatively discussing the Department's normal methodology for
calculating a separate rate).
\14\ See 2013-2014 Final Results, 80 FR at 75063.
\15\ See Letter from Xin Wei to the Department, ``Aluminum
Extrusions from the People's Republic of China: Certification of No
Sales, Shipments, or Entries,'' dated July 22, 2015 and Letter from
Permasteelisa Hong Kong Limited and Permasteelisa South China
Factory, ``Aluminum Extrusions From the People's Republic of China:
Notice of No Sales,'' dated July 28, 2015. While the Department
issued standard no-shipment port inquiries for Xin Wei and
Permasteelisa Hong Kong Limited, we did not do so with regard to
Permasteelisa South China Factory because Permasteelisa South China
Factory was not granted separate rate status in a prior segment of
this proceeding. See, e.g., 2013-2014 Final Results, 80 FR at 75063,
footnote 30.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Two companies for which a review was requested and remain under
review, Xin Wei and Permasteelisa Hong Kong Limited, timely submitted
certifications indicating that they had no exports, sales, shipments,
or entries of subject merchandise during the POR.\15\ Consistent with
our practice, the Department requested that CBP conduct a query on
potential shipments made by Xin Wei and Permasteelisa Hong Kong Limited
during the POR; CBP provided no evidence that contradicted either Xin
Wei's or Permasteelisa Hong Kong Limited's claims of no shipments.
Based on Xin Wei's and Permasteelisa Hong Kong Limited's no-shipment
certifications and our analysis of the CBP information, we
preliminarily determine that neither Xin Wei nor Permasteelisa Hong
Kong Limited had shipments during the POR. However, consistent with our
practice in NME cases, the Department is not rescinding this review, in
part, but intends to complete the review with respect to Xin Wei and
Permasteelisa Hong Kong Limited and issue appropriate instructions to
CBP based on the final results of the review.\16\
---------------------------------------------------------------------------
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65695 (October 24, 2011).
---------------------------------------------------------------------------
Application of Adverse Facts Available
Pursuant to sections 776(a)(1) and 776(a)(2)(A), (B), (C), and (D)
of the Act, the Department preliminarily finds that the use of facts
otherwise available is warranted with respect to Jangho. On May 5,
2016, Jangho submitted a letter to the Department in which it announced
its withdrawal from active participation as a mandatory respondent in
the instant administrative review.\17\ By withdrawing from
participation in this proceeding, Jangho withheld necessary information
requested by the Department and therefore significantly impeded the
proceeding. Furthermore, some of the information Jangho did provide
prior to its withdrawal from this proceeding was not in the form and
manner requested, and Jangho's withdrawal precludes verification of the
information it did provide.
---------------------------------------------------------------------------
\17\ See Letter from Jangho to the Department, ``2014-2015
Administrative Review of Aluminum Extrusions from the People's
Republic of China,'' dated May 5, 2016.
---------------------------------------------------------------------------
The Department also preliminarily finds that the use of facts
otherwise available is warranted with respect to Guang Ya Group/
Zhongya/Xinya in accordance with sections 776(a)(2)(A) and (C) of the
Act. On November 23, 2015, Zhongya submitted a letter to the Department
stating that it would not be responding to the Department's
questionnaires.\18\ In addition, on November 25, 2015, Guang Ya Group
submitted a letter informing the Department that it was withdrawing
from participation in this review.\19\ As a result, Guang Ya Group/
Zhongya/
[[Page 38667]]
Xinya withheld information that was requested by the Department and
thus significantly impeded the proceeding.
---------------------------------------------------------------------------
\18\ See Letter from Zhongya Aluminum Company Limited, Guangdong
Zhongya Aluminium Company Limited, Zhongya Shaped Aluminum (HK)
Holding Limited, and Karlton Aluminum Company Ltd. to the
Department, ``Aluminum Extrusions from China: Antidumping (AD) And
Countervailing Duty (CVD) Questionnaires,'' dated November 23, 2015.
\19\ See Letter from Guang Ya Group to the Department, dated
November 25, 2015.
---------------------------------------------------------------------------
Further, pursuant to section 776(b) of the Act, the Department
preliminarily determines that both Jangho and Guang Ya Group/Zhongya/
Xinya failed to cooperate by not acting to the best of their abilities
to comply with the Department's requests for information, and, thus, an
adverse inference is warranted.
Because the Department preliminarily determines that Jangho and
Guang Ya Group/Zhongya/Xinya failed to cooperate by not acting to the
best of their abilities to comply with requests for information, we
have determined that they are not eligible for a separate rate.\20\
Regarding Jangho, the Department preliminarily finds that the record
contains numerous deficiencies because Jangho did not respond to a
supplemental questionnaire issued by the Department; therefore, the
record does not contain the information necessary to make a separate
rate determination. Guang Ya Group/Zhongya/Xinya, on the other hand,
failed to provide a response to the Department's antidumping
questionnaire at all. As such, separate rates are not warranted for
Jangho or Guang Ya Group/Zhonya/Xinya.
---------------------------------------------------------------------------
\20\ See section 776(b) of the Act.
---------------------------------------------------------------------------
PRC-Wide Entity
As the Department preliminarily determines, based on AFA, that
Jangho and Guang Ya Group/Zhongya/Xinya are not eligible for a separate
rate, we determine that both companies are part of the PRC-wide entity.
In addition, 21 companies still subject to these preliminary
results (listed above) are not eligible for separate-rate status
because they did not submit separate-rate applications or
certifications. Two additional companies still under review, Atlas and
Genimex, submitted separate-rate applications that did not demonstrate
eligibility for a separate rate. As a result, the Department
preliminarily finds these 23 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\
---------------------------------------------------------------------------
\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 2013-2014 Final Results, 80 FR at 75063.
---------------------------------------------------------------------------
Methodology
The Department is conducting this review in accordance with section
751(a)(1)(B) of the Act. For a full description of the methodology
underlying our preliminary results, see the Preliminary Decision
Memorandum, dated concurrently with these results and hereby adopted by
this notice. A list of the topics included in the Preliminary Decision
Memorandum is included as an appendix to this notice. The Preliminary
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
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Department of Commerce
building. In addition, parties can obtain a complete version of the
Preliminary Decision Memorandum on the Internet at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic version of the Preliminary Decision
Memorandum are identical in content.
Adjustments for Countervailable Subsidies
Because no mandatory respondent established eligibility for an
adjustment under section 777A(f) of the Act for countervailable
domestic subsidies, for these preliminary results, the Department did
not make an adjustment pursuant to section 777A(f) of the Act for
countervailable domestic subsidies for the separate-rate recipients.
Pursuant to section 772(c)(1)(C) of the Act, the Department made an
adjustment for countervailable export subsidies for the separate-rate
recipients. Specifically, we adjusted the assigned separate rate by
deducting the simple average of the countervailable export subsidies
determined for the individually-examined respondents in the 2013 (i.e.,
most recently completed) countervailing duty administrative review.\23\
---------------------------------------------------------------------------
\23\ See Aluminum Extrusions From the People's Republic of
China: Final Results, and Partial Rescission of Countervailing Duty
Administrative Review; 2013, 80 FR 77325 (December 14, 2015) and
Aluminum Extrusions From the People's Republic of China: Amended
Final Results of Countervailing Duty Administrative Review; 2013, 81
FR 15238 (March 22, 2016), as corrected in Aluminum Extrusions from
the People's Republic of China: Notice of Correction to Amended
Final Results of Countervailing Duty Administrative Review; 2013, 81
FR 31227 (May 18, 2016). See also Preliminary Decision Memorandum
for the calculation of the countervailable export subsidies deducted
from the assigned separate rate.
---------------------------------------------------------------------------
For the PRC-wide entity, since the entity is not currently under
review, its rate is not subject to change.\24\
---------------------------------------------------------------------------
\24\ See Conditional Review of NME Entity Notice, 78 FR at
65970. As the rate for the PRC-wide entity is not subject to change
in the instant review, the adjusted margin we are applying to the
PRC-wide entity in the instant review, 33.18 percent, is net of the
countervailable domestic and export subsidies determined in the
2012-2013 Final Results. See 2012-2013 Final Results, 79 FR at
78787; see also 2013-2014 Final Results, 80 FR at 75063, footnote
27.
---------------------------------------------------------------------------
Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margins exist for the 2014-2015 POR:
------------------------------------------------------------------------
Margin
adjusted for
Weighted- liquidation
Exporter average and cash
dumping margin deposit
(percent) purposes
(percent)
------------------------------------------------------------------------
Allied Maker Limited.................... 86.01 85.94
Birchwoods (Lin'an) Leisure Products 86.01 85.94
Co., Ltd...............................
Changzhou Changzheng Evaporator Co., 86.01 85.94
Ltd....................................
Dongguan Aoda Aluminum Co., Ltd......... 86.01 85.94
JMA (HK) Company Limited................ 86.01 85.94
Kam Kiu Aluminium Products Sdn Bhd \25\. 86.01 85.94
[[Page 38668]]
Metaltek Group Co., Ltd................. 86.01 85.94
Tianjin Jinmao Import & Export Corp., 86.01 85.94
Ltd....................................
------------------------------------------------------------------------
Additionally, the Department preliminarily determines 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.); Atlas Integrated Manufacturing Ltd.; Belton
(Asia) Development Ltd.; Classic & Contemporary Inc.; Danfoss Micro
Channel Heat Exchanger (Jia Xing) Co., Ltd.; Dongguan Golden Tiger
Hardware Industrial Co., Ltd.; Ever Extend Ent. Ltd.; Fenghua Metal
Product Factory; FookShing Metal & Plastic Co. Ltd.; Foshan Golden
Source Aluminum Products Co., Ltd.; Genimex Shanghai, Ltd.; Global
Point Technology (Far East) Limited; Gold Mountain International
Development Limited; Golden Dragon Precise Copper Tube Group, Inc.;
Hebei Xusen Wire Mesh Products Co., Ltd.; Jackson Travel Products Co.,
Ltd.; New Zhongya Aluminum Factory; Shanghai Automobile Air-Conditioner
Accessories Co., Ltd.; Southwest Aluminum (Group) Co., Ltd.; Suzhou
NewHongJi Precision Part Co., Ltd.; Union Aluminum (SIP) Co.; Whirlpool
Canada L.P.; Whirlpool Microwave Products Development Ltd.; and Xin Wei
Aluminum Co. The rate previously established for the PRC-wide entity in
the previous administrative review is 33.28 percent.\26\
---------------------------------------------------------------------------
\25\ 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.
\26\ See 2013-2014 Final Results, 80 FR at 75063.
---------------------------------------------------------------------------
Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of these preliminary results of
review.\27\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the case briefs are
filed.\28\ Parties who submit arguments are requested to submit with
the argument (a) a statement of the issue, (b) a brief summary of the
argument, and (c) a table of authorities.\29\ Parties submitting briefs
should do so pursuant to the Department's electronic filing
requirements.
---------------------------------------------------------------------------
\27\ See 19 CFR 351.309(c)(1)(ii).
\28\ See 19 CFR 351.309(d)(1)-(2).
\29\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\30\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the case and rebuttal briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing to be
held at the U.S. Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.\31\
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\30\ See 19 CFR 351.310(c).
\31\ See 19 CFR 351.310(d).
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Unless extended, the Department intends to issue the final results
of this administrative review, which will include the results of our
analysis of all issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, the Department
will determine, and CBP shall assess, antidumping duties on all
appropriate entries covered by this review.\32\ The Department intends
to issue assessment instructions to CBP 15 days after publication of
the final results of this review.
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\32\ See 19 CFR 351.212(b)(1).
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We intend to instruct CBP to liquidate entries containing subject
merchandise exported by the PRC-wide entity at the PRC-wide rate.
Additionally, if the Department determines that an exporter under
review had no shipments of the subject merchandise, any suspended
entries that entered under that exporter's case number will be
liquidated at the PRC-wide rate.\33\
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\33\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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For the companies for which this review is rescinded, 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). We will instruct CBP accordingly.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties, when imposed, will apply to all shipments of subject
merchandise from the PRC entered, or withdrawn from warehouse, for
consumption on or after the publication of the final results of this
administrative review, as provided by section 751(a)(2)(C) of the Act:
(1) If the companies preliminarily determined to be eligible for a
separate rate receive a separate rate in the final results of this
administrative review, their cash deposit rate will be equal to the
weighted-average dumping margin established in the final results of
this review, as adjusted for domestic and export subsidies (except, if
that rate is de minimis, then the cash deposit rate will be zero); (2)
for any previously investigated or reviewed PRC and non-PRC exporters
that are not under review in this segment of the proceeding but that
received a separate rate in the most recently completed segment of this
proceeding, the cash deposit rate will continue to be the exporter-
specific rate published for the most recently completed segment of this
proceeding; (3) for all PRC exporters of subject merchandise that have
not been found
[[Page 38669]]
to be entitled to a separate rate, the cash deposit rate will be that
for the PRC-wide entity, which is 33.18 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
exporter that supplied that non-PRC exporter.
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\34\ See 2012-2013 Final Results, 79 FR at 78787. This rate is
adjusted for export and domestic subsidies, as appropriate.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing notice of these preliminary results
in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: June 6, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Respondent Selection
4. Rescission of Administrative Review in Part
5. Scope of the Order
6. Affiliation and Collapsing
7. Preliminary Determination of No Shipments
8. Non-Market Economy Country
9. Separate Rates
10. Separate-Rate Recipients
11. Preliminary Determination of Rate for Non-Examined Separate-Rate
Recipients
12. The PRC-Wide Entity
13. Application of Facts Available and Use of Adverse Inference
14. Adjustments for Countervailable Subsidies
15. Conclusion
Appendix II--Companies for Which This Administrative Review Is Being
Rescinded
1. Acro Import and Export Co.
2. Activa International Inc.
3. Alnan Aluminium Co., Ltd.
4. Aluminicaste Fundicion de Mexico
5. Bracalente Metal Products (Suzhou) Co., Ltd.
6. Changshu Changsheng Aluminium Products Co., Ltd.
7. Changzhou Tenglong Auto Parts Co., Ltd.
8. China Zhongwang Holdings, Ltd.
9. Chiping One Stop Industrial & Trade Co., Ltd.
10. Clear Sky Inc.
11. Cosco (J.M.) Aluminium Co., Ltd.
12. Dongguan Dazhan Metal Co., Ltd.
13. Dragonluxe Limited
14. Dynamic Technologies China Ltd.
15. Dynabright Int'l Group (HK) Limited
16. First Union Property Limited
17. Foreign Trade Co. of Suzhou New & High-Tech Industrial
Development Zone
18. Foshan City Nanhai Hongjia Aluminum Alloy Co., Ltd.
19. Foshan Jinlan Aluminum Co., Ltd.
20. Foshan JMA Aluminum Company Limited
21. Foshan Sanshui Fenglu Aluminium Co., Ltd.
22. Foshan Shunde Aoneng Electrical Appliances Co., Ltd.
23. Foshan Yong Li Jian Aluminum Co., Ltd.
24. Fujian Sanchuan Aluminum Co., Ltd.
25. Global PMX Dongguan Co., Ltd.
26. Gran Cabrio Capital Pte. Ltd.
27. Gree Electric Appliances
28. GT88 Capital Pte. Ltd.
29. Guangdong Hao Mei Aluminium Co., Ltd.
30. Guangdong Jianmei Aluminum Profile Company Limited
31. Guangdong JMA Aluminum Profile Factory (Group) Co., Ltd.
32. Guangdong Nanhai Foodstuffs Imp. & Exp. Co., Ltd.
33. Guangdong Weiye Aluminum Factory Co., Ltd.
34. Guangdong Whirlpool Electrical Appliances Co., Ltd.
35. Guangdong Xingfa Aluminium Co., Ltd.
36. Guangdong Xin Wei Aluminum Products Co., Ltd.
37. Guangdong Yonglijian Aluminum Co., Ltd.
38. Guangzhou Mingcan Die-Casting Hardware Products Co., Ltd.
39. Hangzhou Xingyi Metal Products Co., Ltd.
40. Hanwood Enterprises Limited
41. Hanyung Alcoba Co., Ltd.
42. Hanyung Alcobis Co., Ltd.
43. Hanyung Metal (Suzhou) Co., Ltd.
44. Hao Mei Aluminum Co., Ltd.
45. Hao Mei Aluminum International Co., Ltd.
46. Henan New Kelong Electrical Appliances Co., Ltd.
47. Hong Kong Gree Electric Appliances Sales Limited
48. Honsense Development Company
49. Hui Mei Gao Aluminum Foshan Co., Ltd.
50. IDEX Dinglee Technology (Tianjin) Co., Ltd.
51. IDEX Technology Suzhou Co., Ltd.
52. IDEX Health
53. Innovative Aluminium (Hong Kong) Limited
54. iSource Asia
55. Jiangmen Qunxing Hardware Diecasting Co., Ltd.
56. Jiangsu Changfa Refrigeration Co., Ltd.
57. Jiangyin Trust International Inc.
58. Jiangyin Xinhong Doors and Windows Co., Ltd.
59. Jiaxing Jackson Travel Products Co., Ltd.
60. Jiaxing Taixin Metal Products Co., Ltd.
61. Jiuyan Co., Ltd.
62. Justhere Co., Ltd.
63. Kanal Precision Aluminum Product Co., Ltd.
64. Kromet International, Inc.
65. Kunshan Giant Light Metal Technology Co., Ltd.
66. Liaoning Zhongwang Group Co., Ltd.
67. Liaoyang Zhongwang Aluminum Profile Co., Ltd.
68. Longkou Donghai Trade Co., Ltd.
69. Metaltek Metal Industry Co., Ltd.
70. Midea Air Conditioning Equipment Co., Ltd.
71. Midea International Training Co., Ltd./Midea International
Trading Co., Ltd.
72. Miland Luck Limited
73. Nanhai Textiles Import & Export Co., Ltd.
74. New Asia Aluminum & Stainless Steel Product Co., Ltd.
75. Nidec Sankyo (Zhejang) Corporation
76. Nidec Sankyo Singapore Pte. Ltd.
77. Ningbo Coaster International Co., Ltd.
78. Ningbo Hi Tech Reliable Manufacturing Company
79. Ningbo Ivy Daily Commodity Co., Ltd.
80. Ningbo Yili Import and Export Co., Ltd.
81. North China Aluminum Co., Ltd.
82. North Fenghua Aluminum Ltd.
83. Northern States Metals
84. PanAsia Aluminium (China) Limited
85. Pengcheng Aluminum Enterprise Inc.
86. Pingguo Aluminum Company Limited
87. Pingguo Asia Aluminum Co., Ltd.
88. Popular Plastics Co., Ltd.
89. Press Metal International Ltd.
90. Samuel, Son & Co., Ltd.
91. Sanchuan Aluminum Co., Ltd.
92. Shangdong Huasheng Pesticide Machinery Co.
93. Shangdong Nanshan Aluminum Co., Ltd.
94. Shanghai Canghai Aluminum Tube Packaging Co., Ltd.
95. Shanghai Dongsheng Metal
96. Shanghai Shen Hang Imp & Exp Co., Ltd.
97. Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd.
98. Shenyang Yuanda Aluminium Industry Engineering Co., Ltd.
99. Shenzhen Hudson Technology Development Co.
100. Shenzhen Jiuyuan Co., Ltd.
101. Sihui Shi Guo Yao Aluminum Co., Ltd.
102. Sincere Profit Limited
103. Skyline Exhibit Systems (Shanghai) Co., Ltd.
104. Suzhou JRP Import & Export Co., Ltd.
105. TAI-AO Aluminium (Taishan) Co., Ltd.
106. Taizhou Lifeng Manufacturing Co., Ltd.
107. Taizhou United Imp. & Exp. Co., Ltd.
108. tenKsolar (Shanghai) Co., Ltd.
109. Tianjin Ganglv Nonferrous Metal Materials Co., Ltd.
110. Tianjin Ruixin Electric Heat Transmission Technology, Ltd.
111. Tianjin Xiandai Plastic & Aluminum Products Co., Ltd.
112. Tiazhou Lifeng Manufacturing Corporation/Taizhou Lifeng
Manufacturing Corporation, Ltd.
[[Page 38670]]
113. Top-Wok Metal Co., Ltd.
114. Traffic Brick Network, LLC
115. Union Industry (Asia) Co., Ltd.
116. USA Worldwide Door Components (PINGHU) Co., Ltd.
117. Wenzhou Shengbo Decoration & Hardware
118. Whirlpool (Guangdong)
119. WTI Building Products, Ltd.
120. Zahoqing China Square Industry Limited/Zhaoqing China Square
Industry Limited
121. Zhaoqing Asia Aluminum Factory Company Ltd.
122. Zhaoqing China Square Industrial Ltd.
123. Zhejiang Anji Xinxiang Aluminum Co., Ltd.
124. Zhejiang Yongkang Listar Aluminium Industry Co., Ltd.
125. Zhejiang Zhengte Group Co., Ltd.
126. Zhenjiang Xinlong Group Co., Ltd.
127. Zhongshan Daya Hardware Co., Ltd.
128. Zhongshan Gold Mountain Aluminium Factory Ltd.
129. Zhuhai Runxingtai Electrical Equipment Co., Ltd.
[FR Doc. 2016-14046 Filed 6-13-16; 8:45 am]
BILLING CODE 3510-DS-P
