Aluminum Extrusions from the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 51858-51861 [2016-18656]
Download as PDF
<![CDATA[
51858
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Administrative Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return of
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
The Department is issuing and
publishing these final results and notice
in accordance with sections 751(c),
752(c), and 777(i)(1) of the Act and 19
CFR 351.218.
Dated: July 29, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–18673 Filed 8–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–885]
Phosphor Copper From the Republic
of Korea: Postponement of Preliminary
Determination of Antidumping Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Cindy Robinson at (202) 482–3797, AD/
CVD Operations, Enforcement and
Compliance, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD with NOTICES
Background
On April 5, 2016, the Department of
Commerce (the Department) initiated an
antidumping duty investigation of
imports of phosphor copper from the
Republic of Korea.1 The notice of
initiation stated that, in accordance with
section 733(b)(l)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.205(b)(1), we would issue our
preliminary determination no later than
140 days after the date of initiation,
unless postposed. Currently, the
preliminary determination is due no
later than August 16, 2016.
Postponement of Preliminary
Determination
Dated: July 29, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–18544 Filed 8–4–16; 8:45 am]
17:42 Aug 04, 2016
Jkt 238001
PO 00000
Frm 00019
Fmt 4703
Aluminum Extrusions from the
People’s Republic of China: Final
Results of Expedited First Sunset
Review of the Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(the Department) finds that revocation
of the countervailing duty (CVD) order
on aluminum extrusions from the
People’s Republic of China (PRC) would
likely lead to the continuation or
recurrence of a countervailable subsidy
at the levels indicated in the Final
Results of Review section of this notice.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, Office VI, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1121.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2016, the Department
initiated the first sunset review of the
Order 1 on aluminum extrusions from
the PRC, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).2 The Aluminum Extrusions Fair
Trade Committee and its constituent
producers of aluminum extrusions
(Petitioners) filed a timely notice of
intent to participate on April 18, 2016,
in accordance with 19 CFR
351.218(d)(1).3 Petitioners claimed
interested party status under section
771(9)(E) (covering trade and business
associations) and individually under
section 771(9)(C) (covering
manufacturers, producers, and
wholesalers) of the Act, respectively.
The Department received an adequate
substantive response from Petitioners
within the 30-day deadline specified in
19 CFR 351.218(d)(3)(i).4 The
1 See Aluminum Extrusions from the People’s
Republic of China: Countervailing Duty Order, 76
FR 30653 (May 26, 2011) (the Order).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
FR 18829 (April 1, 2016).
3 See Letter from Petitioner to the Department,
‘‘Aluminum Extrusions from the People’s Republic
of China: Notice of Intent to Participate in Review,’’
dated April 18, 2016.
4 See Letter to the Department, ‘‘Aluminum
Extrusions from the People’s Republic of China:
AEFTC’s Substantive Response to the Department’s
1 See Phosphor Copper from the Republic of
Korea: Initiation of Less-Than-Fair-Value
Investigation, 81 FR 19552 (April 5, 2016).
VerDate Sep<11>2014
International Trade Administration
[C–570–968]
Sections 733(c)(1)(B)(i) and (ii) of the
Act permit the Department to postpone
the time limit for the preliminary
determination if it concludes that the
parties concerned are cooperating and
determines that the case is
extraordinarily complicated by reason of
the number and complexity of the
transactions to be investigated or
adjustments to be considered, the
novelty of the issues presented, or the
number of firms whose activities must
be investigated, and additional time is
necessary to make the preliminary
determination. Under this section of the
Act, the Department may postpone the
preliminary determination until no later
than 190 days after the date on which
the Department initiated the
investigation.
The Department determines that the
parties involved in this phosphor
copper investigation are cooperating,
and that the investigation is
extraordinarily complicated. Additional
time is required to analyze the
questionnaire responses and issue
appropriate requests for clarification
and additional information.
Therefore, in accordance with section
733(c)(1)(B) of the Act and 19 CFR
351.205(f)(1), the Department is
postponing the time period for the
preliminary determination of this
investigation by 50 days, to October 5,
2016. Pursuant to section 735(a)(l) of the
Act and 19 CFR 351.210(b)(1), the
deadline for the final determination will
continue to be 75 days after the date of
the preliminary determination, unless
postponed at a later date.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Sfmt 4703
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Department did not receive a
substantive response from the
Government of the PRC or any
respondent interested party to the
proceeding. Because the Department
received no response from any
respondent interested party, the
Department conducted an expedited
review of the Order, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
351.218(e)(l)(ii)(B)(2) and (C)(2).
mstockstill on DSK3G9T082PROD with NOTICES
Scope of the Order
The merchandise covered by the
order{s} is aluminum extrusions which
are shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).
Specifically, the subject merchandise
made from aluminum alloy with an
Aluminum Association series
designation commencing with the
number 1 contains not less than 99
percent aluminum by weight. The
subject merchandise made from
aluminum alloy with an Aluminum
Association series designation
commencing with the number 3
contains manganese as the major
alloying element, with manganese
accounting for not more than 3.0
percent of total materials by weight. The
subject merchandise is made from an
aluminum alloy with an Aluminum
Association series designation
commencing with the number 6
contains magnesium and silicon as the
major alloying elements, with
magnesium accounting for at least 0.1
percent but not more than 2.0 percent of
total materials by weight, and silicon
accounting for at least 0.1 percent but
not more than 3.0 percent of total
materials by weight. The subject
aluminum extrusions are properly
identified by a four-digit alloy series
without either a decimal point or
leading letter. Illustrative examples from
among the approximately 160 registered
alloys that may characterize the subject
merchandise are as follows: 1350, 3003,
and 6060.
Aluminum extrusions are produced
and imported in a wide variety of
shapes and forms, including, but not
limited to, hollow profiles, other solid
profiles, pipes, tubes, bars, and rods.
Aluminum extrusions that are drawn
subsequent to extrusion (drawn
Notice of Initiation of its Five-Year (‘‘Sunset’’)
Review,’’ dated May 2, 2016.
VerDate Sep<11>2014
17:42 Aug 04, 2016
Jkt 238001
aluminum) are also included in the
scope.
Aluminum extrusions are produced
and imported with a variety of finishes
(both coatings and surface treatments),
and types of fabrication. The types of
coatings and treatments applied to
subject aluminum extrusions include,
but are not limited to, extrusions that
are mill finished (i.e., without any
coating or further finishing), brushed,
buffed, polished, anodized (including
brightdip anodized), liquid painted, or
powder coated. Aluminum extrusions
may also be fabricated, i.e., prepared for
assembly. Such operations would
include, but are not limited to,
extrusions that are cut-to-length,
machined, drilled, punched, notched,
bent, stretched, knurled, swedged,
mitered, chamfered, threaded, and spun.
The subject merchandise includes
aluminum extrusions that are finished
(coated, painted, etc.), fabricated, or any
combination thereof. Subject aluminum
extrusions may be described at the time
of importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, window frames, door frames, solar
panels, curtain walls, or furniture. Such
parts that otherwise meet the definition
of aluminum extrusions are included in
the scope. The scope includes the
aluminum extrusion components that
are attached (e.g., by welding or
fasteners) to form subassemblies, i.e.,
partially assembled merchandise unless
imported as part of the finished goods
‘kit’ defined further below. The scope
does not include the non-aluminum
extrusion components of subassemblies
or subject kits.
Subject extrusions may be identified
with reference to their end use, such as
fence posts, electrical conduits, door
thresholds, carpet trim, or heat sinks
(that do not meet the finished heat sink
exclusionary language below). Such
goods are subject merchandise if they
otherwise meet the scope definition,
regardless of whether they are ready for
use at the time of importation. The
following aluminum extrusion products
are excluded: Aluminum extrusions
made from aluminum alloy with an
Aluminum Association series
designations commencing with the
number 2 and containing in excess of
1.5 percent copper by weight; aluminum
extrusions made from aluminum alloy
with an Aluminum Association series
designation commencing with the
number 5 and containing in excess of
1.0 percent magnesium by weight; and
aluminum extrusions made from
aluminum alloy with an Aluminum
Association series designation
commencing with the number 7 and
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
51859
containing in excess of 2.0 percent zinc
by weight.
The scope also excludes finished
merchandise containing aluminum
extrusions as parts that are fully and
permanently assembled and completed
at the time of entry, such as finished
windows with glass, doors with glass or
vinyl, picture frames with glass pane
and backing material, and solar panels.
The scope also excludes finished goods
containing aluminum extrusions that
are entered unassembled in a ‘‘finished
goods kit.’’ A finished goods kit is
understood to mean a packaged
combination of parts that contains, at
the time of importation, all of the
necessary parts to fully assemble a final
finished good and requires no further
finishing or fabrication, such as cutting
or punching, and is assembled ‘‘as is’’
into a finished product. An imported
product will not be considered a
‘‘finished goods kit’’ and therefore
excluded from the scope of the
investigation merely by including
fasteners such as screws, bolts, etc. in
the packaging with an aluminum
extrusion product.
The scope also excludes aluminum
alloy sheet or plates produced by other
than the extrusion process, such as
aluminum products produced by a
method of casting. Cast aluminum
products are properly identified by four
digits with a decimal point between the
third and fourth digit. A letter may also
precede the four digits. The following
Aluminum Association designations are
representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0,
C355.0, 356.0, A356.0, A357.0, 360.0,
366.0, 380.0, A380.0, 413.0, 443.0,
514.0, 518.1, and 712.0. The scope also
excludes pure, unwrought aluminum in
any form. The scope also excludes
collapsible tubular containers composed
of metallic elements corresponding to
alloy code 1080A as designated by the
Aluminum Association where the
tubular container (excluding the nozzle)
meets each of the following dimensional
characteristics: (1) Length of 37
millimeters (‘‘mm’’) or 62 mm, (2) outer
diameter of 11.0 mm or 12.7 mm, and
(3) wall thickness not exceeding 0.13
mm.
Also excluded from the scope of this
order are finished heat sinks. Finished
heat sinks are fabricated heat sinks
made from aluminum extrusions the
design and production of which are
organized around meeting certain
specified thermal performance
requirements and which have been
fully, albeit not necessarily
individually, tested to comply with
such requirements.
E:\FR\FM\05AUN1.SGM
05AUN1
51860
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
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.
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum, which is dated
concurrently with and adopted by this
notice.5 The issues discussed in the
Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of a countervailable
subsidy and the net countervailable
subsidy likely to prevail if the Order
were revoked. Parties can find a
complete discussion of all issues raised
in this expedited sunset review and the
corresponding recommendations in this
public memorandum, which is on file
electronically via the Enforcement and
Compliance 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, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(b)(1) and (3)
of the Act, we determine that revocation
of the Order on aluminum extrusions
from the PRC would be likely to lead to
continuation or recurrence of a net
countervailable subsidy at the rates
listed below: 6
Net
countervailable
subsidy rate
(percent)
Manufacturers/producers/exporters
mstockstill on DSK3G9T082PROD with NOTICES
Dragonluxe Limited ..............................................................................................................................................................................
Foshan Guangcheng Aluminum Co., Ltd., Guang Ya Aluminum Industries Co. Ltd., Guang Ya Aluminum Industries Hong Kong,
and Yongji Guanghai Aluminum Industry Co., Ltd ..........................................................................................................................
Kong Ah International Company Limited ............................................................................................................................................
Karlton Aluminum Company Ltd., Zhaoqing New Zhongya Aluminum Co., Ltd., Zhongya Shaped Aluminum HK Holding Ltd .......
Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning Zhongwang Group ..................................................................................
Miland Luck Limited .............................................................................................................................................................................
All-Others .............................................................................................................................................................................................
5 See Memorandum from Brian Davis, Program
Manager, Office VI, to Gary Taverman, Associate
Deputy Assistant Secretary for Enforcement and
Compliance regarding: ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Sunset Review of the Countervailing Duty Order on
Aluminum Extrusions from the People’s Republic
of China,’’ dated concurrently with and adopted by
this Notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
17:42 Aug 04, 2016
Jkt 238001
6 Id.
7 Kong
Ah Kong Ah International Company
Limited was included among the cross-owned
companies comprising the Gyang Ya Group in the
Final Determination. However, other members of
the Gyang Ya Group were subsequently reviewed as
mandatory respondents as cross-owned affiliates in
the Third (2013) Review, while Kong Ah
International Company Limited was not. Therefore,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
374.15
12.05
7 25.83
20.78
374.15
374.15
23.26
the rates for the additional programs found to be
countervailable for the individually-examined
Guang Ya Group Companies in the Third (2013)
Review are not the rates for Kong Ah International
Company Limited. Rather, for additional programs
found to be countervailable in the Third (2013)
Review, we have used the average of the rates of the
companies individually examined.
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Notices
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
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely 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.
The Department is issuing and
publishing these final results and this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act.
Dated: August 1, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2016–18656 Filed 8–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–947]
Certain Steel Grating From the
People’s Republic of China: Final
Results of the 2014–2015 Antidumping
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: On April 13, 2016, the
Department of Commerce
(‘‘Department’’) published its
Preliminary Results for the July 1, 2014,
through June 30, 2015, administrative
review of certain steel grating (‘‘steel
grating’’) from the People’s Republic of
China (‘‘PRC’’).1 Although invited to do
so, interested parties did not comment
on our Preliminary Results. We have
adopted the Preliminary Results as the
final results.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Lilit
Astvatsatrian, AD/CVD Operations,
Office IV, Enforcement & Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6412.
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
1 See Certain Steel Grating From the People’s
Republic of China: Preliminary Results of
Antidumping Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 21843 (April 13, 2016) (‘‘Preliminary
Results’’).
VerDate Sep<11>2014
17:42 Aug 04, 2016
Jkt 238001
Background
On April 13, 2016, the Department
published its Preliminary Results of the
review of the antidumping duty order
on steel grating from the PRC for Ningbo
Haitian International Co., Ltd. (‘‘Ningbo
Haitian’’) and Yantai Xinke Steel
Structure Co., Ltd. (‘‘Yantai Xinke’’)
covering the period July 1, 2014,
through June 30, 2015 (the period of
review (‘‘POR’’)). No parties commented
on the Preliminary Results.
Scope of the Order
The products covered by this order
are certain steel grating, consisting of
two or more pieces of steel, including
load-bearing pieces and cross pieces,
joined by any assembly process,
regardless of: (1) Size or shape; (2)
method of manufacture; (3) metallurgy
(carbon, alloy, or stainless); (4) the
profile of the bars; and (5) whether or
not they are galvanized, painted, coated,
clad or plated. Steel grating is also
commonly referred to as ‘‘bar grating,’’
although the components may consist of
steel other than bars, such as hot-rolled
sheet, plate, or wire rod.
The scope of this order excludes
expanded metal grating, which is
comprised of a single piece or coil of
sheet or thin plate steel that has been
slit and expanded, and does not involve
welding or joining of multiple pieces of
steel. The scope of this order also
excludes plank type safety grating
which is comprised of a single piece or
coil of sheet or thin plate steel, typically
in thickness of 10 to 18 gauge, that has
been pierced and cold formed, and does
not involve welding or joining of
multiple pieces of steel.
Certain steel grating that is the subject
of this order is currently classifiable in
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
subheading 7308.90.7000. While the
HTSUS subheading is provided for
convenience and customs purposes, the
written description of the scope of this
order is dispositive.
Analysis
In the Preliminary Results, the
Department determined that Ningbo
Haitian was not eligible for separate rate
status and was therefore part of the PRCwide entity and that Yantai Xinke did
not have reviewable transactions during
the POR.2 No parties commented on the
Preliminary Results. Therefore, for these
final results of review, we have
continued to treat Ningbo Haitian as
part of the PRC-wide entity and
continued to find that Yantai Xinke did
not have reviewable transactions during
2 See
PO 00000
Preliminary Results, at 21845.
Frm 00022
Fmt 4703
Sfmt 4703
51861
the POR. We are adopting the
Preliminary Decision Memorandum for
these final results of review.3 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 in the
Central Records Unit, Room B8024 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Results
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and U.S.
Customs and Border Protection (‘‘CBP’’)
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. The Department
intends to instruct CBP to liquidate any
entries of subject merchandise from
Ningbo Haitian at 145.18 percent (the
PRC-wide rate).
Additionally, pursuant to the
Department’s practice in non-market
economy cases, given that we have
continued to find that Yantai Xinke had
no shipments of subject merchandise
during the POR, any suspended entries
of subject merchandise from Yantai
Xinke will be liquidated at the PRCwide rate.4
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided by section 751(a)(2)(C) of the
Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters,
which are not under review in this
3 See Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review of Certain Steel Grating from the People’s
Republic of China (‘‘Preliminary Decision
Memorandum’’), from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance.
4 For a full discussion of this practice, see NME
AD Assessment, 76 FR 65694 (October 24, 2011).
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Notices]
[Pages 51858-51861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18656]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-968]
Aluminum Extrusions from the People's Republic of China: Final
Results of Expedited First Sunset Review of the Countervailing Duty
Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce (the Department) finds that
revocation of the countervailing duty (CVD) order on aluminum
extrusions from the People's Republic of China (PRC) would likely lead
to the continuation or recurrence of a countervailable subsidy at the
levels indicated in the Final Results of Review section of this notice.
DATES: Effective August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, Office VI, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1121.
SUPPLEMENTARY INFORMATION:
Background
On April 1, 2016, the Department initiated the first sunset review
of the Order \1\ on aluminum extrusions from the PRC, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The
Aluminum Extrusions Fair Trade Committee and its constituent producers
of aluminum extrusions (Petitioners) filed a timely notice of intent to
participate on April 18, 2016, in accordance with 19 CFR
351.218(d)(1).\3\ Petitioners claimed interested party status under
section 771(9)(E) (covering trade and business associations) and
individually under section 771(9)(C) (covering manufacturers,
producers, and wholesalers) of the Act, respectively.
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (the Order).
\2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 18829
(April 1, 2016).
\3\ See Letter from Petitioner to the Department, ``Aluminum
Extrusions from the People's Republic of China: Notice of Intent to
Participate in Review,'' dated April 18, 2016.
---------------------------------------------------------------------------
The Department received an adequate substantive response from
Petitioners within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\4\ The
[[Page 51859]]
Department did not receive a substantive response from the Government
of the PRC or any respondent interested party to the proceeding.
Because the Department received no response from any respondent
interested party, the Department conducted an expedited review of the
Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(l)(ii)(B)(2) and (C)(2).
---------------------------------------------------------------------------
\4\ See Letter to the Department, ``Aluminum Extrusions from the
People's Republic of China: AEFTC's Substantive Response to the
Department's Notice of Initiation of its Five-Year (``Sunset'')
Review,'' dated May 2, 2016.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order{s{time} is aluminum
extrusions which are shapes and forms, produced by an extrusion
process, made from aluminum alloys having metallic elements
corresponding to the alloy series designations published by The
Aluminum Association commencing with the numbers 1, 3, and 6 (or
proprietary equivalents or other certifying body equivalents).
Specifically, the subject merchandise made from aluminum alloy with an
Aluminum Association series designation commencing with the number 1
contains not less than 99 percent aluminum by weight. The subject
merchandise made from aluminum alloy with an Aluminum Association
series designation commencing with the number 3 contains manganese as
the major alloying element, with manganese accounting for not more than
3.0 percent of total materials by weight. The subject merchandise is
made from an aluminum alloy with an Aluminum Association series
designation commencing with the number 6 contains magnesium and silicon
as the major alloying elements, with magnesium accounting for at least
0.1 percent but not more than 2.0 percent of total materials by weight,
and silicon accounting for at least 0.1 percent but not more than 3.0
percent of total materials by weight. The subject aluminum extrusions
are properly identified by a four-digit alloy series without either a
decimal point or leading letter. Illustrative examples from among the
approximately 160 registered alloys that may characterize the subject
merchandise are as follows: 1350, 3003, and 6060.
Aluminum extrusions are produced and imported in a wide variety of
shapes and forms, including, but not limited to, hollow profiles, other
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that
are drawn subsequent to extrusion (drawn aluminum) are also included in
the scope.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
aluminum extrusions include, but are not limited to, extrusions that
are mill finished (i.e., without any coating or further finishing),
brushed, buffed, polished, anodized (including brightdip anodized),
liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would include,
but are not limited to, extrusions that are cut-to-length, machined,
drilled, punched, notched, bent, stretched, knurled, swedged, mitered,
chamfered, threaded, and spun. The subject merchandise includes
aluminum extrusions that are finished (coated, painted, etc.),
fabricated, or any combination thereof. Subject aluminum extrusions may
be described at the time of importation as parts for final finished
products that are assembled after importation, including, but not
limited to, window frames, door frames, solar panels, curtain walls, or
furniture. Such parts that otherwise meet the definition of aluminum
extrusions are included in the scope. The scope includes the aluminum
extrusion components that are attached (e.g., by welding or fasteners)
to form subassemblies, i.e., partially assembled merchandise unless
imported as part of the finished goods `kit' defined further below. The
scope does not include the non-aluminum extrusion components of
subassemblies or subject kits.
Subject extrusions may be identified with reference to their end
use, such as fence posts, electrical conduits, door thresholds, carpet
trim, or heat sinks (that do not meet the finished heat sink
exclusionary language below). Such goods are subject merchandise if
they otherwise meet the scope definition, regardless of whether they
are ready for use at the time of importation. The following aluminum
extrusion products are excluded: Aluminum extrusions made from aluminum
alloy with an Aluminum Association series designations commencing with
the number 2 and containing in excess of 1.5 percent copper by weight;
aluminum extrusions made from aluminum alloy with an Aluminum
Association series designation commencing with the number 5 and
containing in excess of 1.0 percent magnesium by weight; and aluminum
extrusions made from aluminum alloy with an Aluminum Association series
designation commencing with the number 7 and containing in excess of
2.0 percent zinc by weight.
The scope also excludes finished merchandise containing aluminum
extrusions as parts that are fully and permanently assembled and
completed at the time of entry, such as finished windows with glass,
doors with glass or vinyl, picture frames with glass pane and backing
material, and solar panels. The scope also excludes finished goods
containing aluminum extrusions that are entered unassembled in a
``finished goods kit.'' A finished goods kit is understood to mean a
packaged combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a final
finished good and requires no further finishing or fabrication, such as
cutting or punching, and is assembled ``as is'' into a finished
product. An imported product will not be considered a ``finished goods
kit'' and therefore excluded from the scope of the investigation merely
by including fasteners such as screws, bolts, etc. in the packaging
with an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced by
other than the extrusion process, such as aluminum products produced by
a method of casting. Cast aluminum products are properly identified by
four digits with a decimal point between the third and fourth digit. A
letter may also precede the four digits. The following Aluminum
Association designations are representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0,
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The
scope also excludes pure, unwrought aluminum in any form. The scope
also excludes collapsible tubular containers composed of metallic
elements corresponding to alloy code 1080A as designated by the
Aluminum Association where the tubular container (excluding the nozzle)
meets each of the following dimensional characteristics: (1) Length of
37 millimeters (``mm'') or 62 mm, (2) outer diameter of 11.0 mm or 12.7
mm, and (3) wall thickness not exceeding 0.13 mm.
Also excluded from the scope of this order are finished heat sinks.
Finished heat sinks are fabricated heat sinks made from aluminum
extrusions the design and production of which are organized around
meeting certain specified thermal performance requirements and which
have been fully, albeit not necessarily individually, tested to comply
with such requirements.
[[Page 51860]]
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff 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.
Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, which is dated concurrently with and adopted by
this notice.\5\ The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the Order were revoked. Parties can find a complete
discussion of all issues raised in this expedited sunset review and the
corresponding recommendations in this public memorandum, which is on
file electronically via the Enforcement and Compliance 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, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\5\ See Memorandum from Brian Davis, Program Manager, Office VI,
to Gary Taverman, Associate Deputy Assistant Secretary for
Enforcement and Compliance regarding: ``Issues and Decision
Memorandum for the Final Results of the Expedited Sunset Review of
the Countervailing Duty Order on Aluminum Extrusions from the
People's Republic of China,'' dated concurrently with and adopted by
this Notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Final Results of Review
Pursuant to sections 752(b)(1) and (3) of the Act, we determine
that revocation of the Order on aluminum extrusions from the PRC would
be likely to lead to continuation or recurrence of a net
countervailable subsidy at the rates listed below: \6\
---------------------------------------------------------------------------
\6\ Id.
\7\ Kong Ah Kong Ah International Company Limited was included
among the cross-owned companies comprising the Gyang Ya Group in the
Final Determination. However, other members of the Gyang Ya Group
were subsequently reviewed as mandatory respondents as cross-owned
affiliates in the Third (2013) Review, while Kong Ah International
Company Limited was not. Therefore, the rates for the additional
programs found to be countervailable for the individually-examined
Guang Ya Group Companies in the Third (2013) Review are not the
rates for Kong Ah International Company Limited. Rather, for
additional programs found to be countervailable in the Third (2013)
Review, we have used the average of the rates of the companies
individually examined.
------------------------------------------------------------------------
Net
countervailable
Manufacturers/producers/exporters subsidy rate
(percent)
------------------------------------------------------------------------
Dragonluxe Limited..................................... 374.15
Foshan Guangcheng Aluminum Co., Ltd., Guang Ya Aluminum 12.05
Industries Co. Ltd., Guang Ya Aluminum Industries Hong
Kong, and Yongji Guanghai Aluminum Industry Co., Ltd..
Kong Ah International Company Limited.................. \7\ 25.83
Karlton Aluminum Company Ltd., Zhaoqing New Zhongya 20.78
Aluminum Co., Ltd., Zhongya Shaped Aluminum HK Holding
Ltd...................................................
Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning 374.15
Zhongwang Group.......................................
Miland Luck Limited.................................... 374.15
All-Others............................................. 23.26
------------------------------------------------------------------------
[[Page 51861]]
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 return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
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.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(b), and 777(i)(1)
of the Act.
Dated: August 1, 2016.
Gary Taverman,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2016-18656 Filed 8-4-16; 8:45 am]
BILLING CODE 3510-DS-P
