Aluminum Extrusions From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Intent To Rescind Minor Alterations Anti-Circumvention Inquiry, 79444-79446 [2016-27346]
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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
composition (expressed in weight
percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.20,
• Manganese 1.20–1.60,
• Nickel not greater than 1.0,
• Sulfur not greater than 0.007,
• Phosphorus not greater than 0.020,
• Chromium 1.0–2.5,
• Molybdenum 0.35–0.80,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all
parts of the product including mid thickness
falling within one of the following ranges:
(i) 270–300 HBW,
(ii) 290–320 HBW, or
(iii) 320–350HBW;
(c) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
Ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.15,
• Manganese 1.20–1.50,
• Nickel not greater than 0.4,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.20–1.50,
• Molybdenum 0.35–0.55,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical
properties:
(i) With a Brinell hardness not more than
237 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 75ksi min and UTS 95ksi
or more, Elongation of 18% or more and
Reduction of area 35% or more; having
charpy V at ¥75 degrees F in the
longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE
MR01–75; or
(ii) With a Brinell hardness not less than
240 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
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acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301;
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
At the time of the filing of the petition,
there was an existing antidumping duty order
on certain cut-to-length carbon-quality steel
plate products from Korea. See Notice of
Final Determination of Sales at Less Than
Fair Value: Certain Cut-To-Length CarbonQuality Steel Plate Products from Korea, 64
FR 73,196 (Dep’t Commerce Dec. 29, 1999),
as amended, 65 FR 6,585 (Dep’t Commerce
Feb 10, 2000) (1999 Korea AD Order). The
scope of the antidumping duty investigation
with regard to cut-to-length plate from Korea
covers only (1) subject cut-to-length plate not
within the physical description of cut-tolength carbon quality steel plate in the 1999
Korea AD Order, regardless of producer or
exporter; and (2) cut-to-length plate produced
and/or exported by those companies that
were excluded or revoked from the 1999
Korea AD Order as of April 8, 2016. The only
revoked or excluded company is Pohang Iron
and Steel Company, also known as POSCO.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
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7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive
Appendix II—List of Topics
Discussed in the Preliminary Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Preliminary Determination of Critical
Circumstances
5. Postponement of Final Determination and
Extension of Provisional Measures
6. Scope Comments
7. Affiliation and Collapsing
8. Discussion of the Methodology
a. Determination of Comparison Method
b. Results of the Differential Pricing
Analysis
9. Date of Sale
10. Product Comparisons
11. Export Price/Constructed Export Price
12. Normal Value
a. Home Market Viability
b. Level of Trade
c. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
d. Calculation of NV Based on ComparisonMarket Prices
13. Currency Conversion
14. Conclusion
[FR Doc. 2016–27311 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967, C–570–968]
Aluminum Extrusions From the
People’s Republic of China:
Affirmative Preliminary Determination
of Circumvention of the Antidumping
and Countervailing Duty Orders and
Intent To Rescind Minor Alterations
Anti-Circumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
The Department of Commerce
(the Department) preliminarily
determines that heat-treated extruded
aluminum products that meet the
chemical specifications for 5050-grade
aluminum alloy, regardless of producer,
exporter, or importer, constitute laterdeveloped merchandise, and are
circumventing the antidumping (AD)
and countervailing duty (CVD) orders
on aluminum extrusions from the
People’s Republic of China (PRC). The
Department also preliminarily intends
to rescind its minor alterations anticircumvention.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone: (202) 482–4947 or (202) 482–
0167, respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
Based on a request from Aluminum
Extrusions Fair Trade Committee
(Petitioner),1 on March 21, 2016, the
Department initiated its anticircumvention inquiry 2 pursuant to
sections 781(c) and (d) of the Tariff Act
of 1930, as amended (the Act) to
determine whether extruded aluminum
products that meet the chemical
specifications for 5050-grade aluminum
alloy, which are heat-treated, and are
exported by China Zhongwang Holdings
Ltd. and its affiliates (collectively,
Zhongwang), are circumventing the AD
and CVD orders on aluminum
extrusions from the PRC.3 We also
indicated in our Initiation Notice that
we intended to consider whether the
inquiry should apply to all such imports
of extruded aluminum products,
regardless of producer, exporter, or
importer, from the PRC. During the
course of the proceeding, the
Department issued a questionnaire to
Zhongwang, who did not respond, and
also received additional factual
information and comments from
1 See Letter to the Secretary from Petitioner,
‘‘Aluminum Extrusions from the People’s Republic
of China: Resubmission of Circumvention Inquiry
Request Pursuant to the Department’s Request,’’
dated December 30, 2015.
2 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiry, 81 FR 15039 (March 21, 2016) (Initiation
Notice).
3 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) and Aluminum Extrusions
from the People’s Republic of China: Countervailing
Duty Order, 76 FR 30653 (May 26, 2011)
(collectively, the Orders).
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Petitioner and Endura Products Inc., a
domestic interested party.
Scope of the Orders
The merchandise covered by the
Orders are aluminum extrusions from
the People’s Republic of China. The
merchandise subject to the orders are
currently classifiable in the Harmonized
Tariff Schedule of the United States
(HTSUS): 8481.90.9060, 8481.90.9085,
9031.90.9195, 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,
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79445
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.
Products subject to these orders may
also enter under HTSUS: 7610.10,
7610.90, 7615.19, 7615.20, and 7616.99
as well as under other HTSUS chapters.
Subject merchandise may also enter
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 these
Orders is dispositive.4
Merchandise Subject to the AntiCircumvention Inquiry
The products covered by this inquiry
are heat-treated extruded aluminum
products that meet the chemical
specifications for 5050-grade aluminum
alloy (inquiry merchandise), regardless
of producer, exporter, or importer, from
the PRC.
Methodology
The Department has conducted this
circumvention inquiry in accordance
with section 781(d) of the Act and 19
CFR 351.225(j). For a full description of
the methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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 is
available to all parties in the Central
Records Unit, room B8024 of the main
Department of Commerce building. In
addition, the signed Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Preliminary
Decision Memorandum are identical in
content. A list of topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
Affirmative Preliminary Determination
of Circumvention
Based on our analysis, as detailed in
the Preliminary Decision Memorandum,
4 A full description of the scope of the Orders is
contained in the memorandum to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled ‘‘AntiCircumvention Inquiry Regarding the Antidumping
Duty and Countervailing Duty Orders on Aluminum
Extrusions from the People’s Republic of China:
Preliminary Determination Decision Memorandum’’
(Preliminary Decision Memorandum), dated
concurrently with, and adopted by, this notice.
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Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
we preliminarily find that all imports
from the PRC of heat-treated extruded
aluminum products that meet the
chemical specifications for 5050-grade
aluminum alloy, regardless of producer,
exporter, or importer, constitute laterdeveloped merchandise that is
circumventing, and should be included
within, the scope of the Orders.5 In
addition, if in our final determination
we affirm our preliminary
determination pursuant to section
781(d) of the Act, the Department
intends to rescind its minor alterations
anti-circumvention inquiry pursuant to
section 781(c) of the Act.
Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(2), the Department will direct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of inquiry
merchandise from the PRC (regardless of
producer, exporter, or importer),
entered, or withdrawn from warehouse,
for consumption, on or after March 21,
2016, the date of publication of the
initiation of this inquiry. The
Department will also instruct CBP to
require a cash deposit of estimated
duties at the rate applicable to the
exporter, on all unliquidated entries of
inquiry merchandise entered, or
withdrawn from warehouse, for
consumption on or after March 21,
2016.
Intent To Consider Certification
Requirement
In light of the Department’s
preliminary finding of circumvention,
the Department intends to consider
whether to require importers of certain
aluminum extrusions who claim their
merchandise is not subject to the Orders
to maintain a certification certifying that
their aluminum extrusions were not
produced from heat-treated 5050 grade
aluminum alloy. The Department
intends to invite comments on this
issue.
mstockstill on DSK3G9T082PROD with NOTICES
Notification to the International Trade
Commission
As discussed in the Preliminary
Decision Memorandum, because the
Department has preliminarily
determined, for purposes of sections
781(d)(1) and (e) of the Act, that the
inquiry merchandise does not
incorporate a significant technological
advance or significant alteration of an
earlier product, the Department is not
notifying the ITC of its preliminary
determination.
5 See section 781(d) of the Act and 19 CFR
351.225(i).
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17:26 Nov 10, 2016
Jkt 241001
Public Comment
The Department may solicit new
factual information in this inquiry.
Additionally, should a party seek to
submit new factual information, the
Department intends to consider requests
to accept new factual information on a
case-by-case basis.
The Department will invite comments
on this preliminary determination and
issue a memorandum establishing a
briefing schedule. Interested parties may
submit case briefs and rebuttal briefs
within the designated timeframe
outlined in the memorandum. Rebuttals
to case briefs are limited to issues raised
in the case briefs. Parties who submit
case or rebuttal briefs 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. Parties submitting
briefs should do so using the
Department’s electronic filing system,
ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using ACCESS. A written
request for a hearing must be received
successfully in its entirety by the
Department’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.6 Hearing
requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues parties intend to present at
the hearing. If a request for a hearing is
made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.
Final Determination
Pursuant to section 781(f) of the Act,
the final determination with respect to
this anti-circumvention inquiry,
including the results of the
Department’s analysis of any written
comments, will be issued no later than
January 9, 2017, unless extended.7
This preliminary affirmative anticircumvention determination is
published in accordance with section
781(d) of the Act and 19 CFR 351.225.
6 See
19 CFR 351.310(c).
date reflect the next business day after the
300 day deadline of January 8, 2017. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
7 This
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Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the AntiCircumvention Inquiry
V. Later-Developed Merchandise AntiCircumvention Inquiry
VI. Use of Facts Available with an Adverse
Inference
VII. Analysis
A. Commercial Availability
B. Same General Physical Characteristics
C. Expectations of the Ultimate Purchasers
and Use of Merchandise
D. Advertisement, Display, and Channels
of Trade
E. Additional Analysis
VIII. Preliminary Determination
IX. Intent to Rescind Minor Alterations AntiCircumvention Inquiry
X. Intent To Consider Certification
Requirement
XI. Recommendation
[FR Doc. 2016–27346 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-toLength Plate From the Federal
Republic of Germany: Preliminary
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain carbon and alloy
steel cut-to-length plate (CTL plate)
from the Federal Republic of Germany
(Germany) is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is April 1, 2015,
through March 31, 2016. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
Effective November 14, 2016.
Ross
Belliveau or David J. Goldberger, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
DATES:
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79444-79446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27346]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China:
Affirmative Preliminary Determination of Circumvention of the
Antidumping and Countervailing Duty Orders and Intent To Rescind Minor
Alterations Anti-Circumvention Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 79445]]
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that heat-treated extruded aluminum products that meet the
chemical specifications for 5050-grade aluminum alloy, regardless of
producer, exporter, or importer, constitute later-developed
merchandise, and are circumventing the antidumping (AD) and
countervailing duty (CVD) orders on aluminum extrusions from the
People's Republic of China (PRC). The Department also preliminarily
intends to rescind its minor alterations anti-circumvention.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482-
4947 or (202) 482-0167, respectively.
SUPPLEMENTARY INFORMATION:
Background
Based on a request from Aluminum Extrusions Fair Trade Committee
(Petitioner),\1\ on March 21, 2016, the Department initiated its anti-
circumvention inquiry \2\ pursuant to sections 781(c) and (d) of the
Tariff Act of 1930, as amended (the Act) to determine whether extruded
aluminum products that meet the chemical specifications for 5050-grade
aluminum alloy, which are heat-treated, and are exported by China
Zhongwang Holdings Ltd. and its affiliates (collectively, Zhongwang),
are circumventing the AD and CVD orders on aluminum extrusions from the
PRC.\3\ We also indicated in our Initiation Notice that we intended to
consider whether the inquiry should apply to all such imports of
extruded aluminum products, regardless of producer, exporter, or
importer, from the PRC. During the course of the proceeding, the
Department issued a questionnaire to Zhongwang, who did not respond,
and also received additional factual information and comments from
Petitioner and Endura Products Inc., a domestic interested party.
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\1\ See Letter to the Secretary from Petitioner, ``Aluminum
Extrusions from the People's Republic of China: Resubmission of
Circumvention Inquiry Request Pursuant to the Department's
Request,'' dated December 30, 2015.
\2\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21,
2016) (Initiation Notice).
\3\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) and Aluminum
Extrusions from the People's Republic of China: Countervailing Duty
Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders).
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Scope of the Orders
The merchandise covered by the Orders are aluminum extrusions from
the People's Republic of China. The merchandise subject to the orders
are currently classifiable in the Harmonized Tariff Schedule of the
United States (HTSUS): 8481.90.9060, 8481.90.9085, 9031.90.9195,
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.
Products subject to these orders may also enter under HTSUS:
7610.10, 7610.90, 7615.19, 7615.20, and 7616.99 as well as under other
HTSUS chapters. Subject merchandise may also enter 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 these Orders is dispositive.\4\
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\4\ A full description of the scope of the Orders is contained
in the memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, titled
``Anti-Circumvention Inquiry Regarding the Antidumping Duty and
Countervailing Duty Orders on Aluminum Extrusions from the People's
Republic of China: Preliminary Determination Decision Memorandum''
(Preliminary Decision Memorandum), dated concurrently with, and
adopted by, this notice.
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Merchandise Subject to the Anti-Circumvention Inquiry
The products covered by this inquiry are heat-treated extruded
aluminum products that meet the chemical specifications for 5050-grade
aluminum alloy (inquiry merchandise), regardless of producer, exporter,
or importer, from the PRC.
Methodology
The Department has conducted this circumvention inquiry in
accordance with section 781(d) of the Act and 19 CFR 351.225(j). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. 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 is available to all parties in the Central
Records Unit, room B8024 of the main Department of Commerce building.
In addition, the signed Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of topics discussed in the Preliminary
Decision Memorandum is attached as an Appendix to this notice.
Affirmative Preliminary Determination of Circumvention
Based on our analysis, as detailed in the Preliminary Decision
Memorandum,
[[Page 79446]]
we preliminarily find that all imports from the PRC of heat-treated
extruded aluminum products that meet the chemical specifications for
5050-grade aluminum alloy, regardless of producer, exporter, or
importer, constitute later-developed merchandise that is circumventing,
and should be included within, the scope of the Orders.\5\ In addition,
if in our final determination we affirm our preliminary determination
pursuant to section 781(d) of the Act, the Department intends to
rescind its minor alterations anti-circumvention inquiry pursuant to
section 781(c) of the Act.
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\5\ See section 781(d) of the Act and 19 CFR 351.225(i).
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Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(2), the Department will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of
inquiry merchandise from the PRC (regardless of producer, exporter, or
importer), entered, or withdrawn from warehouse, for consumption, on or
after March 21, 2016, the date of publication of the initiation of this
inquiry. The Department will also instruct CBP to require a cash
deposit of estimated duties at the rate applicable to the exporter, on
all unliquidated entries of inquiry merchandise entered, or withdrawn
from warehouse, for consumption on or after March 21, 2016.
Intent To Consider Certification Requirement
In light of the Department's preliminary finding of circumvention,
the Department intends to consider whether to require importers of
certain aluminum extrusions who claim their merchandise is not subject
to the Orders to maintain a certification certifying that their
aluminum extrusions were not produced from heat-treated 5050 grade
aluminum alloy. The Department intends to invite comments on this
issue.
Notification to the International Trade Commission
As discussed in the Preliminary Decision Memorandum, because the
Department has preliminarily determined, for purposes of sections
781(d)(1) and (e) of the Act, that the inquiry merchandise does not
incorporate a significant technological advance or significant
alteration of an earlier product, the Department is not notifying the
ITC of its preliminary determination.
Public Comment
The Department may solicit new factual information in this inquiry.
Additionally, should a party seek to submit new factual information,
the Department intends to consider requests to accept new factual
information on a case-by-case basis.
The Department will invite comments on this preliminary
determination and issue a memorandum establishing a briefing schedule.
Interested parties may submit case briefs and rebuttal briefs within
the designated timeframe outlined in the memorandum. Rebuttals to case
briefs are limited to issues raised in the case briefs. Parties who
submit case or rebuttal briefs 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. Parties submitting briefs
should do so using the Department's electronic filing system, ACCESS.
Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
ACCESS. A written request for a hearing must be received successfully
in its entirety by the Department's electronic records system, ACCESS,
by 5:00 p.m. Eastern Time, within 30 days after the date of publication
of this notice.\6\ Hearing requests should contain the party's name,
address, and telephone number, the number of participants, and a list
of the issues parties intend to present at the hearing. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time and location to be determined.
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\6\ See 19 CFR 351.310(c).
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Final Determination
Pursuant to section 781(f) of the Act, the final determination with
respect to this anti-circumvention inquiry, including the results of
the Department's analysis of any written comments, will be issued no
later than January 9, 2017, unless extended.\7\
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\7\ This date reflect the next business day after the 300 day
deadline of January 8, 2017. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
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This preliminary affirmative anti-circumvention determination is
published in accordance with section 781(d) of the Act and 19 CFR
351.225.
Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Later-Developed Merchandise Anti-Circumvention Inquiry
VI. Use of Facts Available with an Adverse Inference
VII. Analysis
A. Commercial Availability
B. Same General Physical Characteristics
C. Expectations of the Ultimate Purchasers and Use of
Merchandise
D. Advertisement, Display, and Channels of Trade
E. Additional Analysis
VIII. Preliminary Determination
IX. Intent to Rescind Minor Alterations Anti-Circumvention Inquiry
X. Intent To Consider Certification Requirement
XI. Recommendation
[FR Doc. 2016-27346 Filed 11-10-16; 8:45 am]
BILLING CODE 3510-DS-P
