Aluminum Extrusions From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Rescission of Minor Alterations Anti-Circumvention Inquiry, 34630-34632 [2017-15683]
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
• Is not co-venturing with another
entity; and
• The entity or its members will not
be receiving any direct or indirect
benefits pursuant to Low Income
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If there are two or more applications
that have the same score and both
cannot be funded, a lottery in
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will be used to break the tie. If
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Rural Development will notify all
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have been accepted or rejected and
provide appeal rights under 7 CFR part
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E. Federal Award Administration
Information
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Loan applicants must submit their
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2. Administrative and National Policy
All Farm Labor Housing loans and
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mstockstill on DSK30JT082PROD with NOTICES
3. Reporting
Borrowers must maintain separate
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and the borrower to discuss the
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17:49 Jul 25, 2017
Jkt 241001
project audit, or verification of accounts
on Form RD 3560–10, ‘‘Borrower
Balance Sheet,’’ together with an
accompanying Form RD 3560–7,
‘‘Multiple Family Housing Project
Budget Utility Allowance,’’ must
allocate revenue and expense between
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component.
F. Equal Opportunity and NonDiscrimination Requirements
In accordance with Federal civil
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Additionally, program information may
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To file a program discrimination
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Exceptions to Including the Full
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Dated: July 18, 2017.
Rich A. Davis,
Acting Administrator, Rural Housing Service.
[FR Doc. 2017–15626 Filed 7–25–17; 8:45 am]
BILLING CODE 3410–XV–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967, C–570–968]
Aluminum Extrusions From the
People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders and
Rescission of Minor Alterations AntiCircumvention Inquiry
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that heattreated 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 rescinds its minor
alterations anti-circumvention inquiry.
DATES: Effective July 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4947 or (202) 482–0167,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 21, 2016, the Department
published its notice of initiation of this
anti-circumvention inquiry.1 The
Department published the Preliminary
1 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiry, 81 FR 15039 (March 21, 2016) (Initiation
Notice).
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
Determination of the anti-circumvention
inquiry of aluminum extrusions from
the PRC on November 14, 2016.2
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document,
and is on file electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly 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.
mstockstill on DSK30JT082PROD with NOTICES
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): 6603.90.8100, 7616.99.51,
8479.89.94, 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,
2 See Aluminum Extrusions from the People’s
Republic of China: Initiation of Anti-Circumvention
Inquiry: Affirmative Preliminary Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders and Intent To Rescind
Minor Alterations Anti-Circumvention Inquiry, 81
FR 79444 (November 14, 2016) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum. See also 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).
3 See Memorandum re: Anti-Circumvention
Inquiry Regarding the Antidumping Duty and
Countervailing Duty Orders on Aluminum
Extrusions from the People’s Republic of China:
Issues and Decision Memorandum (Issues and
Decision Memorandum), dated concurrently with
this determination and hereby adopted by this
notice.
VerDate Sep<11>2014
17:49 Jul 25, 2017
Jkt 241001
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
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
4 For a complete description of the scope of the
Orders, see the ‘‘Scope of the Orders,’’ in Issues and
Decision Memorandum.
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34631
parties in this inquiry are addressed in
the Issues and Decision Memorandum.
A list of these issues is attached in the
Appendix to this notice.
Final Affirmative Determination of
Circumvention
In accordance with 781(d) of the
Tariff Act of 1930, as amended (the Act),
we continue to 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
Rescission of Minor Alterations AntiCircumvention Inquiry
In light of the Department’s final
affirmative determination of
circumvention pursuant to section
781(d) of the Act, the Department
rescinds its minor alterations anticircumvention 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 continue 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, until
appropriate liquidation instructions are
issued.6 The Department will also
instruct CBP to continue 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.
Certification Requirement
In light of the Department’s
preliminary finding of circumvention,
the Department considered whether to
require importers of certain aluminum
extrusions who claim the imported
merchandise is not subject to the Orders
to certify that the aluminum extrusions
were not produced from heat-treated
5050-grade aluminum alloy. Based on
the Department’s analysis of comments
received, the Department will not
5 See section 781(d) of the Act and 19 CFR
351.225(j).
6 See Initiation Notice.
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Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
require importers to maintain a
certification at this time.7
Notification to the International Trade
Commission
As discussed in the Issues and
Decision Memorandum, because the
Department has determined, for
purposes of sections 781(d)(1) and (e) of
the Act, that the later-developed inquiry
merchandise does not incorporate a
significant technological advance or
significant alteration of an earlier
product, the Department did not notify
the International Trade Commission of
its proposed inclusion of the inquiry
merchandise within the Orders.
This affirmative anti-circumvention
determination is published in
accordance with section 781(d) of the
Act and 19 CFR 351.225.
Dated: July 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the AntiCircumvention Inquiry
V. Discussion of the Issues
1. The Department’s Authority To Conduct
an Anti-Circumvention Inquiry
2. Later-Developed Merchandise and
Commercial Availability
3. Scope Exclusion
4. Country-Wide Ruling
5. Certification Requirement
6. Effective Cash Deposit Date
VI. Rescission of Minor Alterations AntiCircumvention Inquiry
VII. Recommendation
[FR Doc. 2017–15683 Filed 7–25–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
mstockstill on DSK30JT082PROD with NOTICES
RIN 0648–XF535
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Gary Paxton
Industrial Park Dock Modification
Project
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
7 See Issues and Decision Memorandum, at
Comment 4, for further detail.
VerDate Sep<11>2014
17:49 Jul 25, 2017
Jkt 241001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed incidental harassment
authorization; request for comments.
NMFS has received a request
from the City and Borough of Sitka
(CBS) for authorization to take marine
mammals incidental to modifying the
Gary Paxton Industrial Park (GPIP) dock
in Sawmill Cove, Alaska. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities.
DATES: Comments and information must
be received no later than August 25,
2017.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Daly@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the applications
and supporting documents, as well as a
list of the references cited in this
document, may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
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Fmt 4703
Sfmt 4703
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
NMFS has defined ‘‘unmitigable
adverse impact’’ in 50 CFR 216.103 as
an impact resulting from the specified
activity:
(1) That is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet
subsistence needs by: (i) Causing the
marine mammals to abandon or avoid
hunting areas; (ii) directly displacing
subsistence users; or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and
(2) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
E:\FR\FM\26JYN1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)]
[Notices]
[Pages 34630-34632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15683]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967, C-570-968]
Aluminum Extrusions From the People's Republic of China:
Affirmative Final Determination of Circumvention of the Antidumping and
Countervailing Duty Orders and Rescission of Minor Alterations Anti-
Circumvention Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) 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 rescinds its minor alterations anti-circumvention
inquiry.
DATES: Effective July 26, 2017.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement & Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 21, 2016, the Department published its notice of
initiation of this anti-circumvention inquiry.\1\ The Department
published the Preliminary
[[Page 34631]]
Determination of the anti-circumvention inquiry of aluminum extrusions
from the PRC on November 14, 2016.\2\
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21,
2016) (Initiation Notice).
\2\ See Aluminum Extrusions from the People's Republic of China:
Initiation of Anti-Circumvention Inquiry: Affirmative Preliminary
Determination of Circumvention of the Antidumping and Countervailing
Duty Orders and Intent To Rescind Minor Alterations Anti-
Circumvention Inquiry, 81 FR 79444 (November 14, 2016) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
See also 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).
---------------------------------------------------------------------------
A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the Issues and Decision Memorandum.\3\ The Issues and Decision
Memorandum is a public document, and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly 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.
---------------------------------------------------------------------------
\3\ See Memorandum re: Anti-Circumvention Inquiry Regarding the
Antidumping Duty and Countervailing Duty Orders on Aluminum
Extrusions from the People's Republic of China: Issues and Decision
Memorandum (Issues and Decision Memorandum), dated concurrently with
this determination and hereby adopted by this notice.
---------------------------------------------------------------------------
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): 6603.90.8100, 7616.99.51, 8479.89.94,
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\ For a complete description of the scope of the Orders, see
the ``Scope of the Orders,'' in Issues and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this inquiry are addressed in the Issues and
Decision Memorandum. A list of these issues is attached in the Appendix
to this notice.
Final Affirmative Determination of Circumvention
In accordance with 781(d) of the Tariff Act of 1930, as amended
(the Act), we continue to 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\
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\5\ See section 781(d) of the Act and 19 CFR 351.225(j).
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Rescission of Minor Alterations Anti-Circumvention Inquiry
In light of the Department's final affirmative determination of
circumvention pursuant to section 781(d) of the Act, the Department
rescinds 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 continue 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, until appropriate liquidation
instructions are issued.\6\ The Department will also instruct CBP to
continue 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.
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\6\ See Initiation Notice.
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Certification Requirement
In light of the Department's preliminary finding of circumvention,
the Department considered whether to require importers of certain
aluminum extrusions who claim the imported merchandise is not subject
to the Orders to certify that the aluminum extrusions were not produced
from heat-treated 5050-grade aluminum alloy. Based on the Department's
analysis of comments received, the Department will not
[[Page 34632]]
require importers to maintain a certification at this time.\7\
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\7\ See Issues and Decision Memorandum, at Comment 4, for
further detail.
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Notification to the International Trade Commission
As discussed in the Issues and Decision Memorandum, because the
Department has determined, for purposes of sections 781(d)(1) and (e)
of the Act, that the later-developed inquiry merchandise does not
incorporate a significant technological advance or significant
alteration of an earlier product, the Department did not notify the
International Trade Commission of its proposed inclusion of the inquiry
merchandise within the Orders.
This affirmative anti-circumvention determination is published in
accordance with section 781(d) of the Act and 19 CFR 351.225.
Dated: July 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Discussion of the Issues
1. The Department's Authority To Conduct an Anti-Circumvention
Inquiry
2. Later-Developed Merchandise and Commercial Availability
3. Scope Exclusion
4. Country-Wide Ruling
5. Certification Requirement
6. Effective Cash Deposit Date
VI. Rescission of Minor Alterations Anti-Circumvention Inquiry
VII. Recommendation
[FR Doc. 2017-15683 Filed 7-25-17; 8:45 am]
BILLING CODE 3510-DS-P
