Aluminum Extrusions From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 52265-52268 [2017-24407]

Download as PDF Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Arizona Advisory Committee U.S. Commission on Civil Rights. ACTION: Announcement of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Arizona Advisory Committee (Committee) to the Commission will be held at 2:00 p.m. (Pacific Time) Friday, November 17, 2017. The purpose of the meeting is for the Committee to deliberate on voting rights project proposal and begin initial brainstorm. DATES: The meeting will be held on Friday, November 17, 2017, at 2:00 p.m. PT FOR FURTHER INFORMATION CONTACT: Ana Victoria Fortes (DFO) at afortes@ usccr.gov or (213) 894–3437. SUPPLEMENTARY INFORMATION: This meeting is available to the public through the following toll-free call-in number: 877–723–9521, conference ID number: 7584074. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (213) 894–0508, or emailed Ana Victoria Fortes at afortes@ usccr.gov. Persons who desire additional information may contact the Regional Programs Unit at (213) 894– 3437. Records and documents discussed during the meeting will be available for public viewing prior to and after the asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 meeting at https://facadatabase.gov/ committee/meetings.aspx?cid=235. Please click on the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission’s Web site, https:// www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address. Agenda I. Welcome II. Approval of minutes from November 1, 2017 meeting III. Review Project Proposal IV. Review Briefing Timeline V. Brainstorm Venue location and Potential Dates VI. Next Steps VII. Adjournment Exceptional Circumstance: Pursuant to 41 CFR 102–3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of the committee needing to plan a briefing on voting rights to satisfy the U.S. Commission on Civil Rights’ 2018 Statutory Enforcement report timeline. 52265 port of entry. The proposed site is as follows: Proposed Site 1 (280.54 acres)—Blimp Base, 7529 Blimp Base Road, Hitchcock. If approved, the proposed site would be assigned a new site number under FTZ 84. The amended application is limited to FTZ designation for the proposed Blimp Base site (i.e., it does not request authority for the ASF service area originally proposed in the application). Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary at: Foreign-Trade Zones Board, U.S. Department of Commerce, Room 21013, 1401 Constitution Ave. NW., Washington, DC 20230. The closing period for their receipt is December 13, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period (to December 28, 2017). For further information, contact Camille Evans at Camille.Evans@ trade.gov or (202) 482–2350. Dated: November 6, 2017. Andrew McGilvray, Executive Secretary. [FR Doc. 2017–24518 Filed 11–9–17; 8:45 am] BILLING CODE 3510–DS–P Dated: November 7, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit. DEPARTMENT OF COMMERCE [FR Doc. 2017–24482 Filed 11–9–17; 8:45 am] [A–570–967] International Trade Administration BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board Proposed Foreign-Trade Zone— Hitchcock, Texas; Amendment of Application A request has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the Port of Houston Authority (PHA), grantee of FTZ 84, at the request of the City of Hitchcock, to amend the City’s pending application requesting authority to establish a new foreigntrade zone in Hitchcock, Texas. The pending application was docketed on October 6, 2015 (FTZ Board Docket B– 66–2015, 80 FR 61358, October 13, 2015). PHA is requesting authority to include the site originally proposed for FTZ designation as part of a new zone in Hitchcock, Texas as an additional magnet site of FTZ 84, adjacent to the Houston Customs and Border Protection Frm 00002 Fmt 4703 Sfmt 4703 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on aluminum extrusions from the People’s Republic of China (PRC). The period of review (POR) is May 1, 2015, through April 30, 2016. These final results cover 10 companies and the PRC-wide entity for which an administrative review was initiated. DATES: Applicable: November 13, 2017. FOR FURTHER INFORMATION CONTACT: Deborah Scott or Mark Flessner, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2657 or (202) 482–6312, respectively. AGENCY: [B–66–2015] PO 00000 Aluminum Extrusions From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2015–2016 E:\FR\FM\13NON1.SGM 13NON1 52266 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices SUPPLEMENTARY INFORMATION: Background The Department initiated this review on July 7, 2016.1 On June 6, 2017, the Department published the Preliminary Results of this administrative review.2 At that time, we invited interested parties to comment on the Preliminary Results. On July 6, 2017, we received a case brief from the Aluminum Extrusions Fair Trade Committee (the petitioner).3 No other parties submitted case or rebuttal briefs. These final results cover 10 companies and the PRC-wide entity for which an administrative review was initiated and not rescinded.4 Scope of the Order asabaliauskas on DSKBBXCHB2PROD with NOTICES The merchandise covered by the Order 5 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).6 Imports of the subject merchandise are provided for under the following categories of 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, 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation Notice). 2 See Aluminum Extrusions from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2015–2016, 82 FR 26055 (June 6, 2017) (Preliminary Results), and accompanying preliminary decision memorandum (Preliminary Decision Memorandum). 3 See Petitioner Letter re: Aluminum Extrusions from the People’s Republic of China: Case Brief, dated July 6, 2017. 4 This administrative review initially covered 191 companies and the PRC-wide entity. See Initiation Notice, 81 FR at 44262. However, the Department rescinded this review with respect to 181 companies for which all administrative review requests were timely withdrawn. See Preliminary Results, 82 FR at 26056. 5 See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order). 6 For a complete description of the scope of the Order, see Memorandum, ‘‘Issues and Decisions Memorandum for the Final Results of the Antidumping Duty Administrative Review: Aluminum Extrusions from the People’s Republic of China; 2015–2016,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 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 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 written description of the scope of this Order is dispositive. Analysis of Comments Received All issues raised in the case briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is incorporated herein by reference. A list of the issues which any party raised, and to which we respond in the Issues and Decision Memorandum, follows in the appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results For the purposes of these final results, the Department made no changes to the Preliminary Results. PRC-Wide Entity For the purposes of the final results of this administrative review, the Department finds that the following entities are part of the PRC-wide entity because they failed to submit both a Q&V response and information to establish eligibility for a separate rate: (1) Kam Kiu; (2) Atlas Integrated Manufacturing Ltd.; (3) Classic & Contemporary Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., Ltd.; (5) Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City Kam Kiu Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium Industry Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) Suzhou New Hongji Precision Part Co. The Department’s change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.7 Under this policy, the PRC-wide entity will not be under review unless a party specifically 7 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). E:\FR\FM\13NON1.SGM 13NON1 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices requests, or the Department selfinitiates, a review of the entity. The petitioner 8 requested a review of the PRC-wide entity in the instant review; therefore, the PRC-wide entity is currently under review and the rate for the PRC-wide entity is subject to change. Adjustments for Countervailable Subsidies Because no mandatory respondent established eligibility for an adjustment under section 777A(f) of the Act for countervailable domestic subsidies, the Department, for these final results, did not make an adjustment pursuant to section 777A(f) of the Act for countervailable domestic subsidies for the separate-rate recipients.9 Pursuant to section 772(c)(1)(C) of the Act, we made an adjustment for countervailable export subsidies for tenKsolar. We calculated this adjustment as the simple average of the countervailable export subsidies determined for the mandatory respondents in the 2014 (i.e., most recently completed) CVD administrative review 10 and deducted this amount from the weighted-average dumping margin assigned to tenKsolar.11 The adjusted rate for tenKsolar is 85.96 percent. Pursuant to section 772(c)(1)(C) of the Act, we also made an adjustment for countervailable export subsidies for the PRC-wide entity. We adjusted the PRCwide entity cash deposit rate by the lowest countervailable export subsidy determined for the mandatory respondents in the 2014 (i.e., most recently completed) CVD administrative review.12 Final Results of Review The Department determines that the following weighted-average dumping margins exist for the 2015–2016 POR: Weighted-average dumping margin (percent) Exporter Margin adjusted for liquidation and cash deposit purposes (percent) 86.01 86.01 85.96 85.96 tenKsolar (Shanghai) Co., Ltd ..................................................................................................................... PRC-wide Entity ........................................................................................................................................... Additionally, as explained above, the Department determines that the following companies are part of the PRC-wide entity: (1) Kam Kiu; (2) Atlas Integrated Manufacturing Ltd.; (3) Classic & Contemporary Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., Ltd.; (5) Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City Kam Kiu Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium Industry Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) Suzhou New Hongji Precision Part Co. asabaliauskas on DSKBBXCHB2PROD with NOTICES Assessment Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of review in the Federal Register. Consistent with the Department’s assessment practice in NME cases, if the Department determines that an exporter under review had no shipments of subject merchandise, any suspended entries that entered under the exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide 8 The petitioner is the Aluminum Extrusions Fair Trade Committee. 9 See Preliminary Decision Memorandum, at 17– 18. VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 rate.13 For the companies eligible for a separate rate, the Department will instruct CBP to assess antidumping duties on the company’s entries of subject merchandise at the rates listed above in the section ‘‘Final Results of Review.’’ Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the companies eligible for a separate rate, the cash deposit rate will that listed above in the section ‘‘Final Results of Review;’’ (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the exporter-specific rate published for the most-recently completed segment of this proceeding in which the exporter was reviewed; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be that established for the PRC-wide entity, 10 Aluminum Extrusions from the People’s Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2014, 81 FR 92778 (December 20, 2016). 11 See Preliminary Decision Memorandum, at 12 and 17–18. PO 00000 Frm 00004 52267 Fmt 4703 Sfmt 4703 which is 85.96 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter with the subject merchandise. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. Notification to Interested Parties Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance 12 Id., at 17–18. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 13 See E:\FR\FM\13NON1.SGM 13NON1 52268 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Notices with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h). Dated: November 3, 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 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Issues Comment: The Margin Assigned to the PRC-Wide Entity 5. Recommendation [FR Doc. 2017–24407 Filed 11–9–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Antidumping and Countervailing Duty Administrative Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received requests to conduct administrative reviews of various antidumping and countervailing duty orders and findings with September anniversary dates. In accordance with the Department’s regulations, we are initiating those administrative reviews. DATES: Applicable November 13, 2017. FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482–4735. SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with NOTICES AGENCY: Background The Department has received timely requests, in accordance with 19 CFR VerDate Sep<11>2014 18:38 Nov 09, 2017 Jkt 244001 351.213(b), for administrative reviews of various antidumping and countervailing duty orders and findings with September anniversary dates. All deadlines for the submission of various types of information, certifications, or comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting time. Notice of No Sales If a producer or exporter named in this notice of initiation had no exports, sales, or entries during the period of review (POR), it must notify the Department within 30 days of publication of this notice in the Federal Register. All submissions must be filed electronically at https://access.trade.gov in accordance with 19 CFR 351.303.1 Such submissions are subject to verification in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act). Further, in accordance with 19 CFR 351.303(f)(1)(i), a copy must be served on every party on the Department’s service list. Respondent Selection In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports during the period of review. We intend to place the CBP data on the record within five days of publication of the initiation notice and to make our decision regarding respondent selection within 30 days of publication of the initiation Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven days after the placement of the CBP data on the record of this review. Parties wishing to submit rebuttal comments should submit those comments five days after the deadline for the initial comments. In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act: In general, the Department has found that determinations concerning whether particular companies should be ‘‘collapsed’’ (i.ee.g., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed 1 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of this review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (e.g., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to this review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete the Quantity and Value (Q&V) Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of this proceeding where the Department considered collapsing that entity, complete Q&V data for that collapsed entity must be submitted. Deadline for Withdrawal of Request for Administrative Review Pursuant to 19 CFR 351.213(d)(1), a party that has requested a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance has prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis. E:\FR\FM\13NON1.SGM 13NON1

Agencies

[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52265-52268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24407]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2015-2016

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on aluminum 
extrusions from the People's Republic of China (PRC). The period of 
review (POR) is May 1, 2015, through April 30, 2016. These final 
results cover 10 companies and the PRC-wide entity for which an 
administrative review was initiated.

DATES: Applicable: November 13, 2017.

FOR FURTHER INFORMATION CONTACT: Deborah Scott or Mark Flessner, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-2657 or (202) 482-6312, 
respectively.

[[Page 52266]]


SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this review on July 7, 2016.\1\ On June 6, 
2017, the Department published the Preliminary Results of this 
administrative review.\2\ At that time, we invited interested parties 
to comment on the Preliminary Results. On July 6, 2017, we received a 
case brief from the Aluminum Extrusions Fair Trade Committee (the 
petitioner).\3\ No other parties submitted case or rebuttal briefs. 
These final results cover 10 companies and the PRC-wide entity for 
which an administrative review was initiated and not rescinded.\4\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation 
Notice).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review in Part; 2015-2016, 82 FR 26055 (June 6, 2017) 
(Preliminary Results), and accompanying preliminary decision 
memorandum (Preliminary Decision Memorandum).
    \3\ See Petitioner Letter re: Aluminum Extrusions from the 
People's Republic of China: Case Brief, dated July 6, 2017.
    \4\ This administrative review initially covered 191 companies 
and the PRC-wide entity. See Initiation Notice, 81 FR at 44262. 
However, the Department rescinded this review with respect to 181 
companies for which all administrative review requests were timely 
withdrawn. See Preliminary Results, 82 FR at 26056.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the Order \5\ 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).\6\
---------------------------------------------------------------------------

    \5\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
    \6\ For a complete description of the scope of the Order, see 
Memorandum, ``Issues and Decisions Memorandum for the Final Results 
of the Antidumping Duty Administrative Review: Aluminum Extrusions 
from the People's Republic of China; 2015-2016,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
---------------------------------------------------------------------------

    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (HTSUS): 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.
    The subject merchandise entered as parts of other aluminum products 
may be classifiable under the following additional Chapter 76 
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well 
as under other HTSUS chapters. In addition, fin evaporator coils may be 
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. 
While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this Order is 
dispositive.

Analysis of Comments Received

    All issues raised in the case briefs filed by parties in this 
review are addressed in the Issues and Decision Memorandum, which is 
incorporated herein by reference. A list of the issues which any party 
raised, and to which we respond in the Issues and Decision Memorandum, 
follows in the appendix to this notice. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly on the Internet at https://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    For the purposes of these final results, the Department made no 
changes to the Preliminary Results.

PRC-Wide Entity

    For the purposes of the final results of this administrative 
review, the Department finds that the following entities are part of 
the PRC-wide entity because they failed to submit both a Q&V response 
and information to establish eligibility for a separate rate: (1) Kam 
Kiu; (2) Atlas Integrated Manufacturing Ltd.; (3) Classic & 
Contemporary Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., 
Ltd.; (5) Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City 
Kam Kiu Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium 
Industry Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) 
Suzhou New Hongji Precision Part Co.
    The Department's change in policy regarding conditional review of 
the PRC-wide entity applies to this administrative review.\7\ Under 
this policy, the PRC-wide entity will not be under review unless a 
party specifically

[[Page 52267]]

requests, or the Department self-initiates, a review of the entity. The 
petitioner \8\ requested a review of the PRC-wide entity in the instant 
review; therefore, the PRC-wide entity is currently under review and 
the rate for the PRC-wide entity is subject to change.
---------------------------------------------------------------------------

    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \8\ The petitioner is the Aluminum Extrusions Fair Trade 
Committee.
---------------------------------------------------------------------------

Adjustments for Countervailable Subsidies

    Because no mandatory respondent established eligibility for an 
adjustment under section 777A(f) of the Act for countervailable 
domestic subsidies, the Department, for these final results, did not 
make an adjustment pursuant to section 777A(f) of the Act for 
countervailable domestic subsidies for the separate-rate recipients.\9\
---------------------------------------------------------------------------

    \9\ See Preliminary Decision Memorandum, at 17-18.
---------------------------------------------------------------------------

    Pursuant to section 772(c)(1)(C) of the Act, we made an adjustment 
for countervailable export subsidies for tenKsolar. We calculated this 
adjustment as the simple average of the countervailable export 
subsidies determined for the mandatory respondents in the 2014 (i.e., 
most recently completed) CVD administrative review \10\ and deducted 
this amount from the weighted-average dumping margin assigned to 
tenKsolar.\11\ The adjusted rate for tenKsolar is 85.96 percent.
---------------------------------------------------------------------------

    \10\ Aluminum Extrusions from the People's Republic of China: 
Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2014, 81 FR 92778 (December 20, 2016).
    \11\ See Preliminary Decision Memorandum, at 12 and 17-18.
---------------------------------------------------------------------------

    Pursuant to section 772(c)(1)(C) of the Act, we also made an 
adjustment for countervailable export subsidies for the PRC-wide 
entity. We adjusted the PRC-wide entity cash deposit rate by the lowest 
countervailable export subsidy determined for the mandatory respondents 
in the 2014 (i.e., most recently completed) CVD administrative 
review.\12\
---------------------------------------------------------------------------

    \12\ Id., at 17-18.
---------------------------------------------------------------------------

Final Results of Review

    The Department determines that the following weighted-average 
dumping margins exist for the 2015-2016 POR:

------------------------------------------------------------------------
                                                        Margin adjusted
                                     Weighted-average   for liquidation
             Exporter                 dumping margin    and cash deposit
                                        (percent)           purposes
                                                           (percent)
------------------------------------------------------------------------
tenKsolar (Shanghai) Co., Ltd.....              86.01              85.96
PRC-wide Entity...................              86.01              85.96
------------------------------------------------------------------------

    Additionally, as explained above, the Department determines that 
the following companies are part of the PRC-wide entity: (1) Kam Kiu; 
(2) Atlas Integrated Manufacturing Ltd.; (3) Classic & Contemporary 
Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., Ltd.; (5) 
Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City Kam Kiu 
Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium Industry 
Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) Suzhou New 
Hongji Precision Part Co.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review. The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
the final results of review in the Federal Register. Consistent with 
the Department's assessment practice in NME cases, if the Department 
determines that an exporter under review had no shipments of subject 
merchandise, any suspended entries that entered under the exporter's 
case number (i.e., at that exporter's rate) will be liquidated at the 
PRC-wide rate.\13\ For the companies eligible for a separate rate, the 
Department will instruct CBP to assess antidumping duties on the 
company's entries of subject merchandise at the rates listed above in 
the section ``Final Results of Review.''
---------------------------------------------------------------------------

    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For the companies 
eligible for a separate rate, the cash deposit rate will that listed 
above in the section ``Final Results of Review;'' (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that received a separate rate in a prior segment of this proceeding, 
the cash deposit rate will continue to be the exporter-specific rate 
published for the most-recently completed segment of this proceeding in 
which the exporter was reviewed; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be that established for the PRC-wide 
entity, which is 85.96 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter with the subject merchandise. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties and/or countervailing 
duties prior to liquidation of the relevant entries during this POR. 
Failure to comply with this requirement could result in the 
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties occurred and the subsequent assessment of 
doubled antidumping duties.

Notification to Interested Parties Regarding Administrative Protective 
Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

[[Page 52268]]

with 19 CFR 351.305(a)(3), which continues to govern business 
proprietary information in this segment of the proceeding. Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: November 3, 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

1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
    Comment: The Margin Assigned to the PRC-Wide Entity
5. Recommendation

[FR Doc. 2017-24407 Filed 11-9-17; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.