Aluminum Extrusions From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016, 52265-52268 [2017-24407]
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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
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Commission on Civil Rights, 300 North
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to the Commission at (213) 894–0508, or
emailed Ana Victoria Fortes at afortes@
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additional information may contact the
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Records and documents discussed
during the meeting will be available for
public viewing prior to and after the
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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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
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available, both before and after the
meeting. Persons interested in the work
of this Committee are directed to the
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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
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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]
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Aluminum Extrusions From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2015–2016
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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
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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).
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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
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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).
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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.
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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.
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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.
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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
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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:
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AGENCY:
Background
The Department has received timely
requests, in accordance with 19 CFR
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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).
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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]
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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\
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\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.
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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\
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\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).
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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.
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\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.
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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\
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\9\ See Preliminary Decision Memorandum, at 17-18.
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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.
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\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.
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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\
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\12\ Id., at 17-18.
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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.''
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\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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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
