Aluminum Extrusions From the People's Republic of China: Initiation and Preliminary Results of Expedited Changed Circumstances Review, 34548-34551 [2018-15573]
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
component, which is currently classifiable
under HTSUS subheading 5503.20.0015.
Fine denier PSF is classifiable under the
HTSUS subheading 5503.20.0025. Although
the HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive.
[FR Doc. 2018–15567 Filed 7–19–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China: Initiation
and Preliminary Results of Expedited
Changed Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is initiating and issuing the
preliminary results of a changed
circumstances review (CCR) of the
antidumping duty (AD) order on
aluminum extrusions from the People’s
Republic of China (China), finding that
the cash deposit rate for the 21
exporters/producers who retain a
separate rate assigned in the less-thanfair value (LTFV) investigation should
be recalculated to reflect the revised
countervailing duty (CVD) export
subsidy offsets from the amended final
CVD determination. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable July 20, 2018.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–6312 or (202) 482–0167,
respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On May 26, 2011, Commerce
published AD and CVD orders on
aluminum extrusions from China.1 On
October 23, 2015, the United States
Court of International Trade (CIT)
sustained Commerce’s results of
redetermination pursuant to court
remand, which recalculated the all1 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (the Order); and Aluminum
Extrusions from the People’s Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26,
2011).
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others subsidy rate in the CVD
investigation of aluminum extrusions
from China.2 On November 10, 2015,
Commerce published an amended final
CVD determination, with an effective
date of November 2, 2015.3
In the CVD investigation, the subsidy
rate applied to ‘‘all other’’ companies
was 374.15 percent,4 and the amount of
export subsidies included in the allothers rate was 42.16 percent.5 Section
772(c)(1)(C) the Act provides that in
determining export price (EP) or
constructed export price (CEP),
Commerce should adjust its calculations
by ‘‘the amount of any countervailing
duty imposed on the subject
merchandise . . . to offset an export
subsidy.’’ Therefore, the AD cash
deposit rate for companies eligible for a
separate rate was calculated as the
separate rate dumping margin
determined in the LTFV investigation
(i.e., 32.79 percent), less the amount of
export subsidies included in the allothers CVD rate (i.e., 42.16 percent).6
However, as a result of Commerce’s
amended final CVD determination, the
all-others CVD rate was determined to
be 7.37 percent,7 and the amount of
export subsidies included in the allothers rate was determined to be 0.28
percent.8
Of the companies that were granted a
separate rate in the LTFV investigation,
21 companies have not been subject to
an administrative review and, thus,
continue to be assigned the separate rate
cash deposit rate determined in the
LTFV investigation.9 These companies
are listed below in the ‘‘Preliminary
2 See MacLean-Fogg Co. v. United States, 100 F.
Supp. 3d 1349 (CIT August 2015) (MacLean-Fogg).
3 See Aluminum Extrusions from the People’s
Republic of China: Amended Final Affirmative
Countervailing Duty Determination Pursuant to
Court Decision, 80 FR 69640 (November 10, 2015)
(CVD Amended Final Determination).
4 See Aluminum Extrusions from the People’s
Republic of China: Final Affirmative Countervailing
Duty Determination, 76 FR 18521, 18523 (April 4,
2011).
5 See Aluminum Extrusions from the People’s
Republic of China: Final Determination of Sales at
Less Than Fair Value, 76 FR 18524, 18531 (April
4, 2011).
6 Id., 76 FR at 18531.
7 See CVD Amended Final Determination, 80 FR
at 69640.
8 See Memorandum, ‘‘Preliminary Export Subsidy
Offset Calculation Memorandum,’’ dated
concurrently with this notice (Preliminary
Calculation Memorandum).
9 Two additional companies, China Square
Industrial Ltd and USA Worldwide Door
Components (PINGHU) Co., Ltd., are currently
assigned the separate rate established in the LTFV
investigation. However, both companies are
currently under review in the 2015–2016
administrative review of aluminum extrusions from
China, and their dumping margin will be
determined in the final results of that review.
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Results of Expedited Changed
Circumstances Review’’ section.
Scope of the Order
The merchandise covered by the
Order is aluminum extrusions which are
shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).
Specifically, the subject merchandise
made from aluminum alloy with an
Aluminum Association series
designation commencing with the
number 1 contains not less than 99
percent aluminum by weight. The
subject merchandise made from
aluminum alloy with an Aluminum
Association series designation
commencing with the number 3
contains manganese as the major
alloying element, with manganese
accounting for not more than 3.0
percent of total materials by weight. The
subject merchandise is made from an
aluminum alloy with an Aluminum
Association series designation
commencing with the number 6
contains magnesium and silicon as the
major alloying elements, with
magnesium accounting for at least 0.1
percent but not more than 2.0 percent of
total materials by weight, and silicon
accounting for at least 0.1 percent but
not more than 3.0 percent of total
materials by weight. The subject
aluminum extrusions are properly
identified by a four-digit alloy series
without either a decimal point or
leading letter. Illustrative examples from
among the approximately 160 registered
alloys that may characterize the subject
merchandise are as follows: 1350, 3003,
and 6060.
Aluminum extrusions are produced
and imported in a wide variety of
shapes and forms, including, but not
limited to, hollow profiles, other solid
profiles, pipes, tubes, bars, and rods.
Aluminum extrusions that are drawn
subsequent to extrusion (drawn
aluminum) are also included in the
scope.
Aluminum extrusions are produced
and imported with a variety of finishes
(both coatings and surface treatments),
and types of fabrication. The types of
coatings and treatments applied to
subject aluminum extrusions include,
but are not limited to, extrusions that
are mill finished (i.e., without any
coating or further finishing), brushed,
buffed, polished, anodized (including
brightdip anodized), liquid painted, or
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powder coated. Aluminum extrusions
may also be fabricated, i.e., prepared for
assembly. Such operations would
include, but are not limited to,
extrusions that are cut-to-length,
machined, drilled, punched, notched,
bent, stretched, knurled, swedged,
mitered, chamfered, threaded, and spun.
The subject merchandise includes
aluminum extrusions that are finished
(coated, painted, etc.), fabricated, or any
combination thereof.
Subject aluminum extrusions may be
described at the time of importation as
parts for final finished products that are
assembled after importation, including,
but not limited to, window frames, door
frames, solar panels, curtain walls, or
furniture. Such parts that otherwise
meet the definition of aluminum
extrusions are included in the scope.
The scope includes the aluminum
extrusion components that are attached
(e.g., by welding or fasteners) to form
subassemblies, i.e., partially assembled
merchandise unless imported as part of
the finished goods ‘kit’ defined further
below. The scope does not include the
non-aluminum extrusion components of
subassemblies or subject kits.
Subject extrusions may be identified
with reference to their end use, such as
fence posts, electrical conduits, door
thresholds, carpet trim, or heat sinks
(that do not meet the finished heat sink
exclusionary language below). Such
goods are subject merchandise if they
otherwise meet the scope definition,
regardless of whether they are ready for
use at the time of importation.
The following aluminum extrusion
products are excluded: Aluminum
extrusions made from aluminum alloy
with an Aluminum Association series
designations commencing with the
number 2 and containing in excess of
1.5 percent copper by weight; aluminum
extrusions made from aluminum alloy
with an Aluminum Association series
designation commencing with the
number 5 and containing in excess of
1.0 percent magnesium by weight; and
aluminum extrusions made from
aluminum alloy with an Aluminum
Association series designation
commencing with the number 7 and
containing in excess of 2.0 percent zinc
by weight.
The scope also excludes finished
merchandise containing aluminum
extrusions as parts that are fully and
permanently assembled and completed
at the time of entry, such as finished
windows with glass, doors with glass or
vinyl, picture frames with glass pane
and backing material, and solar panels.
The scope also excludes finished goods
containing aluminum extrusions that
are entered unassembled in a ‘‘finished
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goods kit.’’ A finished goods kit is
understood to mean a packaged
combination of parts that contains, at
the time of importation, all of the
necessary parts to fully assemble a final
finished good and requires no further
finishing or fabrication, such as cutting
or punching, and is assembled ‘‘as is’’
into a finished product. An imported
product will not be considered a
‘‘finished goods kit’’ and therefore
excluded from the scope of the Order
merely by including fasteners such as
screws, bolts, etc. in the packaging with
an aluminum extrusion product.
The scope also excludes aluminum
alloy sheet or plates produced by other
than the extrusion process, such as
aluminum products produced by a
method of casting. Cast aluminum
products are properly identified by four
digits with a decimal point between the
third and fourth digit. A letter may also
precede the four digits. The following
Aluminum Association designations are
representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0,
C355.0, 356.0, A356.0, A357.0, 360.0,
366.0, 380.0, A380.0, 413.0, 443.0,
514.0, 518.1, and 712.0. The scope also
excludes pure, unwrought aluminum in
any form.
The scope also excludes collapsible
tubular containers composed of metallic
elements corresponding to alloy code
1080A as designated by the Aluminum
Association where the tubular container
(excluding the nozzle) meets each of the
following dimensional characteristics:
(1) Length of 37 millimeters (‘‘mm’’) or
62 mm, (2) outer diameter of 11.0 mm
or 12.7 mm, and (3) wall thickness not
exceeding 0.13 mm.
Also excluded from the scope of this
order are finished heat sinks. Finished
heat sinks are fabricated heat sinks
made from aluminum extrusions the
design and production of which are
organized around meeting certain
specified thermal performance
requirements and which have been
fully, albeit not necessarily
individually, tested to comply with
such requirements.
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,
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34549
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.
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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
Initiation of Changed Circumstances
Review
Pursuant to section 751(b) of the Act
and 19 CFR 351.216 and 351.221(c)(3),
Commerce is initiating a CCR of the
antidumping duty order on aluminum
extrusions from China. While
Commerce was conducting the 2016–
2017 administrative review,10 the
Aluminum Extrusions Fair Trade
Committee (the petitioner), brought to
Commerce’s attention that, despite the
issuance of the CVD Amended Final
Determination, which modified the allothers CVD rate, Commerce never
revised the export subsidy offset applied
to the AD cash deposit rates determined
for the 21 exporters/producers who
retain a separate rate assigned in the
LTFV investigation. In light of the
issuance of the CVD Amended Final
Determination, as well as the
information raised by the petitioner in
the 2016–2017 administrative review,
we have determined that there is
sufficient information of changed
circumstances to warrant self-initiation
of a review to consider revision of the
AD cash deposit rates applied to those
exporters/producers who continue to be
assigned a separate rate from the LTFV
investigation.
Section 351.221(c)(3)(ii) of
Commerce’s regulations permits
Commerce to combine the notice of
initiation of a changed circumstances
review and the notice of preliminary
results if Commerce concludes that
expedited action is warranted. In this
instance, because we believe we have all
the information necessary to make a
preliminary finding, and that
modification of the export subsidy offset
was permitted on or after November 2,
2015 (the effective date of the CVD
Amended Final Determination), we find
that expedited action is warranted, and
have combined the notice of initiation
and the notice of preliminary results.
Preliminary Results of Expedited
Changed Circumstances Review
When it concludes that expedited
action is warranted, Commerce may
publish the notice of initiation and
preliminary results of a CCR in a single
notice.11 As detailed below, expedited
action is warranted in this instance to
bring Commerce’s application of the
export subsidy offset in accordance with
the revised CVD rate issued in the CVD
Amended Final Determination.
Accordingly, we are combining the
notice of initiation and the notice of
preliminary results, in accordance with
19 CFR 351.221(c)(3)(ii).
Based on Commerce’s analysis of the
information published in the CVD
Amended Final Determination, in
accordance with 19 CFR 351.216, we
preliminarily determine that changed
circumstances exist, and that the
appropriate cash deposit rate for the 21
exporters/producers who retain a
separate rate assigned in the LTFV
investigation should be recalculated to
include the revised CVD export subsidy
offsets from the CVD Amended Final
Determination.12
The preliminary cash deposit rates are
listed below:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Changshu Changsheng Aluminium Products Co., Ltd
Cosco (J.M.) Aluminium Co., Ltd .................................
Changshu Changsheng Aluminium Products Co., Ltd
Cosco (J.M.) Aluminium Co., Ltd/Jiangmen Qunxing
Hardware Diecasting Co., Ltd.
Top-Wok Metal Co., Ltd ...............................................
Foshan Jinlan Aluminium Co., Ltd ...............................
Foshan Sanshui Fenglu Aluminium CO., Ltd ...............
Guangdong Hao Mei Aluminium Co., Ltd ....................
Guangdong Weiye Aluminum Factory Co., Ltd ...........
Guangdong Xingfa Aluminium Co., Ltd ........................
Pingguo Aluminium Company Limited .........................
Kanal Precision Aluminium Product Co., Ltd ...............
Taishan Golden Gain Aluminum Products Limited ......
Jiangyin Xinhong Doors and Windows Co., Ltd ..........
Shandong Nanshan Aluminum Co., Ltd .......................
Zhejiang Anji Xinxiang Aluminum Co., Ltd ...................
North China Aluminum Co., Ltd ...................................
PanAsia Aluminium (China) Limited .............................
Pingguo Asia Aluminum Co., Ltd .................................
Hoi Tat Plastic Mould & Metal Factory ........................
Tai-Ao Aluminium (Taishan) Co., Ltd ...........................
Tianjin Ruixin Electric Heat Transmission Technology,
Ltd.
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd
First Union Property Limited .........................................
Foshan Jinlan Non-Ferrous Metal Product Co., Ltd ....
Foshan Sanshui Fenglu Aluminium Co., Ltd ...............
Guangdong Hao Mei Aluminium Co., Ltd ....................
Guangdong Weiye Aluminum Factory Co., Ltd ...........
Guangdong Xingfa Aluminium Co., Ltd ........................
Hanwood Enterprises Limited ......................................
Honsense Development Company ...............................
Innovative Aluminium (Hong Kong) Limited .................
Jiangyin Trust International Inc ....................................
Longkou Donghai Trade Co., Ltd .................................
Ningbo Yili Import and Export Co., Ltd ........................
North China Aluminum Co., Ltd ...................................
PanAsia Aluminium (China) Limited .............................
Pingguo Asia Aluminum Co., Ltd .................................
Popular Plastics Co., Ltd ..............................................
Tai-Ao Aluminium (Taishan) Co., Ltd ...........................
Tianjin Ruixin Electric Heat Transmission Technology,
Ltd.
Zhejiang Yongkang Listar Aluminium Industry Co., Ltd
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Public Comment
Case briefs from interested parties
may be submitted not later than 30 days
after the date of publication of this
notice.13 Rebuttal briefs, limited to the
issues raised in the case briefs, may be
filed no later than 5 days after the
10 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
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submission of case briefs.14 Parties who
submit case or rebuttal briefs in this
CCR are requested to submit with each
argument: (1) A statement of the issue;
and (2) a brief summary of the argument
with an electronic version included.15
Rescission of Review in Part; 2016–2017, 83 FR
5604 (February 8, 2018).
11 See 19 CFR 351.221(c)(3)(ii).
12 See Preliminary Calculation Memorandum.
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Cash
deposit
rate
(percent)
32.79
32.79
32.51
32.51
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.79
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.51
32.79
32.51
All submissions, with limited
exceptions, must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).16 ACCESS is available to
registered users at https://
13 See
19 CFR 321.309(c)(1)(ii).
19 CFR 351.309(d)(1).
15 See 19 CFR 351.309(c)(2), and (d)(2).
16 See 19 CFR 351.303(f).
14 See
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access.trade.gov, and it is available to
all parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. An electronically
filed document must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time (ET)
on the deadline.17 Documents excepted
from the electronic submission
requirements must be filed manually
(i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and
stamped with the date and time of
receipt by 5 p.m. ET on the due date.18
Any interested party may request a
hearing within 30 days of publication of
this notice. Any hearing, if requested,
will be held no later than 37 days after
the date of publication of this notice in
the Federal Register, or the first
business day thereafter. Persons
interested in attending the hearing, if
one is requested, should contact
Commerce for the date and time of the
hearing.
Notifications to Interested Parties
Unless extended, consistent with 19
CFR 351.216(e), we intend to issue the
final results of this CCR no later than
270 days after the date on which this
review is initiated, or within 45 days
after the date on which this review is
initiated if all parties agree to our
preliminary finding. The final results
will include Commerce’s analysis of
issues raised in any written comments.
We are issuing and publishing this
initiation and preliminary results notice
in accordance with sections 751(b)(1)
and 777(i)(1) and (2) of the Act and
sections 351.216 and 351.221(c)(3) of
Commerce’s regulations.
Dated: July 16, 2018.
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.
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BILLING CODE 3510–DS–P
17 See
19 CFR 351.303(b).
18 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures:
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Survey To Collect
Economic Data From Recreational
Anglers Along the Atlantic Coast
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before September 18,
2018.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Sabrina Lovell, Economist,
Office of Science and Technology,
NMFS, 1315 East-West Hwy., Silver
Spring, MD 20910. Tel: (301) 427–8153
or sabrina.lovell@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
This request is for a new information
collection.
The objective of the survey will be to
understand how anglers respond to
changes in management options and
fishing regulations (e.g., bag limits, size
limits, dates of open seasons, etc.) along
the Atlantic Coast. We are conducting
this survey to improve our ability to
understand and predict how changes in
management options and regulations
may change the number of trips anglers
take for highly sought after recreational
fish species. This data will allow
fisheries managers to conduct updated
and improved analysis of the socioeconomic effects to recreational anglers
and to coastal communities of proposed
changes in fishing regulations. The
recreational fishing community and
regional fisheries management councils
have requested more species-specific
socio-economic studies of recreational
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
34551
fishing that can be used in the analysis
of fisheries policies. This survey will
address that stated need for more
species-specific studies. The population
consists of those anglers who fish in
saltwater along the Atlantic coast from
Maine to Florida who possess a license
to fish. A sample of anglers will be
drawn from state fishing license frames.
The survey will be conducted using
both mail and email to contact anglers
and invite them to take the survey
online. Anglers not responding to the
online survey may receive a paper
survey in the mail.
II. Method of Collection
The survey will be conducted using
two modes: Mail and internet.
III. Data
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Review: Regular (request for a
new information collection).
Affected Public: Individuals or
households.
Estimated Number of Respondents:
1,800.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 450 hours.
Estimated Total Annual Cost to
Public: $0 in recordkeeping/reporting
costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: July 16, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–15474 Filed 7–19–18; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\20JYN1.SGM
20JYN1
]]>Agencies
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34548-34551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15573]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China:
Initiation and Preliminary Results of Expedited Changed Circumstances
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is initiating and
issuing the preliminary results of a changed circumstances review (CCR)
of the antidumping duty (AD) order on aluminum extrusions from the
People's Republic of China (China), finding that the cash deposit rate
for the 21 exporters/producers who retain a separate rate assigned in
the less-than-fair value (LTFV) investigation should be recalculated to
reflect the revised countervailing duty (CVD) export subsidy offsets
from the amended final CVD determination. We invite interested parties
to comment on these preliminary results.
DATES: Applicable July 20, 2018.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2011, Commerce published AD and CVD orders on aluminum
extrusions from China.\1\ On October 23, 2015, the United States Court
of International Trade (CIT) sustained Commerce's results of
redetermination pursuant to court remand, which recalculated the all-
others subsidy rate in the CVD investigation of aluminum extrusions
from China.\2\ On November 10, 2015, Commerce published an amended
final CVD determination, with an effective date of November 2, 2015.\3\
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (the Order); and
Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011).
\2\ See MacLean-Fogg Co. v. United States, 100 F. Supp. 3d 1349
(CIT August 2015) (MacLean-Fogg).
\3\ See Aluminum Extrusions from the People's Republic of China:
Amended Final Affirmative Countervailing Duty Determination Pursuant
to Court Decision, 80 FR 69640 (November 10, 2015) (CVD Amended
Final Determination).
---------------------------------------------------------------------------
In the CVD investigation, the subsidy rate applied to ``all other''
companies was 374.15 percent,\4\ and the amount of export subsidies
included in the all-others rate was 42.16 percent.\5\ Section
772(c)(1)(C) the Act provides that in determining export price (EP) or
constructed export price (CEP), Commerce should adjust its calculations
by ``the amount of any countervailing duty imposed on the subject
merchandise . . . to offset an export subsidy.'' Therefore, the AD cash
deposit rate for companies eligible for a separate rate was calculated
as the separate rate dumping margin determined in the LTFV
investigation (i.e., 32.79 percent), less the amount of export
subsidies included in the all-others CVD rate (i.e., 42.16 percent).\6\
However, as a result of Commerce's amended final CVD determination, the
all-others CVD rate was determined to be 7.37 percent,\7\ and the
amount of export subsidies included in the all-others rate was
determined to be 0.28 percent.\8\
---------------------------------------------------------------------------
\4\ See Aluminum Extrusions from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 76 FR 18521,
18523 (April 4, 2011).
\5\ See Aluminum Extrusions from the People's Republic of China:
Final Determination of Sales at Less Than Fair Value, 76 FR 18524,
18531 (April 4, 2011).
\6\ Id., 76 FR at 18531.
\7\ See CVD Amended Final Determination, 80 FR at 69640.
\8\ See Memorandum, ``Preliminary Export Subsidy Offset
Calculation Memorandum,'' dated concurrently with this notice
(Preliminary Calculation Memorandum).
---------------------------------------------------------------------------
Of the companies that were granted a separate rate in the LTFV
investigation, 21 companies have not been subject to an administrative
review and, thus, continue to be assigned the separate rate cash
deposit rate determined in the LTFV investigation.\9\ These companies
are listed below in the ``Preliminary Results of Expedited Changed
Circumstances Review'' section.
---------------------------------------------------------------------------
\9\ Two additional companies, China Square Industrial Ltd and
USA Worldwide Door Components (PINGHU) Co., Ltd., are currently
assigned the separate rate established in the LTFV investigation.
However, both companies are currently under review in the 2015-2016
administrative review of aluminum extrusions from China, and their
dumping margin will be determined in the final results of that
review.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is aluminum extrusions which
are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy
series designations published by The Aluminum Association commencing
with the numbers 1, 3, and 6 (or proprietary equivalents or other
certifying body equivalents). Specifically, the subject merchandise
made from aluminum alloy with an Aluminum Association series
designation commencing with the number 1 contains not less than 99
percent aluminum by weight. The subject merchandise made from aluminum
alloy with an Aluminum Association series designation commencing with
the number 3 contains manganese as the major alloying element, with
manganese accounting for not more than 3.0 percent of total materials
by weight. The subject merchandise is made from an aluminum alloy with
an Aluminum Association series designation commencing with the number 6
contains magnesium and silicon as the major alloying elements, with
magnesium accounting for at least 0.1 percent but not more than 2.0
percent of total materials by weight, and silicon accounting for at
least 0.1 percent but not more than 3.0 percent of total materials by
weight. The subject aluminum extrusions are properly identified by a
four-digit alloy series without either a decimal point or leading
letter. Illustrative examples from among the approximately 160
registered alloys that may characterize the subject merchandise are as
follows: 1350, 3003, and 6060.
Aluminum extrusions are produced and imported in a wide variety of
shapes and forms, including, but not limited to, hollow profiles, other
solid profiles, pipes, tubes, bars, and rods. Aluminum extrusions that
are drawn subsequent to extrusion (drawn aluminum) are also included in
the scope.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
aluminum extrusions include, but are not limited to, extrusions that
are mill finished (i.e., without any coating or further finishing),
brushed, buffed, polished, anodized (including brightdip anodized),
liquid painted, or
[[Page 34549]]
powder coated. Aluminum extrusions may also be fabricated, i.e.,
prepared for assembly. Such operations would include, but are not
limited to, extrusions that are cut-to-length, machined, drilled,
punched, notched, bent, stretched, knurled, swedged, mitered,
chamfered, threaded, and spun. The subject merchandise includes
aluminum extrusions that are finished (coated, painted, etc.),
fabricated, or any combination thereof.
Subject aluminum extrusions may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, window frames, door
frames, solar panels, curtain walls, or furniture. Such parts that
otherwise meet the definition of aluminum extrusions are included in
the scope. The scope includes the aluminum extrusion components that
are attached (e.g., by welding or fasteners) to form subassemblies,
i.e., partially assembled merchandise unless imported as part of the
finished goods `kit' defined further below. The scope does not include
the non-aluminum extrusion components of subassemblies or subject kits.
Subject extrusions may be identified with reference to their end
use, such as fence posts, electrical conduits, door thresholds, carpet
trim, or heat sinks (that do not meet the finished heat sink
exclusionary language below). Such goods are subject merchandise if
they otherwise meet the scope definition, regardless of whether they
are ready for use at the time of importation.
The following aluminum extrusion products are excluded: Aluminum
extrusions made from aluminum alloy with an Aluminum Association series
designations commencing with the number 2 and containing in excess of
1.5 percent copper by weight; aluminum extrusions made from aluminum
alloy with an Aluminum Association series designation commencing with
the number 5 and containing in excess of 1.0 percent magnesium by
weight; and aluminum extrusions made from aluminum alloy with an
Aluminum Association series designation commencing with the number 7
and containing in excess of 2.0 percent zinc by weight.
The scope also excludes finished merchandise containing aluminum
extrusions as parts that are fully and permanently assembled and
completed at the time of entry, such as finished windows with glass,
doors with glass or vinyl, picture frames with glass pane and backing
material, and solar panels. The scope also excludes finished goods
containing aluminum extrusions that are entered unassembled in a
``finished goods kit.'' A finished goods kit is understood to mean a
packaged combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a final
finished good and requires no further finishing or fabrication, such as
cutting or punching, and is assembled ``as is'' into a finished
product. An imported product will not be considered a ``finished goods
kit'' and therefore excluded from the scope of the Order merely by
including fasteners such as screws, bolts, etc. in the packaging with
an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced by
other than the extrusion process, such as aluminum products produced by
a method of casting. Cast aluminum products are properly identified by
four digits with a decimal point between the third and fourth digit. A
letter may also precede the four digits. The following Aluminum
Association designations are representative of aluminum alloys for
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0,
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The
scope also excludes pure, unwrought aluminum in any form.
The scope also excludes collapsible tubular containers composed of
metallic elements corresponding to alloy code 1080A as designated by
the Aluminum Association where the tubular container (excluding the
nozzle) meets each of the following dimensional characteristics: (1)
Length of 37 millimeters (``mm'') or 62 mm, (2) outer diameter of 11.0
mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.
Also excluded from the scope of this order are finished heat sinks.
Finished heat sinks are fabricated heat sinks made from aluminum
extrusions the design and production of which are organized around
meeting certain specified thermal performance requirements and which
have been fully, albeit not necessarily individually, tested to comply
with such requirements.
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.
[[Page 34550]]
Initiation of Changed Circumstances Review
Pursuant to section 751(b) of the Act and 19 CFR 351.216 and
351.221(c)(3), Commerce is initiating a CCR of the antidumping duty
order on aluminum extrusions from China. While Commerce was conducting
the 2016-2017 administrative review,\10\ the Aluminum Extrusions Fair
Trade Committee (the petitioner), brought to Commerce's attention that,
despite the issuance of the CVD Amended Final Determination, which
modified the all-others CVD rate, Commerce never revised the export
subsidy offset applied to the AD cash deposit rates determined for the
21 exporters/producers who retain a separate rate assigned in the LTFV
investigation. In light of the issuance of the CVD Amended Final
Determination, as well as the information raised by the petitioner in
the 2016-2017 administrative review, we have determined that there is
sufficient information of changed circumstances to warrant self-
initiation of a review to consider revision of the AD cash deposit
rates applied to those exporters/producers who continue to be assigned
a separate rate from the LTFV investigation.
---------------------------------------------------------------------------
\10\ See Aluminum Extrusions from the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review
and Rescission of Review in Part; 2016-2017, 83 FR 5604 (February 8,
2018).
---------------------------------------------------------------------------
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a changed circumstances
review and the notice of preliminary results if Commerce concludes that
expedited action is warranted. In this instance, because we believe we
have all the information necessary to make a preliminary finding, and
that modification of the export subsidy offset was permitted on or
after November 2, 2015 (the effective date of the CVD Amended Final
Determination), we find that expedited action is warranted, and have
combined the notice of initiation and the notice of preliminary
results.
Preliminary Results of Expedited Changed Circumstances Review
When it concludes that expedited action is warranted, Commerce may
publish the notice of initiation and preliminary results of a CCR in a
single notice.\11\ As detailed below, expedited action is warranted in
this instance to bring Commerce's application of the export subsidy
offset in accordance with the revised CVD rate issued in the CVD
Amended Final Determination. Accordingly, we are combining the notice
of initiation and the notice of preliminary results, in accordance with
19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
\11\ See 19 CFR 351.221(c)(3)(ii).
---------------------------------------------------------------------------
Based on Commerce's analysis of the information published in the
CVD Amended Final Determination, in accordance with 19 CFR 351.216, we
preliminarily determine that changed circumstances exist, and that the
appropriate cash deposit rate for the 21 exporters/producers who retain
a separate rate assigned in the LTFV investigation should be
recalculated to include the revised CVD export subsidy offsets from the
CVD Amended Final Determination.\12\
---------------------------------------------------------------------------
\12\ See Preliminary Calculation Memorandum.
---------------------------------------------------------------------------
The preliminary cash deposit rates are listed below:
----------------------------------------------------------------------------------------------------------------
Weighted-
average Cash deposit
Exporter Producer dumping margin rate (percent)
(percent)
----------------------------------------------------------------------------------------------------------------
Changshu Changsheng Aluminium Products Co., Changshu Changsheng Aluminium 32.79 32.51
Ltd. Products Co., Ltd.
Cosco (J.M.) Aluminium Co., Ltd............... Cosco (J.M.) Aluminium Co., Ltd/ 32.79 32.51
Jiangmen Qunxing Hardware
Diecasting Co., Ltd.
First Union Property Limited.................. Top-Wok Metal Co., Ltd.......... 32.79 32.51
Foshan Jinlan Non-Ferrous Metal Product Co., Foshan Jinlan Aluminium Co., Ltd 32.79 32.51
Ltd.
Foshan Sanshui Fenglu Aluminium Co., Ltd...... Foshan Sanshui Fenglu Aluminium 32.79 32.51
CO., Ltd.
Guangdong Hao Mei Aluminium Co., Ltd.......... Guangdong Hao Mei Aluminium Co., 32.79 32.51
Ltd.
Guangdong Weiye Aluminum Factory Co., Ltd..... Guangdong Weiye Aluminum Factory 32.79 32.51
Co., Ltd.
Guangdong Xingfa Aluminium Co., Ltd........... Guangdong Xingfa Aluminium Co., 32.79 32.51
Ltd.
Hanwood Enterprises Limited................... Pingguo Aluminium Company 32.79 32.51
Limited.
Honsense Development Company.................. Kanal Precision Aluminium 32.79 32.51
Product Co., Ltd.
Innovative Aluminium (Hong Kong) Limited...... Taishan Golden Gain Aluminum 32.79 32.51
Products Limited.
Jiangyin Trust International Inc.............. Jiangyin Xinhong Doors and 32.79 32.51
Windows Co., Ltd.
Longkou Donghai Trade Co., Ltd................ Shandong Nanshan Aluminum Co., 32.79 32.51
Ltd.
Ningbo Yili Import and Export Co., Ltd........ Zhejiang Anji Xinxiang Aluminum 32.79 32.51
Co., Ltd.
North China Aluminum Co., Ltd................. North China Aluminum Co., Ltd... 32.79 32.51
PanAsia Aluminium (China) Limited............. PanAsia Aluminium (China) 32.79 32.51
Limited.
Pingguo Asia Aluminum Co., Ltd................ Pingguo Asia Aluminum Co., Ltd.. 32.79 32.51
Popular Plastics Co., Ltd..................... Hoi Tat Plastic Mould & Metal 32.79 32.51
Factory.
Tai-Ao Aluminium (Taishan) Co., Ltd........... Tai-Ao Aluminium (Taishan) Co., 32.79 32.51
Ltd.
Tianjin Ruixin Electric Heat Transmission Tianjin Ruixin Electric Heat 32.79 32.51
Technology, Ltd. Transmission Technology, Ltd.
Zhejiang Yongkang Listar Aluminium Industry Zhejiang Yongkang Listar 32.79 32.51
Co., Ltd. Aluminium Industry Co., Ltd.
----------------------------------------------------------------------------------------------------------------
Public Comment
Case briefs from interested parties may be submitted not later than
30 days after the date of publication of this notice.\13\ Rebuttal
briefs, limited to the issues raised in the case briefs, may be filed
no later than 5 days after the submission of case briefs.\14\ Parties
who submit case or rebuttal briefs in this CCR are requested to submit
with each argument: (1) A statement of the issue; and (2) a brief
summary of the argument with an electronic version included.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 321.309(c)(1)(ii).
\14\ See 19 CFR 351.309(d)(1).
\15\ See 19 CFR 351.309(c)(2), and (d)(2).
---------------------------------------------------------------------------
All submissions, with limited exceptions, must be filed
electronically using Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).\16\
ACCESS is available to registered users at https://
[[Page 34551]]
access.trade.gov, and it is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
An electronically filed document must be received successfully in its
entirety by Commerce's electronic records system, ACCESS, by 5 p.m.
Eastern Time (ET) on the deadline.\17\ Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with the APO/Dockets Unit in Room 18022 and stamped with
the date and time of receipt by 5 p.m. ET on the due date.\18\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.303(f).
\17\ See 19 CFR 351.303(b).
\18\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures: Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
---------------------------------------------------------------------------
Any interested party may request a hearing within 30 days of
publication of this notice. Any hearing, if requested, will be held no
later than 37 days after the date of publication of this notice in the
Federal Register, or the first business day thereafter. Persons
interested in attending the hearing, if one is requested, should
contact Commerce for the date and time of the hearing.
Notifications to Interested Parties
Unless extended, consistent with 19 CFR 351.216(e), we intend to
issue the final results of this CCR no later than 270 days after the
date on which this review is initiated, or within 45 days after the
date on which this review is initiated if all parties agree to our
preliminary finding. The final results will include Commerce's analysis
of issues raised in any written comments.
We are issuing and publishing this initiation and preliminary
results notice in accordance with sections 751(b)(1) and 777(i)(1) and
(2) of the Act and sections 351.216 and 351.221(c)(3) of Commerce's
regulations.
Dated: July 16, 2018.
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.
[FR Doc. 2018-15573 Filed 7-19-18; 8:45 am]
BILLING CODE 3510-DS-P
