Aluminum Extrusions From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 22445-22449 [2019-10275]

Download as PDF Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices Dated: May 13, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE International Trade Administration [A–570–967, C–570–968] Appendix I Scope of the Investigation The merchandise covered by this investigation is strontium chromate, regardless of form (including but not limited to, powder (sometimes known as granular), dispersions (sometimes known as paste), or in any solution). The chemical formula for strontium chromate is SrCrO4 and the Chemical Abstracts Service (CAS) registry number is 7789–06–2. Strontium chromate that has been blended with another product or products is included in the scope if the resulting mix contains 15 percent or more of strontium chromate by total formula weight. Products with which strontium chromate may be blended include, but are not limited to, water and solvents such as Aromatic 100 Methyl Amyl Ketone (MAK)/2-Heptanone, Acetone, Glycol Ether EB, Naphtha Leicht, and Xylene. Subject merchandise includes strontium chromate that has been processed in a third country into a product that otherwise would be within the scope of this investigation if processed in the country of manufacture of the in-scope strontium chromate. The merchandise subject to this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 2841.50.9100. Subject merchandise may also enter under HTSUS subheading 3212.90.0050. While the HTSUS subheadings and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II jbell on DSK3GLQ082PROD with NOTICES List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Export Price IX. Constructed Export Price X. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison-Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison-Market Prices XI. Currency Conversion XII. Conclusion [FR Doc. 2019–10283 Filed 5–16–19; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 Aluminum Extrusions From the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders Enforcement & Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that extruded aluminum products that are made from aluminum previously extruded in the People’s Republic of China (China) and are exported from the Socialist Republic of Vietnam (Vietnam), regardless of producer, exporter, or importer, constitute merchandise completed or assembled in other foreign countries and are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from China. Commerce also preliminarily intends to rescind its minor alterations anti-circumvention inquiry. DATES: Applicable May 17, 2019. FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, Office VI, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0167. SUPPLEMENTARY INFORMATION: AGENCY: Background Based on a request from the Aluminum Extrusions Fair Trade Committee (the petitioner),1 on March 5, 2018, Commerce initiated anticircumvention inquiries 2 pursuant to sections 781(b) and (c) of the Tariff Act of 1930, as amended (the Act), regarding imports of certain aluminum extrusions from Vietnam by China Zhongwang Holdings Ltd. and its affiliates 3 1 See Petitioner’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China: Request for Anti-Circumvention Inquiry,’’ dated January 9, 2018 (Anti-Circumvention Request). 2 See Aluminum Extrusions from the People’s Republic of China: Initiation of Anti-Circumvention Inquiries, 83 FR 9267 (March 5, 2018) (Initiation Notice). 3 The petitioner provided names of known, and potential, entities involved in Zhongwang’s import and export of Vietnamese aluminum extrusions. The entities involved in the exportation Vietnamese aluminum extrusions are Chinese, Mexican, Singaporean, U.S., and Vietnamese affiliates of Zhongwang. Through the course of inquiry, we intend to examine in addition to Zhongwang the following affiliated companies: Aluminicaste Fundicion de Mexico (Aluminicaste); Dalian Liwan PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 22445 (collectively, Zhongwang). We also indicated in our Initiation Notice that we intended to consider whether the inquiries should apply to all such imports of extruded aluminum products from Vietnam, regardless of producer, exporter, or importer.4 On March 23, 2018, we issued an anti-circumvention questionnaire to Zhongwang, which did not respond.5 Between May 25, 2018, and July 5, 2018, we received comments and rebuttal comments from the petitioner and East Asia Aluminum Ltd. (East Asia).6 Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.7 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. On February 22, 2019, we extended the final determination deadline until June 7, 2019.8 Scope of the Orders 9 The merchandise covered by the Orders is aluminum extrusions from the People’s Republic of China. The merchandise subject to the Orders is currently classifiable in the Harmonized Trade Co., Ltd.; Tianjin Boruxin Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc, Perfectus Aluminum Acquisitions LLC Pencheng Aluminum Enterprise Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; Century American Aluminum Inc.; and American Apex Aluminum Inc.; Global Vietnam Aluminum Co., Ltd. (GVA); Global Tower Worldwide Ltd. 4 See Initiation Notice, 83 FR at 9268–9269. 5 See Commerce Letters re: Anti-Circumvention Questionnaire, dated March 23, 2018. 6 See Petitioner’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China: Request to Issue Preliminary Determination,’’ dated May 25, 2018; see East Asia Aluminum’s Letter, ‘‘Aluminum Extrusions from China; Anticircumvention— Zhongwang Pallets Vietnam,’’ dated June 22, 2018; see also Petitioner’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China: Response to East Asia Aluminum’s Comments,’’ dated June 5, 2018. 7 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 8 See Commerce Letter, ‘‘Aluminum Extrusions from the People’s Republic of China: Extension of Anti-Circumvention Final Ruling Deadline,’’ dated February 22, 2019. 9 See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011); see also Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders). E:\FR\FM\17MYN1.SGM 17MYN1 jbell on DSK3GLQ082PROD with NOTICES 22446 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices 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: VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 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 the Orders is dispositive.10 Merchandise Subject to the AntiCircumvention Inquiries These anti-circumvention inquiries cover extruded aluminum products that are made from aluminum previously extruded in China that meet the description of the Orders and are exported from Vietnam, regardless of producer, exporter or importer (inquiry merchandise).11 Methodology Commerce is conducting these anticircumvention inquiries in accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and 10 A full description of the scope of the Orders is contained in the memorandum, ‘‘AntiCircumvention Inquiry Regarding the Antidumping Duty and Countervailing Duty Orders on Aluminum Extrusions from the People’s Republic of China: Preliminary Determination Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 11 Commerce initiated its anti-circumvention inquiries to determine whether extruded aluminum products that meet the description of the Orders exported from Vietnam by Zhongwang are circumventing the Orders on aluminum extrusions from China. Commerce also stated in the Initiation Notice that it intended to consider applying the inquiries to all imports of inquiry merchandise from Vietnam, regardless of producer, exporter, or importer. The petitioner provided names of known, and potential, entities involved in Zhongwang’s imports and exports of aluminum extrusions. In addition to Zhongwang, the following companies were named by the petitioner as affiliated companies to Zhongwang: Aluminicaste Fundicion de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc, Perfectus Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; Century American Aluminum Inc.; American Apex Aluminum Inc.; GVA; and Global Tower Worldwide Ltd. Additionally, information on the record suggests that Zhongwang’s affiliate network is growing, thereby creating the opportunity to further evade the Orders. See Anti-Circumvention Request, at Exhibits 1, 4, 5, 6, 10, 11, and 30. Therefore, we preliminarily find that all exports of aluminum extrusions from Vietnam, which are made from aluminum previously extruded in China, regardless of the producer or exporter from China, are covered by the Orders. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, the signed Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of topics discussed in the Preliminary Decision Memorandum is attached at Appendix I of this notice. Affirmative Preliminary Determination of Circumvention Based on our analysis, as detailed in the Preliminary Decision Memorandum, we preliminarily find that the inquiry merchandise constitutes merchandise completed or assembled in a foreign country pursuant to 781(b) of Act that is circumventing, and should be included within the scope of the Orders.12 We have preliminarily determined to apply these circumvention rulings to inquiry merchandise regardless of producer, exporter, or importer, based on evidence provided by the petitioner and adverse facts available.13 In addition, if we affirm our preliminary determination in our final determination, pursuant to section 781(b) of the Act, we intend to rescind the minor alterations anticircumvention inquiry pursuant to section 781(c) of the Act. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of inquiry merchandise from Vietnam sourced from aluminum previously extruded in China, regardless of producer, exporter, or importer, entered, or withdrawn from warehouse, for consumption, on or after March 5, 2018, the date of publication of the initiation of these anticircumvention inquiries. Commerce will also instruct CBP to require a cash deposit of estimated duties at the rate applicable to the exporter, on all unliquidated entries of inquiry merchandise entered, or withdrawn from warehouse, for consumption on or after March 5, 2018. 12 See section 781(b) of the Act; see also 19 CFR 351.225(h). 13 See Preliminary Decision Memorandum, at 7. E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices Intent To Consider Certification Requirement In light of Commerce’s preliminary finding of circumvention, we are considering whether to require importers and exporters of certain aluminum extrusions, which claim their merchandise is not subject to the Orders, to certify that their aluminum extrusions are made from aluminum not previously extruded in China.14 Interested parties are invited to comment on the proposed certifications in their case briefs. jbell on DSK3GLQ082PROD with NOTICES Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.15 Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the due date for filing case briefs.16 Parties who submit case or rebuttal briefs are requested to submit with the argument: (a) A statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities. Parties submitting briefs should do so using Commerce’s electronic filing system, ACCESS. Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. A written request for a hearing must be received successfully in its entirety in ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.17 Hearing requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues parties intend to present at the hearing. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and location to be determined. Final Determination Pursuant to section 781(f) of the Act, the final determination with respect to this anti-circumvention inquiry, including the results of Commerce’s analysis of any written comments, will be issued no later than June 7, 2019, unless extended. This preliminary affirmative anticircumvention determination is published in accordance with section 78l(b) of the Act and 19 CFR 351.225. 14 See Attachments II–IV. 19 CFR 351.309(c). 16 See 19 CFR 351.309(d). 17 See 19 CFR 351.310(c). 15 See VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 Dated: May 10, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to the AntiCircumvention Inquiries V. Analytical Framework for Merchandise Completed or Assembled in Other Foreign Countries VI. Use of Facts Available With an Adverse Inference A. Merchandise of the Same Class or Kind B. Completion of Merchandise in a Foreign Country C. Minor or Insignificant Process (1) Level of Investment (2) Level of Research and Development (3) Nature of Production Process (4) Extent of Production Facilities in Vietnam (5) Value of Processing in Vietnam D. Additional Factors To Consider in Determining Whether Action Is Necessary (1) Pattern of Trade (2) Affiliation (3) Increased Imports VII. Preliminary Determination VIII. Minor Alterations of Merchandise: Intent To Rescind IX. Certification Requirement X. Recommendation Appendix II Certification Eligibility and Requirements A. Eligibility for the Certification (1) Importers and exporters of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam) that were completed in Vietnam using aluminum not previously extruded in the People’s Republic of China (China) are eligible for the certification process detailed below and in the preliminary determination. B. Certification Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (1) For entries of aluminum extrusions completed in Vietnam that were entered, or withdrawn from warehouse, for consumption on or after March 5, 2018 (the date of initiation of this anticircumvention inquiry), for which the importer claims that the aluminum extrusions were completed (including extruded) in Vietnam using aluminum not previously extruded in China, the importer and exporter are required to meet the certification and documentation requirements detailed below in order for no AD and/or CVD cash deposit to be required on such entries. (2) The importer is required to complete and maintain the importer certification, attached as Appendix III. Where the importer uses an agent or broker to facilitate the entry PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 22447 process, it must obtain and provide the entry number as part of the certification. Agents of the importer, such as brokers, however, are not permitted to make this certification on behalf of the importer. (3) The exporter is required to complete and maintain the exporter certification, attached as Appendix IV. The exporter certification should be completed by the party selling the merchandise completed in Vietnam to the United States, which is not necessarily the producer of the product. (4) The exporter is further required to provide the importer with a copy of the exporter certification. (5) The importer is also required to maintain a copy of the exporter certification. (6) The importer and exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications. (7) The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. (8) Although the importer will not be required to submit the certifications or supporting documentation to U.S. Customs and Border Protection (CBP) as part of the entry process, the importer and the exporter will be required to present the certifications and supporting documentation, to Commerce and/or CBP, as applicable, upon request by the respective agency. (9) The claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP. C. Certification Timing Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (1) For unliquidated entries of merchandise (a) shipped and/or (b) entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of initiation of this anti-circumvention inquiry), through the 29th day after the date of publication of the preliminary determination in the Federal Register, for which certifications are required: (a) The importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. Importer and exporter certifications for these entries should be completed, signed and dated within 45 days of publication of the preliminary determination in the Federal Register. Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, the bullet in the importer certification that reads: ‘‘This certification was completed by the time of filing the entry summary,’’ could be edited as follows: ‘‘The shipments/products referenced herein entered before the mm/dd/yyyy publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication.’’ E:\FR\FM\17MYN1.SGM 17MYN1 22448 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices jbell on DSK3GLQ082PROD with NOTICES Similarly, the bullet in the exporter certification that reads, ‘‘This certification was completed by the time of shipment,’’ could be edited as follows: ‘‘The shipments/ products referenced herein shipped before the mm/dd/yyyy publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication.’’ (b) Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the publication of the preliminary determination in the Federal Register. (2) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after the date that is 30 days after publication of the preliminary determination in the Federal Register, for which certifications are required: (a) The importer certification must be completed, signed, and dated by the deadline for filing of the entry summary for the relevant importation; and (b) The exporter certification must be completed, signed, dated and provided to the importer by the time of shipment of the relevant entries. D. Importers and Exporters Not Eligible for the Certification Process (1) Importers and exporters of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam): • That were completed (included extruded) in Vietnam using aluminum previously extruded in China and/or • that do not meet the certification requirements detailed above are not eligible for the certification process detailed above and in the preliminary determination. (2) For aluminum extrusions completed in Vietnam from aluminum previously extruded in China and, thus, subject to the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People’s Republic of China, A–570– 967 and C–570–968, Commerce has established the following third-country case numbers in the Automated Commercial Environment (ACE): A–552–998 and C–552– 999. (3) For unliquidated entries (and entries for which liquidation has not become final) of merchandise not eligible for the certifications, that entered as non-AD/CVD type entries (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of initiation of this anti-circumvention inquiry) through the date of publication of the preliminary determination in the Federal Register, importers should file a Post Summary Correction with CBP, as applicable, in accordance with CBP’s regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type (e.g., types 03, 06,) entries and report those AD/CVD type entries using the third-country case numbers, A–552–998 and C–552–999. Similarly, the importer should pay cash deposits on those entries, consistent with the regulations governing post summary corrections, that require payment of additional duties. VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 (4) Further, Commerce intends to instruct CBP to suspend (under the third-country case numbers identified above) all unliquidated shipments of aluminum extrusions completed in Vietnam for which the certification and/or documentation requirements have not been met, and to require the importer to post applicable AD and CVD cash deposits equal to the rates as determined by Commerce. Entries suspended under these third-country case numbers will be liquidated pursuant to applicable administrative reviews of the China AD and CVD orders or through the automatic liquidation process. Appendix III Importer Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME} and I am an official of {INSERT NAME OF IMPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the aluminum extrusions completed in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own records. For example, the importer should have ‘‘direct personal knowledge’’ of the importation of the product (e.g., the name of the exporter) in its records; • I have personal knowledge of the facts regarding the production of the imported products covered by this certification. ‘‘Personal knowledge’’ includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the substrate used to produce the imported products); • The aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; • I understand that {INSERT NAME OF IMPORTING COMPANY}is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter’s certification, (attesting to the production and/ or export of the imported merchandise identified above), for the later of (1) a period of five years from the date of entry or (2) a PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 period of three years after the conclusion of any litigation in United States courts regarding such entries; • I understand that {INSERT NAME OF IMPORTING COMPANY}is required to maintain and provide a copy of the exporter’s certification and supporting records, upon request, to CBP and/or Commerce; • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and Æ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates determined by Commerce; • I understand that agents of the importer, such as brokers, are not permitted to make this certification; • This certification was completed by the time of filing the entry summary; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE Appendix IV Exporter Certification I hereby certify that: • My name is {INSERT COMPANY OFFICIAL’S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY}; • I have direct personal knowledge of the facts regarding the production and exportation of the aluminum extrusions identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have ‘‘direct personal knowledge’’ of the producer’s identity and location; • Thee aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China, regardless of whether sourced directly from a Chinese producer or from a downstream supplier; • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries; E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Notices • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment. • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce); • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce; • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in: Æ Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and Æ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates as determined by Commerce; • This certification was completed by the time of shipment; and • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government. Signature NAME OF COMPANY OFFICIAL TITLE DATE [FR Doc. 2019–10275 Filed 5–16–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] Certain Steel Nails From the People’s Republic of China: Final Results of the Expedited Sunset Review of the Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty order on certain steel nails (nails) from the People’s Republic of China (China) would be likely to lead to a continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable May 17, 2019. FOR FURTHER INFORMATION CONTACT: Susan S. Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of jbell on DSK3GLQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:05 May 16, 2019 Jkt 247001 Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4031. Background On August 1, 2008, Commerce published in the Federal Register the antidumping duty order on nails from China.1 On December 3, 2018, Commerce published the notice of initiation of the five-year review of the China Nails Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On December 4, 2018, Commerce received a Notice of Intent to Participate in this review from domestic interested party Mid Continent Steel & Wire, Inc. (Mid Continent) within the deadline specified in 19 CFR 351.218(d)(1)(i).3 Mid Continent claimed interested party status under section 771(9)(C) of the Act, as manufacturer of a domestic like product in the United States.4 On January 2, 2019, Mid Continent provided a timely and complete substantive response for this review within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 We received no substantive responses from any other interested parties, nor was a hearing requested. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of the China Nails Order. Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.6 If the tolled deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for this final determination is now May 13, 2019. 1 See Notice of Antidumping Duty Order: Certain Steel Nails from the People’s Republic of China, 73 FR 44961 (August 1, 2008) (China Nails Order). 2 See Initiation of Five-Year (Sunset) Reviews, 83 FR 62296 (December 3, 2018). 3 See Letter from Mid Continent, ‘‘Certain Steel Nails from the People’s Republic of China: Entry of Appearance, Notice of Intent to Participate in Review, and APO Application,’’ dated December 4, 2018. 4 Id. at 1–2. 5 See Letter from Mid Continent, ‘‘Certain Steel Nails from the People’s Republic of China: Substantive Response to Notice of Initiation,’’ dated January 2, 2018 (Substantive Response). 6 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 22449 Scope of the Order The merchandise covered by the China Nails Order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails include, but are not limited to, nails made of round wire and nails that are cut. Certain steel nails may be of one piece construction, or constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and have a variety of finishes, heads, shanks, point types, shaft lengths and shaft diameters. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, whether by electroplating or hot dipping one or more times), phosphate cement, and paint. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted shank styles. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the fastener using a tool that engages with the head. Point styles include, but are not limited to, diamond, blunt, needle, chisel and no point. Finished nails may be sold in bulk, or they may be collated into strips or coils using materials such as plastic, paper, or wire. Certain steel nails subject to this order are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65, 7317.00.75, 7907.00.6000,7 7318.29.0000, and 8206.00.0000.8 Excluded from the scope of this order are steel roofing nails of all lengths and diameter, whether collated or in bulk, and whether or not galvanized. Steel roofing nails are specifically enumerated and identified in ASTM Standard F 1667 (2005 revision) as Type I, Style 20 nails. Also excluded from the scope are the following steel nails: (1) Non-collated (i.e., hand-driven or bulk), two-piece steel nails having plastic or steel washers (caps) already assembled to the nail, having a bright or galvanized finish, a ring, fluted or spiral shank, an actual length of 0.500″ to 8″, inclusive; 7 Commerce added the Harmonized Tariff Schedule of the United States (HTSUS) category 7907.00.6000, ‘‘Other articles of zinc: Other,’’ to the language of the Order. See Memorandum to Gary Taverman, Senior Advisor for Antidumping and Countervailing Duty Operations, through James C. Doyle, Director, Office 9, Antidumping and Countervailing Duty Operations, regarding ‘‘Certain Steel Nails from the People’s Republic of China: Cobra Anchors Co. Ltd. Final Scope Ruling,’’ dated September 19, 2013. 8 Commerce added the HTS categories 7318.29.000 and 8206.00.0000 per a request by U.S. Customs and Border Protection on February 24, 2017. E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22445-22449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10275]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that extruded aluminum products that are made from aluminum previously 
extruded in the People's Republic of China (China) and are exported 
from the Socialist Republic of Vietnam (Vietnam), regardless of 
producer, exporter, or importer, constitute merchandise completed or 
assembled in other foreign countries and are circumventing the 
antidumping duty (AD) and countervailing duty (CVD) orders on aluminum 
extrusions from China. Commerce also preliminarily intends to rescind 
its minor alterations anti-circumvention inquiry.

DATES: Applicable May 17, 2019.

FOR FURTHER INFORMATION CONTACT: Erin Kearney, AD/CVD Operations, 
Office VI, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-0167.

SUPPLEMENTARY INFORMATION:

Background

    Based on a request from the Aluminum Extrusions Fair Trade 
Committee (the petitioner),\1\ on March 5, 2018, Commerce initiated 
anti-circumvention inquiries \2\ pursuant to sections 781(b) and (c) of 
the Tariff Act of 1930, as amended (the Act), regarding imports of 
certain aluminum extrusions from Vietnam by China Zhongwang Holdings 
Ltd. and its affiliates \3\ (collectively, Zhongwang). We also 
indicated in our Initiation Notice that we intended to consider whether 
the inquiries should apply to all such imports of extruded aluminum 
products from Vietnam, regardless of producer, exporter, or 
importer.\4\ On March 23, 2018, we issued an anti-circumvention 
questionnaire to Zhongwang, which did not respond.\5\ Between May 25, 
2018, and July 5, 2018, we received comments and rebuttal comments from 
the petitioner and East Asia Aluminum Ltd. (East Asia).\6\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Request for Anti-Circumvention 
Inquiry,'' dated January 9, 2018 (Anti-Circumvention Request).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Anti-Circumvention Inquiries, 83 FR 9267 (March 5, 
2018) (Initiation Notice).
    \3\ The petitioner provided names of known, and potential, 
entities involved in Zhongwang's import and export of Vietnamese 
aluminum extrusions. The entities involved in the exportation 
Vietnamese aluminum extrusions are Chinese, Mexican, Singaporean, 
U.S., and Vietnamese affiliates of Zhongwang. Through the course of 
inquiry, we intend to examine in addition to Zhongwang the following 
affiliated companies: Aluminicaste Fundicion de Mexico 
(Aluminicaste); Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin 
Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc, 
Perfectus Aluminum Acquisitions LLC Pencheng Aluminum Enterprise 
Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum 
Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; 
Century American Aluminum Inc.; and American Apex Aluminum Inc.; 
Global Vietnam Aluminum Co., Ltd. (GVA); Global Tower Worldwide Ltd.
    \4\ See Initiation Notice, 83 FR at 9268-9269.
    \5\ See Commerce Letters re: Anti-Circumvention Questionnaire, 
dated March 23, 2018.
    \6\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Request to Issue Preliminary 
Determination,'' dated May 25, 2018; see East Asia Aluminum's 
Letter, ``Aluminum Extrusions from China; Anticircumvention--
Zhongwang Pallets Vietnam,'' dated June 22, 2018; see also 
Petitioner's Letter, ``Aluminum Extrusions from the People's 
Republic of China: Response to East Asia Aluminum's Comments,'' 
dated June 5, 2018.
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\7\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. On February 
22, 2019, we extended the final determination deadline until June 7, 
2019.\8\
---------------------------------------------------------------------------

    \7\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \8\ See Commerce Letter, ``Aluminum Extrusions from the People's 
Republic of China: Extension of Anti-Circumvention Final Ruling 
Deadline,'' dated February 22, 2019.
---------------------------------------------------------------------------

Scope of the Orders 9
---------------------------------------------------------------------------

    \9\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); see also 
Aluminum Extrusions from the People's Republic of China: 
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively, 
the Orders).
---------------------------------------------------------------------------

    The merchandise covered by the Orders is aluminum extrusions from 
the People's Republic of China. The merchandise subject to the Orders 
is currently classifiable in the Harmonized

[[Page 22446]]

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 the Orders is 
dispositive.\10\
---------------------------------------------------------------------------

    \10\ A full description of the scope of the Orders is contained 
in the memorandum, ``Anti-Circumvention Inquiry Regarding the 
Antidumping Duty and Countervailing Duty Orders on Aluminum 
Extrusions from the People's Republic of China: Preliminary 
Determination Decision Memorandum,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Merchandise Subject to the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover extruded aluminum products 
that are made from aluminum previously extruded in China that meet the 
description of the Orders and are exported from Vietnam, regardless of 
producer, exporter or importer (inquiry merchandise).\11\
---------------------------------------------------------------------------

    \11\ Commerce initiated its anti-circumvention inquiries to 
determine whether extruded aluminum products that meet the 
description of the Orders exported from Vietnam by Zhongwang are 
circumventing the Orders on aluminum extrusions from China. Commerce 
also stated in the Initiation Notice that it intended to consider 
applying the inquiries to all imports of inquiry merchandise from 
Vietnam, regardless of producer, exporter, or importer. The 
petitioner provided names of known, and potential, entities involved 
in Zhongwang's imports and exports of aluminum extrusions. In 
addition to Zhongwang, the following companies were named by the 
petitioner as affiliated companies to Zhongwang: Aluminicaste 
Fundicion de Mexico; Dalian Liwan Trade Co., Ltd.; Tianjin Boruxin 
Trading Co., Ltd.; Dragon Luxe Limited; Perfectus Aluminum Inc, 
Perfectus Aluminum Acquisitions LLC; Pencheng Aluminum Enterprise 
Inc. USA; Transport Aluminum Inc.; Aluminum Source Inc.; Aluminum 
Industrial Inc.; Global Aluminum (USA) Inc.; Aluminum Shapes, LLC; 
Century American Aluminum Inc.; American Apex Aluminum Inc.; GVA; 
and Global Tower Worldwide Ltd. Additionally, information on the 
record suggests that Zhongwang's affiliate network is growing, 
thereby creating the opportunity to further evade the Orders. See 
Anti-Circumvention Request, at Exhibits 1, 4, 5, 6, 10, 11, and 30. 
Therefore, we preliminarily find that all exports of aluminum 
extrusions from Vietnam, which are made from aluminum previously 
extruded in China, regardless of the producer or exporter from 
China, are covered by the Orders.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting these anti-circumvention inquiries in 
accordance with section 781(b) of the Act and 19 CFR 351.225(h). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov and is available to all parties in the Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, the signed Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of topics discussed in the Preliminary 
Decision Memorandum is attached at Appendix I of this notice.

Affirmative Preliminary Determination of Circumvention

    Based on our analysis, as detailed in the Preliminary Decision 
Memorandum, we preliminarily find that the inquiry merchandise 
constitutes merchandise completed or assembled in a foreign country 
pursuant to 781(b) of Act that is circumventing, and should be included 
within the scope of the Orders.\12\ We have preliminarily determined to 
apply these circumvention rulings to inquiry merchandise regardless of 
producer, exporter, or importer, based on evidence provided by the 
petitioner and adverse facts available.\13\ In addition, if we affirm 
our preliminary determination in our final determination, pursuant to 
section 781(b) of the Act, we intend to rescind the minor alterations 
anti-circumvention inquiry pursuant to section 781(c) of the Act.
---------------------------------------------------------------------------

    \12\ See section 781(b) of the Act; see also 19 CFR 351.225(h).
    \13\ See Preliminary Decision Memorandum, at 7.
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), Commerce will direct U.S. 
Customs and Border Protection (CBP) to suspend liquidation of inquiry 
merchandise from Vietnam sourced from aluminum previously extruded in 
China, regardless of producer, exporter, or importer, entered, or 
withdrawn from warehouse, for consumption, on or after March 5, 2018, 
the date of publication of the initiation of these anti-circumvention 
inquiries. Commerce will also instruct CBP to require a cash deposit of 
estimated duties at the rate applicable to the exporter, on all 
unliquidated entries of inquiry merchandise entered, or withdrawn from 
warehouse, for consumption on or after March 5, 2018.

[[Page 22447]]

Intent To Consider Certification Requirement

    In light of Commerce's preliminary finding of circumvention, we are 
considering whether to require importers and exporters of certain 
aluminum extrusions, which claim their merchandise is not subject to 
the Orders, to certify that their aluminum extrusions are made from 
aluminum not previously extruded in China.\14\ Interested parties are 
invited to comment on the proposed certifications in their case briefs.
---------------------------------------------------------------------------

    \14\ See Attachments II-IV.
---------------------------------------------------------------------------

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice.\15\ Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the due date for filing case briefs.\16\ Parties 
who submit case or rebuttal briefs are requested to submit with the 
argument: (a) A statement of the issue, (b) a brief summary of the 
argument, and (c) a table of authorities. Parties submitting briefs 
should do so using Commerce's electronic filing system, ACCESS.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.309(c).
    \16\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. A written request for a hearing must be received successfully 
in its entirety in ACCESS, by 5:00 p.m. Eastern Time, within 30 days 
after the date of publication of this notice.\17\ Hearing requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues parties intend to 
present at the hearing. If a request for a hearing is made, Commerce 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and location to 
be determined.
---------------------------------------------------------------------------

    \17\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Final Determination

    Pursuant to section 781(f) of the Act, the final determination with 
respect to this anti-circumvention inquiry, including the results of 
Commerce's analysis of any written comments, will be issued no later 
than June 7, 2019, unless extended.
    This preliminary affirmative anti-circumvention determination is 
published in accordance with section 78l(b) of the Act and 19 CFR 
351.225.

    Dated: May 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiries
V. Analytical Framework for Merchandise Completed or Assembled in 
Other Foreign Countries
VI. Use of Facts Available With an Adverse Inference
    A. Merchandise of the Same Class or Kind
    B. Completion of Merchandise in a Foreign Country
    C. Minor or Insignificant Process
    (1) Level of Investment
    (2) Level of Research and Development
    (3) Nature of Production Process
    (4) Extent of Production Facilities in Vietnam
    (5) Value of Processing in Vietnam
    D. Additional Factors To Consider in Determining Whether Action 
Is Necessary
    (1) Pattern of Trade
    (2) Affiliation
    (3) Increased Imports
VII. Preliminary Determination
VIII. Minor Alterations of Merchandise: Intent To Rescind
IX. Certification Requirement
X. Recommendation

Appendix II

Certification Eligibility and Requirements

A. Eligibility for the Certification

    (1) Importers and exporters of aluminum extrusions from the 
Socialist Republic of Vietnam (Vietnam) that were completed in 
Vietnam using aluminum not previously extruded in the People's 
Republic of China (China) are eligible for the certification process 
detailed below and in the preliminary determination.

B. Certification Requirements for Importers and Exporters of 
Aluminum Extrusions Completed in Vietnam Using Aluminum Not 
Previously Extruded in China

    (1) For entries of aluminum extrusions completed in Vietnam that 
were entered, or withdrawn from warehouse, for consumption on or 
after March 5, 2018 (the date of initiation of this 
anticircumvention inquiry), for which the importer claims that the 
aluminum extrusions were completed (including extruded) in Vietnam 
using aluminum not previously extruded in China, the importer and 
exporter are required to meet the certification and documentation 
requirements detailed below in order for no AD and/or CVD cash 
deposit to be required on such entries.
    (2) The importer is required to complete and maintain the 
importer certification, attached as Appendix III. Where the importer 
uses an agent or broker to facilitate the entry process, it must 
obtain and provide the entry number as part of the certification. 
Agents of the importer, such as brokers, however, are not permitted 
to make this certification on behalf of the importer.
    (3) The exporter is required to complete and maintain the 
exporter certification, attached as Appendix IV. The exporter 
certification should be completed by the party selling the 
merchandise completed in Vietnam to the United States, which is not 
necessarily the producer of the product.
    (4) The exporter is further required to provide the importer 
with a copy of the exporter certification.
    (5) The importer is also required to maintain a copy of the 
exporter certification.
    (6) The importer and exporter are also required to maintain 
sufficient documentation (as indicated in the certifications) 
supporting their certifications.
    (7) The importer and exporter are required to maintain the 
certifications and supporting documentation for the later of (1) a 
period of five years from the date of entry or (2) a period of three 
years after the conclusion of any litigation in United States courts 
regarding such entries.
    (8) Although the importer will not be required to submit the 
certifications or supporting documentation to U.S. Customs and 
Border Protection (CBP) as part of the entry process, the importer 
and the exporter will be required to present the certifications and 
supporting documentation, to Commerce and/or CBP, as applicable, 
upon request by the respective agency.
    (9) The claims made in the certifications and any supporting 
documentation are subject to verification by Commerce and/or CBP.

C. Certification Timing Requirements for Importers and Exporters of 
Aluminum Extrusions Completed in Vietnam Using Aluminum Not 
Previously Extruded in China

    (1) For unliquidated entries of merchandise (a) shipped and/or 
(b) entered, or withdrawn from warehouse, for consumption during the 
period, March 5, 2018 (the date of initiation of this anti-
circumvention inquiry), through the 29th day after the date of 
publication of the preliminary determination in the Federal 
Register, for which certifications are required:
    (a) The importers and exporters each have the option to complete 
a blanket certification covering multiple entries, individual 
certifications for each entry, or a combination thereof. Importer 
and exporter certifications for these entries should be completed, 
signed and dated within 45 days of publication of the preliminary 
determination in the Federal Register.
    Accordingly, the relevant bullet in the certification should be 
edited to reflect that the certification was completed within this 
time frame. For example, the bullet in the importer certification 
that reads: ``This certification was completed by the time of filing 
the entry summary,'' could be edited as follows: ``The shipments/
products referenced herein entered before the mm/dd/yyyy publication 
of the Preliminary Determination Federal Register notice. This 
certification was completed on mm/dd/yyyy, within 45 days of the 
Federal Register notice publication.''

[[Page 22448]]

    Similarly, the bullet in the exporter certification that reads, 
``This certification was completed by the time of shipment,'' could 
be edited as follows: ``The shipments/products referenced herein 
shipped before the mm/dd/yyyy publication of the Preliminary 
Determination Federal Register notice. This certification was 
completed on mm/dd/yyyy, within 45 days of the Federal Register 
notice publication.''
    (b) Additionally, the exporter must provide the importer a copy 
of the exporter certification within 45 days of the publication of 
the preliminary determination in the Federal Register.
    (2) For subject merchandise (1) shipped and/or (2) entered, or 
withdrawn from warehouse, for consumption on or after the date that 
is 30 days after publication of the preliminary determination in the 
Federal Register, for which certifications are required:
    (a) The importer certification must be completed, signed, and 
dated by the deadline for filing of the entry summary for the 
relevant importation; and
    (b) The exporter certification must be completed, signed, dated 
and provided to the importer by the time of shipment of the relevant 
entries.

D. Importers and Exporters Not Eligible for the Certification 
Process

    (1) Importers and exporters of aluminum extrusions from the 
Socialist Republic of Vietnam (Vietnam):
     That were completed (included extruded) in Vietnam 
using aluminum previously extruded in China and/or
     that do not meet the certification requirements 
detailed above are not eligible for the certification process 
detailed above and in the preliminary determination.
    (2) For aluminum extrusions completed in Vietnam from aluminum 
previously extruded in China and, thus, subject to the antidumping 
duty (AD) and countervailing duty (CVD) orders on aluminum 
extrusions from the People's Republic of China, A-570-967 and C-570-
968, Commerce has established the following third-country case 
numbers in the Automated Commercial Environment (ACE): A-552-998 and 
C-552-999.
    (3) For unliquidated entries (and entries for which liquidation 
has not become final) of merchandise not eligible for the 
certifications, that entered as non-AD/CVD type entries (e.g., type 
01) that were shipped and/or entered, or withdrawn from warehouse, 
for consumption during the period, March 5, 2018 (the date of 
initiation of this anti-circumvention inquiry) through the date of 
publication of the preliminary determination in the Federal 
Register, importers should file a Post Summary Correction with CBP, 
as applicable, in accordance with CBP's regulations, regarding 
conversion of such entries from non-AD/CVD type entries to AD/CVD 
type (e.g., types 03, 06,) entries and report those AD/CVD type 
entries using the third-country case numbers, A-552-998 and C-552-
999. Similarly, the importer should pay cash deposits on those 
entries, consistent with the regulations governing post summary 
corrections, that require payment of additional duties.
    (4) Further, Commerce intends to instruct CBP to suspend (under 
the third-country case numbers identified above) all unliquidated 
shipments of aluminum extrusions completed in Vietnam for which the 
certification and/or documentation requirements have not been met, 
and to require the importer to post applicable AD and CVD cash 
deposits equal to the rates as determined by Commerce. Entries 
suspended under these third-country case numbers will be liquidated 
pursuant to applicable administrative reviews of the China AD and 
CVD orders or through the automatic liquidation process.

Appendix III

Importer Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {INSERT NAME OF IMPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the importation into the Customs territory of the United States of 
the aluminum extrusions completed in Vietnam that entered under 
entry number(s) {INSERT ENTRY NUMBER(S){time}  and are covered by 
this certification. ``Direct personal knowledge'' refers to facts 
the certifying party is expected to have in its own records. For 
example, the importer should have ``direct personal knowledge'' of 
the importation of the product (e.g., the name of the exporter) in 
its records;
     I have personal knowledge of the facts regarding the 
production of the imported products covered by this certification. 
``Personal knowledge'' includes facts obtained from another party, 
(e.g., correspondence received by the importer (or exporter) from 
the producer regarding the source of the substrate used to produce 
the imported products);
     The aluminum extrusions completed (including extruded) 
in Vietnam do not contain aluminum previously extruded in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
and sufficient documentation supporting this certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
productions records, invoices, etc.) for the later of (1) a period 
of five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time} is required to provide this certification and 
supporting records, upon request, to U.S. Customs and Border 
Protection (CBP) and/or the Department of Commerce (Commerce);
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time}  is required to maintain a copy of the exporter's 
certification, (attesting to the production and/or export of the 
imported merchandise identified above), for the later of (1) a 
period of five years from the date of entry or (2) a period of three 
years after the conclusion of any litigation in United States courts 
regarding such entries;
     I understand that {INSERT NAME OF IMPORTING 
COMPANY{time} is required to maintain and provide a copy of the 
exporter's certification and supporting records, upon request, to 
CBP and/or Commerce;
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met; and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) and countervailing duty (CVD) cash deposits 
(as appropriate) equal to the rates determined by Commerce;
     I understand that agents of the importer, such as 
brokers, are not permitted to make this certification;
     This certification was completed by the time of filing 
the entry summary; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.

Signature

NAME OF COMPANY OFFICIAL

TITLE

DATE

Appendix IV

Exporter Certification

    I hereby certify that:
     My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time}  
and I am an official of {INSERT NAME OF EXPORTING COMPANY{time} ;
     I have direct personal knowledge of the facts regarding 
the production and exportation of the aluminum extrusions identified 
below. ``Direct personal knowledge'' refers to facts the certifying 
party is expected to have in its own books and records. For example, 
an exporter should have ``direct personal knowledge'' of the 
producer's identity and location;
     Thee aluminum extrusions completed (including extruded) 
in Vietnam do not contain aluminum previously extruded in China, 
regardless of whether sourced directly from a Chinese producer or 
from a downstream supplier;
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to maintain a copy of this certification 
and sufficient documentation supporting this certification (i.e., 
documents maintained in the normal course of business, or documents 
obtained by the certifying party, for example, mill certificates, 
productions records, invoices, etc.) for the later of (1) a period 
of five years from the date of entry or (2) a period of three years 
after the conclusion of any litigation in the United States courts 
regarding such entries;

[[Page 22449]]

     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  must provide this Exporter Certification to the U.S. 
importer by the time of shipment.
     I understand that {INSERT NAME OF EXPORTING 
COMPANY{time}  is required to provide a copy of this certification 
and supporting records, upon request, to U.S. Customs and Border 
Protection (CBP) and/or the Department of Commerce (Commerce);
     I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce;
     I understand that failure to maintain the required 
certification and/or failure to substantiate the claims made herein 
will result in:
    [cir] Suspension of all unliquidated entries (and entries for 
which liquidation has not become final) for which these requirements 
were not met; and
    [cir] the requirement that the importer post applicable 
antidumping duty (AD) and countervailing duty (CVD) cash deposits 
(as appropriate) equal to the rates as determined by Commerce;
     This certification was completed by the time of 
shipment; and
     I am aware that U.S. law (including, but not limited 
to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who 
knowingly and willfully make materially false statements to the U.S. 
government.

Signature

NAME OF COMPANY OFFICIAL

TITLE

DATE

[FR Doc. 2019-10275 Filed 5-16-19; 8:45 am]
 BILLING CODE 3510-DS-P