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]
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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
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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
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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
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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).
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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:
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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.
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Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, the signed Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. 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.
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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.
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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
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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
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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.’’
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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]
-----------------------------------------------------------------------
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
https://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, the signed Preliminary Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. 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.
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\14\ See Attachments II-IV.
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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.
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\15\ See 19 CFR 351.309(c).
\16\ See 19 CFR 351.309(d).
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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.
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\17\ See 19 CFR 351.310(c).
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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
