Aluminum Extrusions From the People's Republic of China: Rescission of Antidumping and Countervailing Duty Circumvention Inquiries, 12512-12513 [2020-04345]

Download as PDF 12512 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices 351.225(k). Accordingly, because unpatented R–421A is not specifically excluded from the Order, a circumvention analysis and determination is warranted for the unpatented R–421A blends, under 19 CFR 351.225(g). As detailed in the Preliminary Decision Memorandum, we preliminarily determine, pursuant to section 781(a) of the Tariff Act, that imports of unpatented R–421A from China are circumventing the Order. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), Commerce will instruct CBP to suspend liquidation of all unpatented R–421A (as defined in the Merchandise Subject to the AntiCircumvention Inquiry section above) from China that are entered, or withdrawn from warehouse, for consumption on or after June 18, 2019, the date of initiation of this anticircumvention inquiry.9 CBP shall require cash deposits in accordance with those rates prevailing at the time of entry, depending upon the exporter in question. At this time, we have not included a certification requirement; however, based upon comments from interested parties, we may add such a certification requirement for the final determination. Public Comment lotter on DSKBCFDHB2PROD with NOTICES Interested parties may submit case briefs to Commerce no later than 14 days after the date of publication of this notice.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.11 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 Case and rebuttal briefs should be filed electronically via ACCESS.13 9 See, e.g., Anti-circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998), unchanged in Anti-Circumvention Inquiry of the Antidumping Duty Order on Certain Pasta from Italy: Affirmative Final Determination of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675–6 (October 13, 1998). 10 Commerce is exercising its discretion, under 19 CFR 351.309(c)(1)(ii), to alter the time limit for filing of case briefs. 11 Commerce is exercising its discretion, under 19 CFR 351.309(d)(1), to alter the time limit for filing of rebuttal briefs. 12 See 19 CFR 351.309(c)(2) and (d)(2). 13 See 19 CFR 351.303. VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically and received successfully in its entirety, via ACCESS by 5:00 p.m. Eastern Time within 14 days after the date of publication of this notice.14 Hearing requests should contain: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the date and time for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.15 Postponement of Final Determination Section 781(f) of the Act provides that, to the maximum extent practicable, Commerce shall make its anticircumvention determinations within 300 days from the date of initiation of the inquiry. We determine that it is not practicable to make a final determination in this anticircumvention inquiry by the current deadline of April 13, 2020, because Commerce will require additional time to notify the U.S. International Trade Commission (ITC), and to review and analyze case and rebuttal briefs. Therefore, we are extending the time period for issuing the final determination in this inquiry by 45 days, to May 28, 2020. Notification to the ITC Consistent with section 781(e) of the Act, Commerce is notifying the ITC of this affirmative preliminary determination to include the merchandise subject to this inquiry within the AD order on HFC blends from China. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning Commerce’s proposed inclusion of the subject merchandise. These consultations must be concluded within 15 days after the date of the request. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days to provide written advice to Commerce. Notification to Interested Parties This notice is published in accordance with section 781(a) of the Act and 19 CFR 351.225(g). 14 See 19 CFR 351.310(c). 15 Id. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Dated: February 25, 2020. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Merchandise Subject to the Scope and Anti-Circumvention Inquiry IV. Scope of the Order V. Statutory and Regulatory Framework for Scope Inquiry VI. Interested Party Scope Comments VII. Commerce’s Scope Determination VIII. Period of Anti-Circumvention Inquiry IX. Surrogate Countries and Methodology for Valuing Inputs From China X. Statutory and Regulatory Framework for Anti-Circumvention Inquiry XI. Use of Facts Available With An Adverse Inference XII. Allegations of Circumvention as Identified in the Initiation of Inquiry XIII. Anti-Circumvention Analysis XIV. Intent To Consider Certification Requirement XV. Country-Wide Determination XVI. Recommendation [FR Doc. 2020–04354 Filed 3–2–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–967; C–570–968] Aluminum Extrusions From the People’s Republic of China: Rescission of Antidumping and Countervailing Duty Circumvention Inquiries Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) is rescinding the anticircumvention inquiries on aluminum extrusions from the People’s Republic of China (China) that were initiated on May 6, 2019. SUMMARY: DATES: Applicable March 3, 2020. Fred Baker, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background On May 26, 2011, Commerce published antidumping (AD) and countervailing duty (CVD) orders on E:\FR\FM\03MRN1.SGM 03MRN1 Federal Register / Vol. 85, No. 42 / Tuesday, March 3, 2020 / Notices lotter on DSKBCFDHB2PROD with NOTICES aluminum extrusions from China.1 On May 6, 2019, in response to a request from Air Master Awning LLC (Air Master), Commerce initiated anticircumvention inquiries regarding the Orders with respect to aluminum window frame extrusions processed into aluminum jalousie shutters (jalousie shutters) in the Dominican Republic, and also self-initiated a scope inquiry to determine whether the jalousie shutters at issue are merchandise covered by the scope of the Orders.2 On May 24, 2019, Commerce invited interested parties to submit comments on whether the jalousie shutters are merchandise covered by the scope of the Orders.3 On June 11, 2019, we received comments from Aluvinsa Industrial SRL (Aluvinsa), a Dominican producer and exporter of jalousie shutters.4 In June 2019, we received comments 5 and rebuttal comments 6 from Air Master. We also received letters in support of Air Master’s submission from the Aluminum Extrusions Fair Trade Committee (the petitioner).7 On October 15, 2019, Commerce issued a final scope ruling, in which it determined that the jalousie shutters processed in the Dominican Republic from Chinese 1 See Aluminum Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum Extrusions from the People’s Republic of China: Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders). 2 See Aluminum Extrusions from the People’s Republic of China: Initiation of Anti-Circumvention and Scope Inquiries on the Antidumping Duty and Countervailing Duty Orders, 84 FR 19757 (May 6, 2019). 3 See Commerce’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China: Initiation of Scope Inquiries on Window Frame Extrusions,’’ dated May 24, 2019. 4 See Aluvinsa’s Letter, dated June 6, 2019. Due to filing deficiencies in Aluvinsa’s submission, on September 30, 2019, we requested that Aluvinsa revise and resubmit its June 6, 2019, submission, consistent with Commerce’s filing requirements. Aluvinsa resubmitted its comments on October 2, 2019, but we rejected these comments from the record because they contained new factual information. On October 2, 2019, Commerce again requested that Aluvinsa submit a revised version of its June 6, 2019, submission. Aluvinsa made that submission on October 8, 2019. 5 See Air Master’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China, A–570–967 and C–570–968; Scope Inquiries on Window Frame Extrusions,’’ dated June 13, 2019. 6 See Air Master’s Letter, ‘‘Aluminum Extrusions from the People’s Republic of China, A–570–967 and C–570–968; Scope Inquiries on Window Frame Extrusions; Rebuttal Comments of Air master Awning LLC,’’ dated June 24, 2019. 7 See Petitioner’s Letters, ‘‘Aluminum Extrusions from the People’s Republic of China: Letter in Support of Air Master Awning LLC’s Comments in Scope Inquiries on Window Frame Extrusions,’’ dated June 13, 2019, and ‘‘Aluminum Extrusions from the People’s Republic of China: Letter in Support of Air Master Awning LLC’s Rebuttal Comments,’’ dated June 24, 2019. VerDate Sep<11>2014 17:19 Mar 02, 2020 Jkt 250001 aluminum extrusions are merchandise covered by the scope of the Orders.8 Rescission of Circumvention Inquiries In its final scope ruling, Commerce indicated that it intended to rescind the anti-circumvention inquiries as moot.9 This determination is consistent with what Commerce has previously stated to be the purpose of an anti-circumvention inquiry. Specifically, Commerce has stated that ‘‘[t]he purpose of an anticircumvention inquiry . . . is to determine whether a product that is outside the scope should be included within the scope because it was altered in form or appearance in minor respects.’’ 10 Because we have determined that aluminum jalousie shutters processed in the Dominican Republic from aluminum extrusions produced in China are merchandise covered by the scope of the Orders, we are rescinding the anti-circumvention inquiries. Notification Regarding Administrative Protective Orders This notice will serve as the only reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This notice and determinations are issued and published in accordance with section 781 of the Tariff Act of 1930, as amended, and 19 CFR 351.225. Dated: February 25, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. 12513 DEPARTMENT OF COMMERCE International Trade Administration [A–523–813] Polyethylene Terephthalate Sheet From the Sultanate of Oman: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that polyethylene terephthalate sheet (PET sheet) from the Sultanate of Oman (Oman) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2018 through June 30, 2019. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Applicable March 3, 2020. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2312. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on August 27, 2019.1 On December 17, 2019, Commerce postponed the preliminary determination of this investigation and the revised deadline is now February 25, 2020.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision [FR Doc. 2020–04345 Filed 3–2–20; 8:45 am] BILLING CODE 3510–DS–P 8 See Memorandum, ‘‘Final Scope Ruling on the Antidumping and Countervailing Duty Orders on Aluminum Extrusions from the People’s Republic of China: Aluminum Jalousie Shutters,’’ dated October 15, 2019, at 20. 9 Id. 10 See Certain Uncoated Paper from Australia, Brazil, the People’s Republic of China, Indonesia, and Portugal: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders, 82 FR 41610 (September 1, 2017), and accompanying Issues and Decision Memorandum at Comment 1. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 1 See Polyethylene Terephthalate Sheet from the Republic of Korea, Mexico, and the Sultanate of Oman: Initiation of Less-than-Fair-Value Investigations, 84 FR 44854 (August 27, 2019) (Initiation Notice). 2 See Polyethylene Terephthalate Sheet from the Republic of Korea and the Sultanate of Oman: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations, 84 FR 70941 (December 26, 2019). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-thanFair-Value Investigation of Polyethylene Terephthalate Sheet from Oman,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). E:\FR\FM\03MRN1.SGM 03MRN1

Agencies

[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Pages 12512-12513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04345]


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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: 
Rescission of Antidumping and Countervailing Duty Circumvention 
Inquiries

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

SUMMARY: The Department of Commerce (Commerce) is rescinding the anti-
circumvention inquiries on aluminum extrusions from the People's 
Republic of China (China) that were initiated on May 6, 2019.

DATES: Applicable March 3, 2020.

FOR FURTHER INFORMATION CONTACT: Fred Baker, Office VI, Enforcement and 
Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-2924.

SUPPLEMENTARY INFORMATION: 

Background

    On May 26, 2011, Commerce published antidumping (AD) and 
countervailing duty (CVD) orders on

[[Page 12513]]

aluminum extrusions from China.\1\ On May 6, 2019, in response to a 
request from Air Master Awning LLC (Air Master), Commerce initiated 
anti-circumvention inquiries regarding the Orders with respect to 
aluminum window frame extrusions processed into aluminum jalousie 
shutters (jalousie shutters) in the Dominican Republic, and also self-
initiated a scope inquiry to determine whether the jalousie shutters at 
issue are merchandise covered by the scope of the Orders.\2\ On May 24, 
2019, Commerce invited interested parties to submit comments on whether 
the jalousie shutters are merchandise covered by the scope of the 
Orders.\3\ On June 11, 2019, we received comments from Aluvinsa 
Industrial SRL (Aluvinsa), a Dominican producer and exporter of 
jalousie shutters.\4\ In June 2019, we received comments \5\ and 
rebuttal comments \6\ from Air Master. We also received letters in 
support of Air Master's submission from the Aluminum Extrusions Fair 
Trade Committee (the petitioner).\7\ On October 15, 2019, Commerce 
issued a final scope ruling, in which it determined that the jalousie 
shutters processed in the Dominican Republic from Chinese aluminum 
extrusions are merchandise covered by the scope of the Orders.\8\
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011); and Aluminum 
Extrusions from the People's Republic of China: Countervailing Duty 
Order, 76 FR 30653 (May 26, 2011) (collectively, the Orders).
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Anti-Circumvention and Scope Inquiries on the 
Antidumping Duty and Countervailing Duty Orders, 84 FR 19757 (May 6, 
2019).
    \3\ See Commerce's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Initiation of Scope Inquiries on Window 
Frame Extrusions,'' dated May 24, 2019.
    \4\ See Aluvinsa's Letter, dated June 6, 2019. Due to filing 
deficiencies in Aluvinsa's submission, on September 30, 2019, we 
requested that Aluvinsa revise and resubmit its June 6, 2019, 
submission, consistent with Commerce's filing requirements. Aluvinsa 
resubmitted its comments on October 2, 2019, but we rejected these 
comments from the record because they contained new factual 
information. On October 2, 2019, Commerce again requested that 
Aluvinsa submit a revised version of its June 6, 2019, submission. 
Aluvinsa made that submission on October 8, 2019.
    \5\ See Air Master's Letter, ``Aluminum Extrusions from the 
People's Republic of China, A-570-967 and C-570-968; Scope Inquiries 
on Window Frame Extrusions,'' dated June 13, 2019.
    \6\ See Air Master's Letter, ``Aluminum Extrusions from the 
People's Republic of China, A-570-967 and C-570-968; Scope Inquiries 
on Window Frame Extrusions; Rebuttal Comments of Air master Awning 
LLC,'' dated June 24, 2019.
    \7\ See Petitioner's Letters, ``Aluminum Extrusions from the 
People's Republic of China: Letter in Support of Air Master Awning 
LLC's Comments in Scope Inquiries on Window Frame Extrusions,'' 
dated June 13, 2019, and ``Aluminum Extrusions from the People's 
Republic of China: Letter in Support of Air Master Awning LLC's 
Rebuttal Comments,'' dated June 24, 2019.
    \8\ See Memorandum, ``Final Scope Ruling on the Antidumping and 
Countervailing Duty Orders on Aluminum Extrusions from the People's 
Republic of China: Aluminum Jalousie Shutters,'' dated October 15, 
2019, at 20.
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Rescission of Circumvention Inquiries

    In its final scope ruling, Commerce indicated that it intended to 
rescind the anti-circumvention inquiries as moot.\9\ This determination 
is consistent with what Commerce has previously stated to be the 
purpose of an anti-circumvention inquiry. Specifically, Commerce has 
stated that ``[t]he purpose of an anti-circumvention inquiry . . . is 
to determine whether a product that is outside the scope should be 
included within the scope because it was altered in form or appearance 
in minor respects.'' \10\ Because we have determined that aluminum 
jalousie shutters processed in the Dominican Republic from aluminum 
extrusions produced in China are merchandise covered by the scope of 
the Orders, we are rescinding the anti-circumvention inquiries.
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    \9\ Id.
    \10\ See Certain Uncoated Paper from Australia, Brazil, the 
People's Republic of China, Indonesia, and Portugal: Affirmative 
Final Determination of Circumvention of the Antidumping and 
Countervailing Duty Orders, 82 FR 41610 (September 1, 2017), and 
accompanying Issues and Decision Memorandum at Comment 1.
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Notification Regarding Administrative Protective Orders

    This notice will serve as the only reminder to all parties subject 
to administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This notice and determinations are issued and published in 
accordance with section 781 of the Tariff Act of 1930, as amended, and 
19 CFR 351.225.

    Dated: February 25, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-04345 Filed 3-2-20; 8:45 am]
 BILLING CODE 3510-DS-P