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withdrawn from warehouse, for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