Aluminum Extrusions From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2019-2020, 7098-7100 [2022-02639]
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7098
Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China: Final
Results of Antidumping Duty
Administrative Review; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that sales of
aluminum extrusions from the People’s
Republic of China (China) were made at
less than normal value (NV) during the
period of review (POR) May 1, 2019,
through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On August 6, 2021, Commerce
published the Preliminary Results and
invited interested parties to comment.1
These final results cover 87 companies
for which an administrative review was
initiated and not rescinded. On
September 7, 2021, the following parties
submitted case briefs: (1) Kingtom
Aluminio S.R.L. (Kingtom); 2 (2) Global
Aluminum Distributor, LLC; 3 and (3) JL
Trading Corp., Puertas Y Ventanas JM
Inc., and Industrias Feliciano Al Inc.4
Additionally, on September 7, 2021,
Hialeah Aluminum Supply, Inc. and
Classic Metals Suppliers Corp. filed a
letter in lieu of a case brief.5 On
September 16, 2021, the Aluminum
Extrusions Fair Trade Committee (the
1 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Rescission of Review, in Part; 2019–2020, 86 FR
43168 (August 6, 2021) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Kingtom’s Letter, ‘‘Case Brief of Kingtom
Aluminio S.R.L.,’’ dated September 7, 2021.
3 See Global Aluminum Distributor, LLC’s Letter,
‘‘Aluminum Extrusions from the People’s Republic
of China; A–570–967; Case Brief,’’ dated September
7, 2021.
4 See JL Trading Corp., Puertas Y Ventanas JM
Inc., and Industrias Feliciano Al Inc.’s Letter,
‘‘Aluminum Extrusions from the People’s Republic
of China: Case Brief,’’ dated September 7, 2021.
5 See Hialeah Aluminum Supply, Inc. and Classic
Metals Suppliers Corp.’s Letter, ‘‘Aluminum
Extrusions from China; Letter in Lieu of Case Brief,’’
dated September 7, 2021.
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petitioner) submitted a rebuttal brief.6
On November 17, 2021, Commerce
extended the deadline for these final
results until February 2, 2022.7
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
A complete summary of the events
that occurred since publication of the
Preliminary Results, as well as a full
discussion of the issues raised by parties
for these final results, may be found in
the Issues and Decision Memorandum.8
The Issues and 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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order 9
The merchandise covered by the
Order is aluminum extrusions, which
are shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents). A full
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum. A list of the
issues that parties raised and that we
addressed in the Issues and Decision
Memorandum follows as an appendix to
this notice.
6 See Petitioner’s Letter, ‘‘Aluminum Extrusions
from the People’s Republic of China: Rebuttal
Brief,’’ dated September 16, 2021.
7 See Memorandum, ‘‘Aluminum Extrusions from
the People’s Republic of China, 2019–2020:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,’’ dated
November 17, 2021.
8 See Memorandum, ‘‘Issues and Decisions
Memorandum for the Final Results of the
Antidumping Duty Administrative Review:
Aluminum Extrusions from the People’s Republic
of China; 2019–2020,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
9 See Aluminum Extrusions from the People’s
Republic of China: Antidumping Duty Order, 76 FR
30650 (May 26, 2011) (Order).
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Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made no changes for these
final results.
Separate Rates
In the Preliminary Results, we
determined that none of the companies
for which an administrative review was
requested, and not withdrawn, was
entitled to a separate rate. We therefore
preliminarily determined that 85
companies listed in Appendix III of the
Preliminary Results were not eligible for
a separate rate in this administrative
review.10 For these final results of
review, we have made no changes to our
preliminary separate rate analysis 11 and
continue to find that the 85 companies
listed in Appendix II of this notice are
not eligible for a separate rate in this
administrative review.
China-Wide Entity
We continue to determine for these
final results that the 85 companies listed
in Appendix II are part of the Chinawide entity in this administrative
review.12
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.13 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in the
instant review, and because Commerce
did not self-initiate such a review, the
entity is not under review, and the
entity’s current rate (i.e., 86.01
percent) 14 is not subject to change.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that Anderson International
and Sunvast Trade Shanghai did not
have shipments of subject merchandise
to the United States during the POR.15
As we received no information to
contradict our preliminary
determination of no shipments with
10 See Preliminary Results, 86 FR 43171, and
PDM at 15–17.
11 Id.
12 See Issues and Decision Memorandum.
13 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
14 See Aluminum Extrusions from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2017–2018, 84 FR
56164, 56165 (October 21, 2019).
15 See Preliminary Results PDM at 11.
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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
respect to these two companies, we
continue to find that they made no
shipments of subject merchandise to the
United States during the POR.
Accordingly, we will issue appropriate
instructions for these two companies
that are consistent with our ‘‘automatic
assessment’’ clarification.16
Adjustments for Countervailable
Subsidies
Because no company established
eligibility for an adjustment under
section 777A(f) of the Act for
countervailable domestic subsidies, for
these final results, Commerce did not
make an adjustment pursuant to section
777A(f) of the Act for countervailable
domestic subsidies for separate-rate
recipients. Furthermore, because the
China-wide entity is not under review,
we made no adjustment for
countervailable export subsidies for the
China-wide entity pursuant to section
772(c)(1)(C) of the Act.
Assessment
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Pursuant to section 751(a)(2)(A) of the
Act and 19 CFR 351.212(b), Commerce
will determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries of subject merchandise in
accordance with the final results of this
review. Consistent with its recent
notice,17 Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication). These
final results of review shall be the basis
for the assessment of antidumping
duties on entries of merchandise under
review and for future deposits of
estimated duties, where applicable.
Consistent with Commerce’s assessment
practice in non-market economy cases,
where we have determined that an
exporter under review had no
shipments of subject merchandise, any
suspended entries that entered under
the exporter’s case number (i.e., at that
16 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Notice);
see also ‘‘Assessment’’ section, below.
17 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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exporter’s rate) will be liquidated at the
China-wide rate.18
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided for by
section 751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the exporter-specific rate published for
the most-recently completed segment of
this proceeding in which the exporter
was reviewed; (2) for all Chinese
exporters of subject merchandise which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be that established for the China-wide
entity (3) for all non-Chinese exporters
of subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter (or, if unidentified,
that of the China-wide entity); and (4)
for the China-wide entity, the cash
deposit rate will be 86.01 percent. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
destruction or return of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the destruction or return
18 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
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7099
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Enforce and Protect Act
(EAPA) Determinations and Due Process
Comment 2: Separate Rate
V. Recommendation
Appendix II—Companies Not Entitled
to a Separate Rate
1. Allpower Display Co., Ltd
2. Amidi Zhuhai
3. Beauty Sky Technology Co. Ltd
4. Changshu Changsheng Aluminum
Products Co., Ltd
5. Chenming Industry and Commerce
Shouguang Co., Ltd.
6. China International Freight Co. Ltd
7. China State Decoration Group Co., Ltd.
8. CRRC Changzhou Auto Parts Co. Ltd *
9. Custom Accessories Asia Ltd.
10. Everfoison Industry Ltd.
11. Foshan City Fangyuan Ceramic
12. Foshan City Nanhai Yongfeng Aluminum
13. Foshan City Top Deal Import and Export
Co., Ltd.
14. Foshan Gold Bridge Import and Export
Co. Ltd.
15. Foshan Golden Promise Import and
Export Co., Ltd.
16. Foshan Guangshou Import and Export
Co., Ltd.
17. Foshan Xingtao Aluminum Profile Co.,
Ltd.
18. Fujian Minfa Aluminum Inc.
19. Fujian Minfa Aluminum Co., Ltd.
20. Fuzhou Ruifuchang Trading Co., Ltd.
21. Fuzhou Sunmodo New Energy
Equipment Co., Ltd.
22. Gebruder Weiss
23. Gold Bridge International
24. Grupo Emb
25. Grupo Europeo La Optica
26. Grupo Pe No Mato In
27. Guangdong Gaoming Guangtai Shicai
28. Guangdong Gaoxin Communication
Equipment Industrial Co., Ltd.
29. Guangdong Golden China Economy
30. Guangdong Maoming Foreign Trade
Enterprise Development Co.
31. Guangdong Taiming Metal Products Co.,
LTD.
32. Guangdong Victor Aluminum Co., Ltd.
33. Guangzhou Jintao Trade Company
34. Hangzhou Evernew Machinery &
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Federal Register / Vol. 87, No. 26 / Tuesday, February 8, 2022 / Notices
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Equipment Co., Ltd.
35. Hangzhou Tonny Electric and Tools Co.,
Ltd.
36. Hefei Sylux Imp. & Exp. Co., Ltd.
37. Hong Kong Dayo Company, Ltd.
38. Huazhijie Plastic Products
39. Huiqiao International Shanghai
40. Ilshim Almax
41. Jer Education Technology
42. Jiangsu Weatherford Hongda Petroleum
Equipment Co., Ltd.
43. Jiangsu Yizheng Haitian Aluminum
Industrial
44. Jiang Yin Ming Ding Aluminum & Plastic
Products Co., Ltd
45. Jilin Qixing Aluminum Industries Co.,
Ltd.
46. Jin Lingfeng Plastic Electrical Appliance
47. Kanal Precision Aluminum Product Co.
Ltd.
48. Kingtom Aluminio SRL
49. Larkcop International Co Ltd
50. Ledluz Co Ltd
51. Liansu Group Co. Ltd
52. Links Relocations Beijing
53. Marshell International
54. Ningbo Deye Inverter Technology
55. Ningbo Hightech Development
56. Ningbo Winjoy International Trading
57. Orient Express Container
58. Ou Chuang Plastic Building Material
(Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Sewon
64. Shandong Huajian Aluminum Industry
65. Shanghai EverSkill M&E Co., Ltd.
66. Shanghai Jingxin Logistics
67. Shanghai Ouma Crafts Co, Ltd.
68. Shanghai Phidix Trading
69. Sinogar Aluminum
70. Transwell Logistics Co., Ltd.
71. United Aluminum
72. Wanhui Industrial China
73. Wenzhou Yongtai Electric Co., Ltd.
74. Winstar Power Technology Limited
75. Wisechain Trading Ltd.
76. Wuxi Lotus Essence
77. Wuxi Rapid Scaffolding Engineering
78. Wuxi Zontai Int’l Corporation Ltd.
79. Xuancheng Huilv Aluminum Industry
Co., Ltd.
80. Yekalon Industry Inc
81. Yonn Yuu Enterprise Co., Ltd.
82. Yuyao Royal Industrial
83. Zhejiang Guoyao Aluminum Co., Ltd.
84. Zhongshan Broad Windows and Doors
and Curtain
85. ZL Trade Shanghai
[FR Doc. 2022–02639 Filed 2–7–22; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–908]
Barium Chloride From India: Initiation
of Less-Than-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Applicable February 1, 2022.
Fred
Baker or Preston Cox; AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2924 or (202) 482–5041,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The Petition
On January 12, 2022, the Department
of Commerce (Commerce) received an
antidumping duty (AD) petition
concerning imports of barium chloride
from India, filed in proper form on
behalf of Chemical Products
Corporation (the petitioner), a domestic
producer of barium chloride.1 The
Petition was accompanied by a
countervailing duty (CVD) petition
concerning imports of barium chloride
from India.2
On January 14 and 24, 2022,
Commerce requested supplemental
information pertaining to certain aspects
of the Petition.3 The petitioner filed
responses to these requests on January
19, 20, and 25, 2022.4
1 See Petitioner’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Barium Chloride from India,’’ dated
January 12, 2022 (the Petition).
2 Id.
3 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Barium Chloride from India:
Supplemental Questions,’’ dated January 14, 2022;
and ‘‘Petition for the Imposition of Antidumping
Duties on Imports of Barium Chloride from India:
Supplemental Questions,’’ dated January 14, 2022;
see also Commerce’s Memoranda, ‘‘Petition for the
Imposition of Antidumping Duties on Imports of
Barium Chloride from India: Phone Call with
Counsel to the Petitioner,’’ dated January 24, 2022;
and ‘‘Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Barium
Chloride from India: Phone Call with Counsel to the
Petitioner,’’ dated January 24, 2022.
4 See Petitioner’s Letters, ‘‘Barium Chloride from
India: Response to Supplemental Questionnaire on
Volume I of Petition (General Issues and Injury
Information),’’ dated January 19, 2022 (General
Issues Supplement); ‘‘Barium Chloride from India:
Response to Supplemental Questionnaire on
Volume II (AD) of Petition,’’ dated January 20, 2022
(India AD Supplement); ‘‘Barium Chloride from
India: Response to Supplemental Question on
Volume I of Petition (General Issues and Injury
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioner alleges that imports
of barium chloride from India are being,
or are likely to be, sold in the United
States at less than fair value (LTFV)
within the meaning of section 731 of the
Act, and that imports of such products
are materially injuring, or threatening
material injury to, the barium chloride
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
Petition is accompanied by information
reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner
filed the Petition on behalf of the
domestic industry, because the
petitioner is an interested party, as
defined in section 771(9)(C) of the Act.
Commerce also finds that the petitioner
demonstrated sufficient industry
support for the initiation of the
requested AD investigation.5
Period of Investigation
Because the Petition was filed on
January 12, 2022, the period of
investigation (POI) for this AD
investigation is January 1, 2021, through
December 31, 2021, pursuant to 19 CFR
351.204(b)(1).
Scope of the Investigation
The product covered by this
investigation is barium chloride from
India. For a full description of the scope
of this investigation, see the appendix to
this notice.
Comments on the Scope of the
Investigation
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).6 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determination. If scope comments
include factual information,7 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaire,
Commerce requests that all interested
parties submit scope comments by 5:00
Information),’’ dated January 25, 2022 (Revised
Exhibit I–4); and ‘‘Barium Chloride from India:
Response to Supplemental Question on Volume II
of Petition (Antidumping Duties),’’ dated January
25, 2022 (Second India AD Supplement).
5 See infra, section on ‘‘Determination of Industry
Support for the Petition.’’
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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Agencies
[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7098-7100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02639]
[[Page 7098]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
aluminum extrusions from the People's Republic of China (China) were
made at less than normal value (NV) during the period of review (POR)
May 1, 2019, through April 30, 2020.
DATES: Applicable February 8, 2022.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On August 6, 2021, Commerce published the Preliminary Results and
invited interested parties to comment.\1\ These final results cover 87
companies for which an administrative review was initiated and not
rescinded. On September 7, 2021, the following parties submitted case
briefs: (1) Kingtom Aluminio S.R.L. (Kingtom); \2\ (2) Global Aluminum
Distributor, LLC; \3\ and (3) JL Trading Corp., Puertas Y Ventanas JM
Inc., and Industrias Feliciano Al Inc.\4\ Additionally, on September 7,
2021, Hialeah Aluminum Supply, Inc. and Classic Metals Suppliers Corp.
filed a letter in lieu of a case brief.\5\ On September 16, 2021, the
Aluminum Extrusions Fair Trade Committee (the petitioner) submitted a
rebuttal brief.\6\ On November 17, 2021, Commerce extended the deadline
for these final results until February 2, 2022.\7\ Commerce conducted
this review in accordance with section 751(a)(1)(B) of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review, in Part; 2019-2020, 86 FR 43168 (August 6,
2021) (Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
\2\ See Kingtom's Letter, ``Case Brief of Kingtom Aluminio
S.R.L.,'' dated September 7, 2021.
\3\ See Global Aluminum Distributor, LLC's Letter, ``Aluminum
Extrusions from the People's Republic of China; A-570-967; Case
Brief,'' dated September 7, 2021.
\4\ See JL Trading Corp., Puertas Y Ventanas JM Inc., and
Industrias Feliciano Al Inc.'s Letter, ``Aluminum Extrusions from
the People's Republic of China: Case Brief,'' dated September 7,
2021.
\5\ See Hialeah Aluminum Supply, Inc. and Classic Metals
Suppliers Corp.'s Letter, ``Aluminum Extrusions from China; Letter
in Lieu of Case Brief,'' dated September 7, 2021.
\6\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Rebuttal Brief,'' dated September 16,
2021.
\7\ See Memorandum, ``Aluminum Extrusions from the People's
Republic of China, 2019-2020: Extension of Deadline for Final
Results of Antidumping Duty Administrative Review,'' dated November
17, 2021.
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A complete summary of the events that occurred since publication of
the Preliminary Results, as well as a full discussion of the issues
raised by parties for these final results, may be found in the Issues
and Decision Memorandum.\8\ The Issues and 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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\8\ See Memorandum, ``Issues and Decisions Memorandum for the
Final Results of the Antidumping Duty Administrative Review:
Aluminum Extrusions from the People's Republic of China; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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Scope of the Order 9
---------------------------------------------------------------------------
\9\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
---------------------------------------------------------------------------
The merchandise covered by the Order is aluminum extrusions, which
are shapes and forms, produced by an extrusion process, made from
aluminum alloys having metallic elements corresponding to the alloy
series designations published by The Aluminum Association commencing
with the numbers 1, 3, and 6 (or proprietary equivalents or other
certifying body equivalents). A full description of the scope of the
Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Issues and Decision Memorandum. A
list of the issues that parties raised and that we addressed in the
Issues and Decision Memorandum follows as an appendix to this notice.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made no
changes for these final results.
Separate Rates
In the Preliminary Results, we determined that none of the
companies for which an administrative review was requested, and not
withdrawn, was entitled to a separate rate. We therefore preliminarily
determined that 85 companies listed in Appendix III of the Preliminary
Results were not eligible for a separate rate in this administrative
review.\10\ For these final results of review, we have made no changes
to our preliminary separate rate analysis \11\ and continue to find
that the 85 companies listed in Appendix II of this notice are not
eligible for a separate rate in this administrative review.
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\10\ See Preliminary Results, 86 FR 43171, and PDM at 15-17.
\11\ Id.
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China-Wide Entity
We continue to determine for these final results that the 85
companies listed in Appendix II are part of the China-wide entity in
this administrative review.\12\
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\12\ See Issues and Decision Memorandum.
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Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\13\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
the instant review, and because Commerce did not self-initiate such a
review, the entity is not under review, and the entity's current rate
(i.e., 86.01 percent) \14\ is not subject to change.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\14\ See Aluminum Extrusions from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2017-2018, 84 FR 56164, 56165 (October 21, 2019).
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Final Determination of No Shipments
In the Preliminary Results, Commerce determined that Anderson
International and Sunvast Trade Shanghai did not have shipments of
subject merchandise to the United States during the POR.\15\ As we
received no information to contradict our preliminary determination of
no shipments with
[[Page 7099]]
respect to these two companies, we continue to find that they made no
shipments of subject merchandise to the United States during the POR.
Accordingly, we will issue appropriate instructions for these two
companies that are consistent with our ``automatic assessment''
clarification.\16\
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\15\ See Preliminary Results PDM at 11.
\16\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment'' section, below.
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Adjustments for Countervailable Subsidies
Because no company established eligibility for an adjustment under
section 777A(f) of the Act for countervailable domestic subsidies, for
these final results, Commerce did not make an adjustment pursuant to
section 777A(f) of the Act for countervailable domestic subsidies for
separate-rate recipients. Furthermore, because the China-wide entity is
not under review, we made no adjustment for countervailable export
subsidies for the China-wide entity pursuant to section 772(c)(1)(C) of
the Act.
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Consistent with its recent notice,\17\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication). These final results of review shall be the basis for the
assessment of antidumping duties on entries of merchandise under review
and for future deposits of estimated duties, where applicable.
Consistent with Commerce's assessment practice in non-market economy
cases, where we have determined that an exporter under review had no
shipments of subject merchandise, any suspended entries that entered
under the exporter's case number (i.e., at that exporter's rate) will
be liquidated at the China-wide rate.\18\
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\17\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
\18\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from China entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For previously
investigated or reviewed Chinese and non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the exporter-
specific rate published for the most-recently completed segment of this
proceeding in which the exporter was reviewed; (2) for all Chinese
exporters of subject merchandise which have not been found to be
entitled to a separate rate, the cash deposit rate will be that
established for the China-wide entity (3) for all non-Chinese exporters
of subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the Chinese exporter that
supplied that non-Chinese exporter (or, if unidentified, that of the
China-wide entity); and (4) for the China-wide entity, the cash deposit
rate will be 86.01 percent. These deposit requirements, when imposed,
shall remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction or return of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the destruction or
return of APO materials or conversion to judicial protective order is
hereby requested. Failure to comply with the regulations and terms of
an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
Dated: February 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Enforce and Protect Act (EAPA) Determinations and Due
Process
Comment 2: Separate Rate
V. Recommendation
Appendix II--Companies Not Entitled to a Separate Rate
1. Allpower Display Co., Ltd
2. Amidi Zhuhai
3. Beauty Sky Technology Co. Ltd
4. Changshu Changsheng Aluminum Products Co., Ltd
5. Chenming Industry and Commerce Shouguang Co., Ltd.
6. China International Freight Co. Ltd
7. China State Decoration Group Co., Ltd.
8. CRRC Changzhou Auto Parts Co. Ltd *
9. Custom Accessories Asia Ltd.
10. Everfoison Industry Ltd.
11. Foshan City Fangyuan Ceramic
12. Foshan City Nanhai Yongfeng Aluminum
13. Foshan City Top Deal Import and Export Co., Ltd.
14. Foshan Gold Bridge Import and Export Co. Ltd.
15. Foshan Golden Promise Import and Export Co., Ltd.
16. Foshan Guangshou Import and Export Co., Ltd.
17. Foshan Xingtao Aluminum Profile Co., Ltd.
18. Fujian Minfa Aluminum Inc.
19. Fujian Minfa Aluminum Co., Ltd.
20. Fuzhou Ruifuchang Trading Co., Ltd.
21. Fuzhou Sunmodo New Energy Equipment Co., Ltd.
22. Gebruder Weiss
23. Gold Bridge International
24. Grupo Emb
25. Grupo Europeo La Optica
26. Grupo Pe No Mato In
27. Guangdong Gaoming Guangtai Shicai
28. Guangdong Gaoxin Communication Equipment Industrial Co., Ltd.
29. Guangdong Golden China Economy
30. Guangdong Maoming Foreign Trade Enterprise Development Co.
31. Guangdong Taiming Metal Products Co., LTD.
32. Guangdong Victor Aluminum Co., Ltd.
33. Guangzhou Jintao Trade Company
34. Hangzhou Evernew Machinery &
[[Page 7100]]
Equipment Co., Ltd.
35. Hangzhou Tonny Electric and Tools Co., Ltd.
36. Hefei Sylux Imp. & Exp. Co., Ltd.
37. Hong Kong Dayo Company, Ltd.
38. Huazhijie Plastic Products
39. Huiqiao International Shanghai
40. Ilshim Almax
41. Jer Education Technology
42. Jiangsu Weatherford Hongda Petroleum Equipment Co., Ltd.
43. Jiangsu Yizheng Haitian Aluminum Industrial
44. Jiang Yin Ming Ding Aluminum & Plastic Products Co., Ltd
45. Jilin Qixing Aluminum Industries Co., Ltd.
46. Jin Lingfeng Plastic Electrical Appliance
47. Kanal Precision Aluminum Product Co. Ltd.
48. Kingtom Aluminio SRL
49. Larkcop International Co Ltd
50. Ledluz Co Ltd
51. Liansu Group Co. Ltd
52. Links Relocations Beijing
53. Marshell International
54. Ningbo Deye Inverter Technology
55. Ningbo Hightech Development
56. Ningbo Winjoy International Trading
57. Orient Express Container
58. Ou Chuang Plastic Building Material (Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Sewon
64. Shandong Huajian Aluminum Industry
65. Shanghai EverSkill M&E Co., Ltd.
66. Shanghai Jingxin Logistics
67. Shanghai Ouma Crafts Co, Ltd.
68. Shanghai Phidix Trading
69. Sinogar Aluminum
70. Transwell Logistics Co., Ltd.
71. United Aluminum
72. Wanhui Industrial China
73. Wenzhou Yongtai Electric Co., Ltd.
74. Winstar Power Technology Limited
75. Wisechain Trading Ltd.
76. Wuxi Lotus Essence
77. Wuxi Rapid Scaffolding Engineering
78. Wuxi Zontai Int'l Corporation Ltd.
79. Xuancheng Huilv Aluminum Industry Co., Ltd.
80. Yekalon Industry Inc
81. Yonn Yuu Enterprise Co., Ltd.
82. Yuyao Royal Industrial
83. Zhejiang Guoyao Aluminum Co., Ltd.
84. Zhongshan Broad Windows and Doors and Curtain
85. ZL Trade Shanghai
[FR Doc. 2022-02639 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P