Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021, 37031-37033 [2023-12052]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
5:00 p.m. Eastern Time on the
established deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.16
Assessment Rates
Upon completion of the final results
of this administrative review, Commerce
shall determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
entries.17 Pursuant to 19 CFR
351.212(b)(1), If Toyo Kohan’s
weighted-average dumping margin is
not zero or de minimis, we will
calculate importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of the sales for which
entered value was reported. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by the final results
of this review and for future deposits of
estimated duties, where applicable.18
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Toyo Kohan for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair-value (LTFV) investigation (i.e.,
45.42 percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.19
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
16 See
section 751(a)(3)(A) of the Act.
17 See 19 CFR 351.212(b).
18 See section 751(a)(2)(C) of the Act.
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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19:24 Jun 05, 2023
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statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the company listed
above will be equal to the weightedaverage dumping margin established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for previously reviewed or
investigated companies not covered in
this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment in which
the company was reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the producer is,
then the cash deposit rate will be the
cash deposit rate established for the
most recently completed segment of this
proceeding for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 45.42 percent, the
all-others rate established in the LTFV
investigation.20 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
20 See
PO 00000
Order.
Frm 00027
Fmt 4703
Sfmt 4703
37031
Dated: May 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023–11963 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–968]
Aluminum Extrusions From the
People’s Republic of China: Final
Results of Countervailing Duty
Administrative Review; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsides are being
provided to producers and exporters of
aluminum extrusions from the People’s
Republic of China (China) during the
period of review (POR) of January 1,
2021, through December 31, 2021.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT:
James Hepburn, 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) 482–1882.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 3, 2023, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register and invited interested
parties to comment.1 We received no
comments from interested parties on the
Preliminary Results, and we have
otherwise made no changes from the
Preliminary Results. Accordingly, no
decision memorandum accompanies
this Federal Register notice; the
Preliminary Results and accompanying
PDM are hereby adopted in these final
results. Commerce conducted this
1 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Results of
Countervailing Duty Administrative Review, and
Rescission, in Part; 2021, 88 FR 7404 (February 3,
2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
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37032
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 2
The product covered by the Order is
aluminum extrusions from China.3 For
a complete description of the scope, see
the appendix to this notice.
Final Results of Review
For the period January 1, 2021,
through December 31, 2021, we
determine that the following net
countervailable subsidies exist: 4
Company
Subsidy rate
(percent
ad valorem)
U.S. Customs and Border Protection
(CBP) shall assess, countervailing duties
on all appropriate entries of subject
merchandise covered by this review.
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).
Cash Deposit Instructions
Pursuant to section 751(a)(2)(C) of the
Act, Commerce intends to instruct CBP
293.85 to collect cash deposits of estimated
countervailing duties in the amounts
293.85
shown for the companies listed above
293.85 for shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
Disclosure
publication of the final results of this
Normally, Commerce discloses to
administrative review. These cash
interested parties the calculations of the deposit instructions, when imposed,
final results of an administrative review shall remain in effect until further
within five days of a public
notice.
announcement or, if there is no public
Administrative Protective Order
announcement, within five days of the
date of publication of the notice of final
This notice also serves as a reminder
results in the Federal Register, in
to parties subject to an administrative
accordance with 19 CFR 351.224(b).
protective order (APO) of their
However, because we have made no
responsibility concerning the return or
changes from the Preliminary Results,
destruction of proprietary information
there are no calculations to disclose.
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
Assessment Rates
written notification of the return or
Consistent with section 751(a)(2)(C) of destruction of APO materials or
the Act and 19 CFR 351.212(b)(2), upon conversion to judicial protective order is
completion of the administrative
hereby requested. Failure to comply
review, Commerce shall determine, and with the regulations and terms of an
ddrumheller on DSK120RN23PROD with NOTICES1
Guangdong Victor Aluminum
Co., Ltd.5 .............................
Hui Qian (Shanghai) International Trading Co., Ltd ....
Sichuan Hangxin New Glazing
Material Co., Ltd .................
2 See Aluminum Extrusions from the People’s
Republic of China: Countervailing Duty Order, 76
FR 30653 (May 26, 2011) (Order).
3 Harmonized Tariff Schedule of the United States
subheadings 8708.29.15.00, 8708.29.25.00, and
8714.93.05 were added to the scope of this
proceeding. See Memorandum, ‘‘Request from
Customs and Border Protection to Update the ACE
AD/CVD Case Reference File,’’ dated April 14,
2023.
4 In the Preliminary Results, Commerce rescinded
this review with respect to producers or exporters
of aluminum extrusions from China for which an
administrative was requested, and the request was
later timely withdrawn. See Preliminary Results, 88
FR at 7405. Because there are no companies subject
to this review other than the three companies listed
in the table herein, there are no companies not
selected for individual examination for which
Commerce is required to establish a subsidy rate.
5 Commerce inadvertently referred to this
company as ‘‘Guangdong Victor A’’ in the
Preliminary Results. See Preliminary Results, 88 FR
at 7405 and PDM at 1. However, the correct name
for this company is ‘‘Guangdong Victor Aluminum
Co., Ltd.’’ as stated in Initiation of Antidumping
and Countervailing Duty Administrative Reviews,
87 FR 42144, 42153 (July 14, 2022).
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19:24 Jun 05, 2023
Jkt 259001
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act and 19 CFR 351.221(b)(5).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the 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).
Specifically, the subject merchandise made
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Fmt 4703
Sfmt 4703
from aluminum alloy with an Aluminum
Association series designation commencing
with the number 1 contains not less than 99
percent aluminum by weight. The subject
merchandise made from aluminum alloy
with an Aluminum Association series
designation commencing with the number 3
contains manganese as the major alloying
element, with manganese accounting for not
more than 3.0 percent of total materials by
weight. The subject merchandise is made
from an aluminum alloy with an Aluminum
Association series designation commencing
with the number 6 contains magnesium and
silicon as the major alloying elements, with
magnesium accounting for at least 0.1
percent but not more than 2.0 percent of total
materials by weight, and silicon accounting
for at least 0.1 percent but not more than 3.0
percent of total materials by weight. The
subject aluminum extrusions are properly
identified by a four-digit alloy series without
either a decimal point or leading letter.
Illustrative examples from among the
approximately 160 registered alloys that may
characterize the subject merchandise are as
follows: 1350, 3003, and 6060.
Aluminum extrusions are produced and
imported in a wide variety of shapes and
forms, including, but not limited to, hollow
profiles, other solid profiles, pipes, tubes,
bars, and rods. Aluminum extrusions that are
drawn subsequent to extrusion (drawn
aluminum) are also included in the scope.
Aluminum extrusions are produced and
imported with a variety of finishes (both
coatings and surface treatments), and types of
fabrication. The types of coatings and
treatments applied to subject aluminum
extrusions include, but are not limited to,
extrusions that are mill finished (i.e., without
any coating or further finishing), brushed,
buffed, polished, anodized (including
brightdip anodized), liquid painted, or
powder coated. Aluminum extrusions may
also be fabricated, i.e., prepared for assembly.
Such operations would include, but are not
limited to, extrusions that are cut-to-length,
machined, drilled, punched, notched, bent,
stretched, knurled, swedged, mitered,
chamfered, threaded, and spun. The subject
merchandise includes aluminum extrusions
that are finished (coated, painted, etc.),
fabricated, or any combination thereof.
Subject aluminum extrusions may be
described at the time of importation as parts
for final finished products that are assembled
after importation, including, but not limited
to, window frames, door frames, solar panels,
curtain walls, or furniture. Such parts that
otherwise meet the definition of aluminum
extrusions are included in the scope. The
scope includes the aluminum extrusion
components that are attached (e.g., by
welding or fasteners) to form subassemblies,
i.e., partially assembled merchandise unless
imported as part of the finished goods ‘kit’
defined further below. The scope does not
include the non-aluminum extrusion
components of subassemblies or subject kits.
Subject extrusions may be identified with
reference to their end use, such as fence
posts, electrical conduits, door thresholds,
carpet trim, or heat sinks (that do not meet
the finished heat sink exclusionary language
below). Such goods are subject merchandise
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if they otherwise meet the scope definition,
regardless of whether they are ready for use
at the time of importation.
The following aluminum extrusion
products are excluded: aluminum extrusions
made from aluminum alloy with an
Aluminum Association series designations
commencing with the number 2 and
containing in excess of 1.5 percent copper by
weight; aluminum extrusions made from
aluminum alloy with an Aluminum
Association series designation commencing
with the number 5 and containing in excess
of 1.0 percent magnesium by weight; and
aluminum extrusions made from aluminum
alloy with an Aluminum Association series
designation commencing with the number 7
and containing in excess of 2.0 percent zinc
by weight.
The scope also excludes finished
merchandise containing aluminum
extrusions as parts that are fully and
permanently assembled and completed at the
time of entry, such as finished windows with
glass, doors with glass or vinyl, picture
frames with glass pane and backing material,
and solar panels. The scope also excludes
finished goods containing aluminum
extrusions that are entered unassembled in a
‘‘finished goods kit.’’ A finished goods kit is
understood to mean a packaged combination
of parts that contains, at the time of
importation, all of the necessary parts to fully
assemble a final finished good and requires
no further finishing or fabrication, such as
cutting or punching, and is assembled ‘‘as is’’
into a finished product. An imported product
will not be considered a ‘‘finished goods kit’’
and therefore excluded from the scope of the
Order merely by including fasteners such as
screws, bolts, etc. in the packaging with an
aluminum extrusion product.
The scope also excludes aluminum alloy
sheet or plates produced by other than the
extrusion process, such as aluminum
products produced by a method of casting.
Cast aluminum products are properly
identified by four digits with a decimal point
between the third and fourth digit. A letter
may also precede the four digits. The
following Aluminum Association
designations are representative of aluminum
alloys for casting: 208.0, 295.0, 308.0, 355.0,
C355.0, 356.0, A356.0, A357.0, 360.0, 366.0,
380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and
712.0. The scope also excludes pure,
unwrought aluminum in any form.
The scope also excludes collapsible tubular
containers composed of metallic elements
corresponding to alloy code 1080A as
designated by the Aluminum Association
where the tubular container (excluding the
nozzle) meets each of the following
dimensional characteristics: (1) length of 37
millimeters (‘‘mm’’) or 62 mm, (2) outer
diameter of 11.0 mm or 12.7 mm, and (3)
wall thickness not exceeding 0.13 mm.
Also excluded from the scope of this Order
are finished heat sinks. Finished heat sinks
are fabricated heat sinks made from
aluminum extrusions the design and
production of which are organized around
meeting certain specified thermal
performance requirements and which have
been fully, albeit not necessarily
individually, tested to comply with such
requirements.
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19:24 Jun 05, 2023
Jkt 259001
Also excluded from the scope of the Order
is certain rectangular wire produced from
continuously cast rolled aluminum wire rod,
which is subsequently extruded to dimension
to form rectangular wire. The product is
made from aluminum alloy grade 1070 or
1370, with no recycled metal content
allowed. The dimensions of the wire are 5
mm (+/¥ 0.05 mm) in width and 1.0 mm (+/
¥ 0.02 mm) in thickness. Imports of
rectangular wire are provided for under
HTSUS category 7605.19.000.
Imports of the subject merchandise are
provided for under the following categories
of the Harmonized Tariff Schedule of the
United States (HTSUS): 6603.90.81.00,
7604.21.00.00, 7604.21.00.10, 7604.21.00.90,
7604.29.10.00, 7604.29.10.10, 7604.29.10.90,
7604.29.30.10, 7604.29.30.50, 7604.29.30.60,
7604.29.30.90, 7604.29.50.30, 7604.29.50.60,
7604.29.50.50, 7604.29.50.90, 7606.12.30.91,
7606.12.30.96, 7608.20.00.30, 7608.20.00.90,
7609.00.00, 7610.10.00, 7610.90.00,
7615.10.20.15, 7615.10.20.25, 7615.10.30,
7615.10.30.15, 7615.10.30.25, 7615.10.50.20,
7615.10.50.40, 7615.10.71, 7615.10.71.25,
7615.10.71.30, 7615.10.71.55, 7615.10.71.80,
7615.10.91, 7615.10.91.00, 7615.19.10,
7615.19.30, 7615.19.50, 7615.19.70,
7615.19.90, 7615.20.00, 7615.20.00.00,
7616.10.90.90, 7616.99.10, 7616.99.50,
7616.99.51, 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, 8424.90.90.80, 8473.30.20.00,
8473.30.51.00, 8479.89.94, 8479.89.98,
8479.90.85.00, 8479.90.94, 8481.90.90.60,
8481.90.90.85, 8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8508.70.00.00, 8513.90.20,
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, 8541.90.00.00,
8543.90.88.80, 8543.90.88.85, 8708.10.30.50,
8708.29.15.00, 8708.29.25.00, 8708.29.50.60,
8708.29.51.60, 8708.80.65.90, 8708.99.68.90,
8714.93.05.00, 8803.30.00.60, 9013.90.50.00,
9013.90.90.00, 9031.90.90.95, 9031.90.91.95,
9401.90.50.81, 9401.99.90.81, 9403.10.00,
9403.20.00, 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,
9403.99.10.40, 9403.99.90.10, 9403.99.90.15,
9403.99.90.20, 9403.99.90.41, 9405.99.40.20,
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, 9507.30.80.00,
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
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Fmt 4703
Sfmt 4703
37033
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 this Order is dispositive.
[FR Doc. 2023–12052 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
NIST’s Research Data Framework
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of availability; request
for comment.
AGENCY:
The National Institute of
Standards and Technology (NIST) seeks
comments on NIST’s Research Data
Framework (RDaF or Framework). The
RDaF is a tool that aims to help shape
the future of open data access and
research data management. A broader
range of stakeholder views is needed for
refining the next version of the RDaF.
The current draft of the RDaF is
available electronically from the NIST
website at: https://doi.org/10.6028/
NIST.SP.1500-18r1. All individuals and
organizations with influence on and
who are influenced by research data
management are encouraged to offer
their input.
DATES:
For Comments:
Comments must be received by 5 p.m.
Eastern time on July 6, 2023. Written
comments should be submitted
according to the instructions in the
ADDRESSES and SUPPLEMENTARY
INFORMATION sections below.
Submissions received after that date
may not be considered.
ADDRESSES: Comments can be submitted
by either of the following methods:
• Email: rdaf@nist.gov. Include
‘‘Research Data Framework’’ in the
subject line of the message.
Instructions: Attachments will be
accepted in plain text, Microsoft Word,
or Adobe PDF formats. Comments
containing references, studies, research,
and other empirical data that are not
widely published should include copies
or electronic links of the referenced
materials.
All submissions, including
attachments and other supporting
materials, will become part of the public
record and subject to public disclosure.
SUMMARY:
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Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37031-37033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12052]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-968]
Aluminum Extrusions From the People's Republic of China: Final
Results of Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsides are being provided to producers and exporters
of aluminum extrusions from the People's Republic of China (China)
during the period of review (POR) of January 1, 2021, through December
31, 2021.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: James Hepburn, 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) 482-1882.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ We received no comments from
interested parties on the Preliminary Results, and we have otherwise
made no changes from the Preliminary Results. Accordingly, no decision
memorandum accompanies this Federal Register notice; the Preliminary
Results and accompanying PDM are hereby adopted in these final results.
Commerce conducted this
[[Page 37032]]
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review,
and Rescission, in Part; 2021, 88 FR 7404 (February 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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Scope of the Order 2
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\2\ See Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (Order).
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The product covered by the Order is aluminum extrusions from
China.\3\ For a complete description of the scope, see the appendix to
this notice.
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\3\ Harmonized Tariff Schedule of the United States subheadings
8708.29.15.00, 8708.29.25.00, and 8714.93.05 were added to the scope
of this proceeding. See Memorandum, ``Request from Customs and
Border Protection to Update the ACE AD/CVD Case Reference File,''
dated April 14, 2023.
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Final Results of Review
For the period January 1, 2021, through December 31, 2021, we
determine that the following net countervailable subsidies exist: \4\
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\4\ In the Preliminary Results, Commerce rescinded this review
with respect to producers or exporters of aluminum extrusions from
China for which an administrative was requested, and the request was
later timely withdrawn. See Preliminary Results, 88 FR at 7405.
Because there are no companies subject to this review other than the
three companies listed in the table herein, there are no companies
not selected for individual examination for which Commerce is
required to establish a subsidy rate.
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Subsidy rate
Company (percent ad
valorem)
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Guangdong Victor Aluminum Co., Ltd.\5\.................... 293.85
Hui Qian (Shanghai) International Trading Co., Ltd........ 293.85
Sichuan Hangxin New Glazing Material Co., Ltd............. 293.85
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Disclosure
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\5\ Commerce inadvertently referred to this company as
``Guangdong Victor A'' in the Preliminary Results. See Preliminary
Results, 88 FR at 7405 and PDM at 1. However, the correct name for
this company is ``Guangdong Victor Aluminum Co., Ltd.'' as stated in
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 87 FR 42144, 42153 (July 14, 2022).
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Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we have made no changes from the Preliminary Results, there are
no calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon completion of the administrative review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries of subject
merchandise covered by this review. 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).
Cash Deposit Instructions
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the companies listed above for
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. These cash deposit instructions,
when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return or destruction 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the 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). Specifically, the subject
merchandise made from aluminum alloy with an Aluminum Association
series designation commencing with the number 1 contains not less
than 99 percent aluminum by weight. The subject merchandise made
from aluminum alloy with an Aluminum Association series designation
commencing with the number 3 contains manganese as the major
alloying element, with manganese accounting for not more than 3.0
percent of total materials by weight. The subject merchandise is
made from an aluminum alloy with an Aluminum Association series
designation commencing with the number 6 contains magnesium and
silicon as the major alloying elements, with magnesium accounting
for at least 0.1 percent but not more than 2.0 percent of total
materials by weight, and silicon accounting for at least 0.1 percent
but not more than 3.0 percent of total materials by weight. The
subject aluminum extrusions are properly identified by a four-digit
alloy series without either a decimal point or leading letter.
Illustrative examples from among the approximately 160 registered
alloys that may characterize the subject merchandise are as follows:
1350, 3003, and 6060.
Aluminum extrusions are produced and imported in a wide variety
of shapes and forms, including, but not limited to, hollow profiles,
other solid profiles, pipes, tubes, bars, and rods. Aluminum
extrusions that are drawn subsequent to extrusion (drawn aluminum)
are also included in the scope.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
aluminum extrusions include, but are not limited to, extrusions that
are mill finished (i.e., without any coating or further finishing),
brushed, buffed, polished, anodized (including brightdip anodized),
liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would
include, but are not limited to, extrusions that are cut-to-length,
machined, drilled, punched, notched, bent, stretched, knurled,
swedged, mitered, chamfered, threaded, and spun. The subject
merchandise includes aluminum extrusions that are finished (coated,
painted, etc.), fabricated, or any combination thereof.
Subject aluminum extrusions may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, window frames,
door frames, solar panels, curtain walls, or furniture. Such parts
that otherwise meet the definition of aluminum extrusions are
included in the scope. The scope includes the aluminum extrusion
components that are attached (e.g., by welding or fasteners) to form
subassemblies, i.e., partially assembled merchandise unless imported
as part of the finished goods `kit' defined further below. The scope
does not include the non-aluminum extrusion components of
subassemblies or subject kits.
Subject extrusions may be identified with reference to their end
use, such as fence posts, electrical conduits, door thresholds,
carpet trim, or heat sinks (that do not meet the finished heat sink
exclusionary language below). Such goods are subject merchandise
[[Page 37033]]
if they otherwise meet the scope definition, regardless of whether
they are ready for use at the time of importation.
The following aluminum extrusion products are excluded: aluminum
extrusions made from aluminum alloy with an Aluminum Association
series designations commencing with the number 2 and containing in
excess of 1.5 percent copper by weight; aluminum extrusions made
from aluminum alloy with an Aluminum Association series designation
commencing with the number 5 and containing in excess of 1.0 percent
magnesium by weight; and aluminum extrusions made from aluminum
alloy with an Aluminum Association series designation commencing
with the number 7 and containing in excess of 2.0 percent zinc by
weight.
The scope also excludes finished merchandise containing aluminum
extrusions as parts that are fully and permanently assembled and
completed at the time of entry, such as finished windows with glass,
doors with glass or vinyl, picture frames with glass pane and
backing material, and solar panels. The scope also excludes finished
goods containing aluminum extrusions that are entered unassembled in
a ``finished goods kit.'' A finished goods kit is understood to mean
a packaged combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a final
finished good and requires no further finishing or fabrication, such
as cutting or punching, and is assembled ``as is'' into a finished
product. An imported product will not be considered a ``finished
goods kit'' and therefore excluded from the scope of the Order
merely by including fasteners such as screws, bolts, etc. in the
packaging with an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced
by other than the extrusion process, such as aluminum products
produced by a method of casting. Cast aluminum products are properly
identified by four digits with a decimal point between the third and
fourth digit. A letter may also precede the four digits. The
following Aluminum Association designations are representative of
aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0,
356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0,
514.0, 518.1, and 712.0. The scope also excludes pure, unwrought
aluminum in any form.
The scope also excludes collapsible tubular containers composed
of metallic elements corresponding to alloy code 1080A as designated
by the Aluminum Association where the tubular container (excluding
the nozzle) meets each of the following dimensional characteristics:
(1) length of 37 millimeters (``mm'') or 62 mm, (2) outer diameter
of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm.
Also excluded from the scope of this Order are finished heat
sinks. Finished heat sinks are fabricated heat sinks made from
aluminum extrusions the design and production of which are organized
around meeting certain specified thermal performance requirements
and which have been fully, albeit not necessarily individually,
tested to comply with such requirements.
Also excluded from the scope of the Order is certain rectangular
wire produced from continuously cast rolled aluminum wire rod, which
is subsequently extruded to dimension to form rectangular wire. The
product is made from aluminum alloy grade 1070 or 1370, with no
recycled metal content allowed. The dimensions of the wire are 5 mm
(+/- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in thickness.
Imports of rectangular wire are provided for under HTSUS category
7605.19.000.
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 6603.90.81.00, 7604.21.00.00, 7604.21.00.10,
7604.21.00.90, 7604.29.10.00, 7604.29.10.10, 7604.29.10.90,
7604.29.30.10, 7604.29.30.50, 7604.29.30.60, 7604.29.30.90,
7604.29.50.30, 7604.29.50.60, 7604.29.50.50, 7604.29.50.90,
7606.12.30.91, 7606.12.30.96, 7608.20.00.30, 7608.20.00.90,
7609.00.00, 7610.10.00, 7610.90.00, 7615.10.20.15, 7615.10.20.25,
7615.10.30, 7615.10.30.15, 7615.10.30.25, 7615.10.50.20,
7615.10.50.40, 7615.10.71, 7615.10.71.25, 7615.10.71.30,
7615.10.71.55, 7615.10.71.80, 7615.10.91, 7615.10.91.00, 7615.19.10,
7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00,
7615.20.00.00, 7616.10.90.90, 7616.99.10, 7616.99.50, 7616.99.51,
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, 8424.90.90.80, 8473.30.20.00,
8473.30.51.00, 8479.89.94, 8479.89.98, 8479.90.85.00, 8479.90.94,
8481.90.90.60, 8481.90.90.85, 8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8508.70.00.00, 8513.90.20, 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, 8541.90.00.00,
8543.90.88.80, 8543.90.88.85, 8708.10.30.50, 8708.29.15.00,
8708.29.25.00, 8708.29.50.60, 8708.29.51.60, 8708.80.65.90,
8708.99.68.90, 8714.93.05.00, 8803.30.00.60, 9013.90.50.00,
9013.90.90.00, 9031.90.90.95, 9031.90.91.95, 9401.90.50.81,
9401.99.90.81, 9403.10.00, 9403.20.00, 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, 9403.99.10.40, 9403.99.90.10, 9403.99.90.15,
9403.99.90.20, 9403.99.90.41, 9405.99.40.20, 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, 9507.30.80.00,
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 this
Order is dispositive.
[FR Doc. 2023-12052 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P