Aluminum Extrusions From the People's Republic of China, Indonesia, Mexico, and the Republic of Turkey: Initiation of Countervailing Duty Investigations, 74433-74440 [2023-23961]
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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.5
Scope of the Order
The product covered under the Order
is coke larger than 100 mm (4 inches)
in maximum diameter and at least 50
percent of which is retained on a 100
mm (4 inch) sieve, of a kind used in
foundries. The foundry coke products
subject to the Order were classifiable
under subheading 2704.00.00.10 (as of
January 1, 2000) and are currently
classifiable under subheading
2704.00.00.11 (as of July 1, 2000) of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and Customs purposes, our
written description of the scope of the
Order is dispositive.
Continuation of the Order
As a result of the determinations by
Commerce and the ITC that revocation
of the Order would likely lead to a
continuation or a recurrence of
dumping, and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act and 19
CFR 351.218(a), Commerce hereby
orders the continuation of the Order.
U.S. Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation
of the Order is October 25, 2023.6
Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce
intends to initiate the next five-year
review of the Order not later than 30
days prior to the fifth anniversary of the
date of the last determination by the
ITC.
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Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction 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 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
violation which is subject to sanction.
5 See Foundry Coke From China; Determination,
88 FR 73377 (October 25, 2023).
6 Id.
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Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with section
751(c) and 751(d)(2) of the Act and
published in accordance with section
777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: October 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–23963 Filed 10–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–159, C–560–841, C–201–861, C–489–
851]
Aluminum Extrusions From the
People’s Republic of China, Indonesia,
Mexico, and the Republic of Turkey:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Eliza DeLong (People’s Republic of
China (China)) at (202) 482–3878;
Thomas Martin (Indonesia) at (202)
482–3936; Christopher Williams
(Mexico) at (202) 482–5166; and Megan
Goins (Republic of Turkey (Turkey)) at
(202) 482–0884, AD/CVD Operations
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 4, 2023, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of
aluminum extrusions from China,
Indonesia, Mexico, and Turkey filed in
proper form on behalf of the U.S.
Aluminum Extruders Coalition 1 and the
United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (USW) (collectively,
1 The members of the U.S. Aluminum Extruders
Coalition are Alexandria Extrusion Company; APEL
Extrusions Inc.; Bonnell Aluminum; Brazeway;
Custom Aluminum Products; Extrudex Aluminum;
International Extrusions; Jordan Aluminum
Company; M–D Building Products, Inc.; Merit
Aluminum; MI Metals; Pennex Aluminum; Tower
Extrusions; and Western Extrusions.
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the petitioners).2 The CVD petitions
were accompanied by antidumping duty
(AD) petitions concerning imports of
aluminum extrusions from China,
Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, the
Republic of Korea, Malaysia, Mexico,
Taiwan, Thailand, Turkey, the United
Arab Emirates, and the Socialist
Republic of Vietnam.3
Between October 6 and 18, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.4 Subsequently, between
October 11 and 20, 2023, the petitioners
filed timely responses to these requests
for additional information.5
2 See Petitioners’ Letter, ‘‘Aluminum Extrusions
from Colombia, the Dominican Republic, Ecuador,
India, Indonesia, Italy, Malaysia, Mexico, the
People’s Republic of China, South Korea, Taiwan,
Thailand, Turkey, the United Arab Emirates and
Vietnam: Petitions for the Imposition of
Antidumping and Countervailing Duties,’’ dated
October 4, 2023 (Petitions).
3 Id.
4 See Commerce’s Letters, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Aluminum Extrusions from
the People’s Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia,
Italy, the Republic of Korea, Malaysia, Mexico,
Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of
Vietnam: Supplemental Questions,’’ dated October
6, 2023; ‘‘Petitions for the Imposition of
Countervailing Duties on Imports of Aluminum
Extrusions from Indonesia: Supplemental
Questions,’’ dated October 6, 2023; ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Aluminum Extrusions from Mexico: Supplemental
Questions,’’ dated October 6, 2023; ‘‘Petitions for
the Imposition of Countervailing Duties on Imports
of Aluminum Extrusions from the Republic of
Turkey: Supplemental Questions,’’ dated October 6,
2023; ‘‘Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Aluminum
Extrusions from the People’s Republic of China,
Colombia, the Dominican Republic, Ecuador, India,
Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey,
the United Arab Emirates, and the Socialist
Republic of Vietnam: Supplemental Questions,’’
dated October 10, 2023 (First Scope Questionnaire);
‘‘Countervailing Duty Petition on Aluminum
Extrusions from the People’s Republic of China:
Supplemental Questions,’’ dated October 11, 2023;
and ‘‘Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Aluminum
Extrusions from the People’s Republic of China,
Colombia, Ecuador, the Dominican Republic, India,
Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey,
the United Arab Emirates, and the Socialist
Republic of Vietnam: Second Scope Supplemental
Questionnaire,’’ dated October 18, 2023 (Second
Scope Questionnaire); see also Memoranda, ‘‘Phone
Call with Counsel to the Petitioners,’’ dated October
11, 2023 (October 11 Memorandum); and ‘‘Phone
Call with Counsel to the Petitioners,’’ dated October
19, 2023 (October 19 Memorandum).
5 See Petitioners’ Letters, ‘‘Aluminum Extrusions
from the People’s Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia,
Italy, Malaysia, Mexico, the Republic of Korea,
Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of
Vietnam: Response to First Supplemental Questions
Regarding Common Issues and Injury Petition
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In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of China (GOC),
Government of Indonesia (GOI),
Government of Mexico (GOM), and
Government of Turkey (GOT), are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of
aluminum extrusions from China,
Indonesia, Mexico, and Turkey,
respectively, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating CVD investigations, the
Petitions are supported by information
reasonably available to the petitioners.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(D) and (E) of
the Act.6 Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigations.7
Volume I of the Petition,’’ dated October 11, 2023
(General Issues Supplement); ‘‘Aluminum
Extrusions from Mexico: Response to First
Supplemental Questions Regarding Mexico
Countervailing Duty Volume XVII of the Petition,’’
dated October 11, 2023; ‘‘Aluminum Extrusions
from the Republic of Turkey: Response to First
Supplemental Questions Regarding Turkey
Countervailing Duty Volume XIX of the Petition,’’
dated October 11, 2023; ‘‘Aluminum Extrusions
from Indonesia: Response to First Supplemental
Questions Regarding Indonesia Countervailing Duty
Volume XVI of the Petition,’’ dated October 12,
2023; ‘‘Aluminum Extrusions from the People’s
Republic of China, Indonesia, Mexico, the Republic
of Turkey: Response to First Supplemental
Questions Regarding China Countervailing Duty
Volume XVIII of the Petition,’’ dated October 16,
2023; ‘‘Aluminum Extrusions from the People’s
Republic of China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, Malaysia,
Mexico, the Republic of Korea, Taiwan, Thailand,
the Republic of Turkey, the United Arab Emirates,
and the Socialist Republic of Vietnam: Response to
First Supplemental Scope Questions Regarding
Common Issues and Injury Petition Volume I of the
Petition,’’ dated October 13, 2023 (First Scope
Supplement); and ‘‘Aluminum Extrusions from the
People’s Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia,
Italy, Malaysia, Mexico, the Republic of Korea,
Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of
Vietnam: Response to Second Supplemental Scope
Questions Regarding Common Issues and Injury
Petition Volume I of the Petition,’’ dated October
20, 2023 (Second Scope Supplement).
6 See Petitions at Volume I (page 2). The U.S.
Aluminum Extruders Coalition is an interested
party under section 771(9)(E) of the Act, while the
USW is an interested party under section 771(9)(D)
of the Act.
7 See ‘‘Determination of Industry Support for the
Petitions’’ section, infra.
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Periods of Investigation
Because the Petitions were filed on
October 4, 2023, the periods of
investigation (POI) for China, Indonesia,
Mexico, and Turkey are January 1, 2022,
through December 31, 2022.8
Scope of the Investigations
The products covered by these
investigations are aluminum extrusions
from China, Indonesia, Mexico, and
Turkey. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on Scope of the
Investigations
On October 10, 11, 18, and 19, 2023,
Commerce requested information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.9 On October 13 and 20,
2023, the petitioners provided
clarifications and revised the scope.10
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for parties to raise issues
regarding product coverage (i.e.,
scope).11 We have some concerns
related to the administrability of certain
provisions in the proposed scope. For
example, we find the definition of
subassemblies (included) and imported
merchandise that is not a part or
subassembly of a larger product or
system (excluded) remains an
outstanding issue. Accordingly,
Commerce intends to continue
evaluating the scope of these
investigations, with the possibility of
making additional modifications to
clarify further what products are
covered and not covered by the scope of
these investigations.
Commerce will consider all scope
comments received and, if necessary,
will consult with interested parties prior
to the issuance of the preliminary
determinations. If scope comments
include factual information,12 all such
8 See
19 CFR 351.204(b)(2).
First Scope Questionnaire; see also October
11 Memorandum; Second Scope Questionnaire; and
October 19 Memorandum.
10 See First Scope Supplement at 1–19 and
Exhibit I–Scope Supp–1; see also Second Scope
Supplement at 1–3 and Exhibits I–Second Scope
Supp–1 and I–Second Scope Supp–2.
11 See Antidumping Duties; Countervailing
Duties, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
12 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
9 See
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factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5 p.m.
Eastern Time (ET) on November 13,
2023, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by 5
p.m. ET on November 24, 2023, which
is the next business day after 10
calendar days from the initial comment
deadline.13
Commerce requests that any factual
information that the parties consider
relevant to the scope of the
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
also be filed on the record of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.14 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC, GOI, GOM, and GOT of the
receipt of the Petitions and provided
each an opportunity for consultations
with respect to the Petitions.15 The GOC
13 See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’) The initial
deadline for rebuttal comments falls on November
23, 2023, which is a federal holiday.
14 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
15 See Commerce’s Letters, ‘‘Countervailing Duty
Petition on Aluminum Extrusions from the People’s
Republic of China,’’ dated October 5, 2023;
‘‘Countervailing Duty Petition on Aluminum
Extrusions from Indonesia: Invitation for
Consultations to Discuss the Countervailing Duty
Petition,’’ dated October 5, 2023; ‘‘Aluminum
Extrusions from Mexico: Invitation for Consultation
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requested a consultation,16 which was
held via video conference on October
16, 2023.17 The GOI requested a
consultation,18 which was held via
video conference on October 18, 2023.19
The GOM requested a consultation,20
which was held via video conference on
October 19, 2023.21 The GOT requested
a consultation,22 which was held via
video conference on October 19, 2023.23
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Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
to Discuss the Countervailing Duty Petition,’’ dated
October 5, 2023; and ‘‘Countervailing Duty Petition
on Aluminum Extrusions from the Republic of
Turkey,’’ dated October 5, 2023.
16 See GOC’s Letter, ‘‘Aluminum Extrusions from
the People’s Republic of China: Request for
Consultations to Discuss the Countervailing Duty
Investigation Petitions,’’ dated October 9, 2023.
17 See Memorandum, ‘‘Consultations with the
Officials from the Government of China,’’ dated
October 16, 2023.
18 See GOI’s Letter, ‘‘Government of Indonesia
Response on the Invitation for Consultations to
Discuss the Countervailing Duty Petition
Concerning Imports of Aluminum Extrusions from
Indonesia.,’’ dated October 10, 2023.
19 See Memorandum, ‘‘Consultations with the
Officials from the Government of Indonesia,’’ dated
October 19, 2023.
20 See GOM’s Letter, ‘‘Aluminum Extrusions from
Mexico GOM’s submission,’’ dated October 16,
2023.
21 See Memorandum, ‘‘Consultations with
Officials from the Government of Mexico,’’ dated
October 19, 2023.
22 See GOT’s Letter, ‘‘Response to Invitation for
Consultations,’’ dated October 9, 2023.
23 See Memorandum, ‘‘Consultations with
Officials from the Government of the Republic of
Turkey,’’ dated October 23, 2023; see also GOT’s
Letter, ‘‘Countervailing Duty Petition on Aluminum
Extrusions from Tu¨rkiye: Consultations Held on
October 19, 2023,’’ dated October 23, 2023.
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whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,24 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.25
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.26 Based on our analysis
of the information submitted on the
record, we have determined that
aluminum extrusions, as defined in the
scope, constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.27
24 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
26 See Petitions at Volume I (pages 23–28); see
also General Issues Supplement at 1 and Exhibit ISupp-1.
27 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Countervailing Duty
Investigation Initiation Checklists: Aluminum
Extrusions from the People’s Republic of China,
Indonesia, Mexico, and the Republic of Turkey,
dated concurrently with this notice (CountrySpecific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Aluminum Extrusions from the People’s
Republic of China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, the
Republic of Korea, Mexico, Malaysia, Taiwan,
Thailand, the Republic of Turkey, the United Arab
25 See
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In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the total 2022 shipments of the
domestic like product for the U.S.
producers that support the Petitions, as
well as the estimated 2022 production
of the domestic like product for the
plants represented by the USW, and
compared this to the estimated total
2022 shipments of the domestic like
product for the entire domestic
industry.28 The petitioners estimated
the total 2022 shipments of the domestic
like product for the entire U.S. industry
based on information derived from the
Aluminum Association.29 Because total
industry production data for the
domestic like product for 2022 are not
reasonably available to the petitioners,
and the petitioners have established that
shipments are a reasonable proxy for
production data,30 we have relied on the
data provided by the petitioners for
purposes of measuring industry
support.31
On October 17, 2023, we received
timely filed comments on industry
support from Hydro Precision Tubing
USA, LLC (Hydro Precision), a U.S.
producer of aluminum extrusions.32 On
October 17, 2023, we also received
timely filed comments on industry
support from Ashley Furniture
Industries, LLC and Kimball
International Inc. (collectively, Ashley/
Kimball), domestic producers of
Emirates, and the Socialist Republic of Vietnam
(Attachment II). These checklists are on file
electronically via ACCESS.
28 See Petitions at Volume I (pages 2–6 and
Exhibits I–3, I–4, I–23, and I–58); see also General
Issues Supplement at 3–7 and Exhibits I-Supp-8
through I-Supp-10.
29 See Petitions at Volume I (pages 3–6 and
Exhibits I–4 and I–58); see also General Issues
Supplement at 3–7 and Exhibit I-Supp-8.
30 See Petitions at Volume I (pages 3–5 and
Exhibit I–4); see also General Issues Supplement at
4–5.
31 See Petitions at Volume I (pages 2–6 and
Exhibits I–1 through I–4, I–23, and I–58); see also
General Issues Supplement at 2–7 and Exhibits ISupp-4 through I-Supp-10. For further discussion,
see Attachment II of the Country-Specific CVD
Initiation Checklists.
32 See Hydro Precision’s Letter, ‘‘Aluminum
Extrusions from the People’s Republic of China,
Colombia, the Dominican Republic, Ecuador, India,
Indonesia, Malaysia, Mexico, the Republic of Korea,
Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of
Vietnam: Hydro Precision Tubing USA, LLC’s
Comments on the Lack of Standing of the Petitioner
and Request for Polling of the Domestic Industry,’’
dated October 17, 2023.
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furniture.33 On October 19, 2023, the
petitioners responded to the comments
from Hydro Precision and Ashley/
Kimball in a timely filed submission.34
Our review of the data provided in the
Petitions, the General Issues
Supplement, the Petitioners’ Standing
Response, and other information readily
available to Commerce indicates that the
petitioners have established industry
support for the Petitions.35 First, the
Petitions established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, Commerce is not
required to take further action in order
to evaluate industry support (e.g.,
polling).36 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
total production of the domestic like
product.37 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.38 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 702(b)(1)
of the Act.39
33 See Ashley/Kimball’s Letter, ‘‘Aluminum
Extrusions from the People’s Republic of China,
Colombia, the Dominican Republic, Ecuador, India,
Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey,
the United Arab Emirates, and the Socialist
Republic of Vietnam: Comments on Industry
Support,’’ dated October 17, 2023.
34 See Petitioners’ Letter, ‘‘Aluminum Extrusions
from the People’s Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia,
Italy, Malaysia, Mexico, the Republic of Korea,
Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of
Vietnam: Response to Comments on Industry
Support,’’ dated October 19, 2023 (Petitioners’
Standing Response).
35 See Petitions at Volume I (pages 2–6 and
Exhibits I–1 through I–4, I–23, and I–58); see also
General Issues Supplement at 2–7 and Exhibits ISupp-4 through I-Supp-10; and Petitioners’
Standing Response at 1–23 and Exhibits 1–16. For
further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
36 See Attachment II of the Country-Specific CVD
Initiation Checklists; see also section 702(c)(4)(D) of
the Act.
37 See Attachment II of the Country-Specific CVD
Initiation Checklists.
38 Id.
39 Id.
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Injury Test
Because China, Indonesia, Mexico,
and Turkey are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China,
Indonesia, Mexico, and/or Turkey
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports from China,
Indonesia, Mexico, and Turkey exceed
the negligibility threshold provided for
under section 771(24)(A) of the Act.40
The petitioner contends that the
industry’s injured condition is
illustrated by a significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; lost sales and revenues;
decline in the domestic industry’s
production, capacity utilization, and
U.S. shipments; declining employment
variables; and adverse impact on the
domestic industry’s profitability and
financial performance.41 We assessed
the allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence, and
meet the statutory requirements for
initiation.42
Initiation of CVD Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of
40 See Petitions at Volume I (pages 37–38 and
Exhibit I–16); see also General Issues Supplement
at 9 and Exhibit I–Supp–11.
41 See Petitions at Volume I (pages 22, 30–60 and
Exhibits I–I–9 through I–56); see also General Issues
Supplement at 7–9 and Exhibit I–Supp–11.
42 See Country-Specific CVD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Aluminum Extrusions from the People’s
Republic of China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, the
Republic of Korea, Mexico, Malaysia, Taiwan,
Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam.
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aluminum extrusions from China,
Indonesia, Mexico, and Turkey benefit
from countervailable subsidies
conferred by the GOC, GOI, GOM, and
GOT, respectively. In accordance with
section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
later than 65 days after the date of these
initiations.
China
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 35 of 41 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the China CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Indonesia
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on seven of eight programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the Indonesia CVD
Initiation Checklist. A public version of
the initiation checklist for this
investigation is available on ACCESS.
Mexico
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 14 of 17 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the Mexico CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Turkey
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 44 of 52 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate an investigation of each
program, see the Turkey CVD Initiation
Checklist. A public version of the
initiation checklist for this investigation
is available on ACCESS.
Respondent Selection
The petitioner identified 281
companies in China, 18 companies in
Indonesia, 14 companies in Mexico, and
39 companies in Turkey as producers
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and/or exporters of aluminum
extrusions.43
Commerce intends to follow its
standard practice in CVD investigations
and calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of known producers/
exporters is large, and it cannot
individually examine each company
based upon Commerce’s resources,
Commerce intends to select mandatory
respondents based on quantity and
value (Q&V) questionnaires issued to
the potential respondents. Commerce
normally selects mandatory respondents
in CVD investigations using U.S.
Customs and Border Protection (CBP)
entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings listed in the scope of the
investigations. However, for these
investigations, due to the wide variety
of individual types of aluminum
extrusions products covered by the
scope, we cannot rely on CBP entry data
in selecting respondents.
Notwithstanding the decision to rely on
Q&V questionnaires for respondent
selection, due to the large number of
producers and/or exporters identified in
the Petitions for China, Indonesia and
Turkey, Commerce has determined to
limit the number of Q&V questionnaires
that it will issue to exporters and
producers based on CBP data for
aluminum extrusions from those
countries during the POI under the
appropriate HTSUS subheadings listed
in the ‘‘Scope of the Investigations,’’ in
the appendix. Accordingly, Commerce
will send Q&V questionnaires to the
largest producers and exporters that are
identified in the CBP data for which
there is complete address information
on the record. With respect to Mexico,
Commerce intends to send Q&V
questionnaires to all producers and
exporters that are identified in the
Petitions for which there is complete
address information on the record.
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Exporters/producers of
aluminum extrusions from China,
Indonesia, Mexico, and Turkey that do
not receive Q&V questionnaires by mail
may still submit a response to the Q&V
questionnaire and can obtain the Q&V
questionnaire from Enforcement and
Compliance’s website. Responses to the
Q&V questionnaire must be submitted
43 See Petitions at Volume I (page 18 and Exhibit
I–8); see also General Issues Supplement at 1–2 and
Exhibit I–Supp–3.
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by the relevant producers/exporters no
later than 5 p.m. ET on November 7,
2023, which is two weeks from the
signature date of this notice. All Q&V
responses must be filed electronically
via ACCESS. An electronically filed
document must be received
successfully, in its entirety, by ACCESS
no later than 5 p.m. ET on the deadline
noted above. Commerce intends to
finalize its decision regarding
respondent selection within 20 days of
publication of this notice.
Distribution of Copies of the Petitions
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOC, GOI, GOM, and GOT via ACCESS.
Furthermore, to the extent practicable,
Commerce will attempt to provide a
copy of the public version of the
Petitions to each exporter named in the
Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of aluminum extrusions from China,
Indonesia, Mexico and/or Turkey are
materially injuring, or threatening
material injury to, a U.S. industry.44 A
negative ITC determination for a
country will result in the investigation
being terminated with respect to that
country.45 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)-(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
44 See
section 703(a)(1) of the Act.
45 Id.
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74437
information is being submitted 46 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.47 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR
351.301.48 For submissions that are due
from multiple parties simultaneously,
an extension request will be considered
untimely if it is filed after 10 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances will we grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in these
investigations.49
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.50
46 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
48 See 19 CFR 351.302.
49 See 19 CFR 301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
50 See section 782(b) of the Act.
47 See
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Parties must use the certification
formats provided in 19 CFR
351.303(g).51 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.52
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: October 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—Scope of the Investigations
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The merchandise subject to these
investigations are aluminum extrusions,
regardless of form, finishing, or fabrication,
whether assembled with other parts or
unassembled, whether coated, painted,
anodized, or thermally improved. Aluminum
extrusions 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, subject
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 1 contain not less than 99
percent aluminum by weight. Subject
51 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
52 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
Additionally, note that Commerce has modified its
regulations to make permanent certain changes to
its service procedures that were adopted on a
temporary basis due to COVID–19, as well as
additional clarifications and corrections to its AD/
CVD regulations. Effective October 30, 2023, these
changes will apply to all AD/CVD proceedings that
are ongoing on the effective date and all AD/CVD
proceedings initiated on or after the effective date.
See Administrative Protective Order, Service, and
Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 3 contain manganese as the
major alloying element, with manganese
accounting for not more than 3.0 percent of
total materials by weight. Subject aluminum
extrusions made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 6
contain 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 scope also includes
merchandise made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 5
(or proprietary equivalents or other certifying
body equivalents) that have a magnesium
content accounting for up to but not more
than 2.0 percent of total materials by weight.
The country of origin of the aluminum
extrusion is determined by where the metal
is extruded (i.e., pressed through a die).
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.
Subject aluminum extrusions are produced
and imported with a variety of coatings and
surface treatments, and types of fabrication.
The types of coatings and treatments applied
to 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), liquid
painted, electroplated, chromate converted,
powder coated, sublimated, wrapped, and/or
bead blasted. Subject aluminum extrusions
may also be fabricated, i.e., prepared for
assembly, or thermally improved. Such
operations would include, but are not limited
to, extrusions that are cut-to-length,
machined, drilled, punched, notched, bent,
stretched, stretch-formed, hydroformed,
knurled, swedged, mitered, chamfered,
threaded, and spun. Performing such
operations in third countries does not
otherwise remove the merchandise from the
scope of the investigations.
The types of products that meet the
definition of subject merchandise include but
are not limited to, vehicle roof rails and sun/
moon roof framing, solar panel racking rails
and framing, tradeshow display fixtures and
framing, parts for tents or clear span
structures, fence posts, drapery rails or rods,
electrical conduits, door thresholds, flooring
trim, electric vehicle battery trays, heat sinks,
signage or advertising poles, picture frames,
telescoping poles, or cleaning system
components.
Aluminum extrusions may be heat sinks,
which are fabricated aluminum extrusions
that dissipate heat away from a heat source
and may serve other functions, such as
structural functions. Heat sinks come in a
variety of sizes and shapes, including but not
limited to a flat electronic heat sink, which
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is a solid aluminum extrusion with at least
one flat side used to mount electronic or
mechanical devices; a heat sink that is a
housing for electronic controls or motors;
lighting heat sinks, which dissipate heat
away from LED devices; and process and
exchange heat sinks, which are tube
extrusions with fins or plates used to hold
radiator tubing. Heat sinks are included in
the scope, regardless of whether the design
and production of the heat sinks are
organized around meeting specified thermal
performance requirements and regardless of
whether they have been tested to comply
with such requirements. For purposes of
these investigations on aluminum extrusions
from the People’s Republic of China, only
heat sinks designed and produced around
meeting specified thermal performance
requirements and tested to comply with such
requirements are included in the scope.
Merchandise that is comprised solely of
aluminum extrusions or aluminum
extrusions and fasteners, whether assembled
at the time of importation or unassembled, is
covered by the scope in its entirety.
The scope also covers aluminum
extrusions that are imported with nonextruded aluminum components beyond
fasteners, whether assembled at the time of
importation or unassembled, that are a part
or subassembly of a larger product or system.
Only the aluminum extrusion portion of the
merchandise described in this paragraph,
whether assembled or unassembled, is
subject to duties. Examples of merchandise
that is a part or subassembly of a larger
product or system include, but are not
limited to, window parts or subassemblies;
door unit parts or subassemblies; shower and
bath system parts or subassemblies; solar
panel mounting systems; fenestration system
parts or subassemblies, such as curtain wall
and window wall units and parts or
subassemblies of storefronts; furniture parts
or subassemblies; appliance parts or
subassemblies, such as fin evaporator coils
and systems for refrigerators; railing or deck
system parts or subassemblies; fence system
parts or subassemblies; motor vehicle parts or
subassemblies, such as bumpers for motor
vehicles; trailer parts or subassemblies, such
as side walls, flooring, and roofings; electric
vehicle charging station parts or
subassemblies; or signage or advertising
system parts or subassemblies. Parts or
subassemblies described by this paragraph
that are subject to duties in their entirety
pursuant to existing antidumping and
countervailing duty orders are excluded from
the scope of these investigations, so long as
they remain subject to the scope of such
orders. Any part or subassembly that
otherwise meets the requirements of this
scope and that is not covered by other
antidumping and/or countervailing duty
orders remains subject to the scope of these
investigations.
The scope excludes assembled
merchandise containing non-extruded
aluminum components beyond fasteners that
is not a part or subassembly of a larger
product or system and that is used as
imported, without undergoing after
importation any processing, fabrication,
finishing, or assembly or the addition of parts
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or material, regardless of whether the
additional parts or material are
interchangeable.
The scope also excludes merchandise
containing non-extruded aluminum
components beyond fasteners that is not a
part or subassembly of a larger product or
system that enters unassembled as a
packaged combination of parts to be
assembled as is for its intended use, without
undergoing after importation any processing,
fabrication, or finishing or the addition of
parts or material, regardless of whether the
additional parts or material are
interchangeable. To be excluded under this
paragraph, the merchandise must be sold and
enter as a discrete kit on one Customs entry
form.
Examples of such excluded assembled and
unassembled merchandise include windows
with glass, door units with door panel and
glass, motor vehicles, trailers, furniture, and
appliances.
The scope also includes aluminum
extrusions that have been further processed
in a third country, including, but not limited
to, the finishing and fabrication processes
described above, assembly, whether with
other aluminum extrusion components or
with non-aluminum extrusion components,
or any other processing that would not
otherwise remove the merchandise from the
scope if performed in the country of
manufacture of the in-scope product. Thirdcountry processing; finishing; and/or
fabrication, including those processes
described in the scope, does not alter the
country of origin of the subject aluminum
extrusions.
The following aluminum extrusion
products are excluded: aluminum extrusions
made from an aluminum alloy with an
Aluminum Association series designations
commencing with the number 2 (or
proprietary equivalents or other certifying
body equivalents) and containing in excess of
1.5 percent copper by weight; aluminum
extrusions made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 5
(or proprietary equivalents or other certifying
body equivalents) and containing in excess of
2.0 percent magnesium by weight; and
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 7 (or proprietary
equivalents or other certifying body
equivalents) and containing in excess of 2.0
percent zinc by weight.
The scope also excludes aluminum alloy
sheet or plates produced by means other than
the extrusion process, such as aluminum
products produced by a method of
continuous casting or rolling. Cast aluminum
products are also excluded. The scope also
excludes 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
(not including proprietary equivalents or
other certifying body equivalents) where the
tubular container (excluding the nozzle)
meets each of the following dimensional
characteristics: (1) length of 37 millimeters
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(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 these
investigations is certain rectangular wire,
imported in bulk rolls or precut strips and
produced from continuously cast rolled
aluminum wire rod, which is subsequently
extruded to dimension to form rectangular
wire with or without rounded edges. The
product is made from aluminum alloy grade
1070 or 1370 (not including proprietary
equivalents or other certifying body
equivalents), with no recycled metal content
allowed. The dimensions of the wire are 2.95
mm to 6.05 mm in width, and 0.65 mm to
1.25 mm in thickness. Imports of rectangular
wire are provided for under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7605.19.0000, 7604.10.5000, or
7616.99.5190.
Also excluded from the scope of these
antidumping and countervailing duty
investigations on aluminum extrusions from
the People’s Republic of China are all
products covered by the scope of the
antidumping and countervailing duty orders
on Aluminum Extrusions from the People’s
Republic of China. See Aluminum Extrusions
from the People’s Republic of China:
Antidumping Duty Order, 76 FR 30,650 (May
26, 2011); and Aluminum Extrusions from
the People’s Republic of China:
Countervailing Duty Order, 76 FR 30,653
(May 26, 2011) (collectively, Aluminum
Extrusions from the People’s Republic of
China). Solely for these investigations on
aluminum extrusions from the People’s
Republic of China, the following is an
exhaustive list of products that meet the
definition of subject merchandise.
Merchandise that is not included in the
following list that meets the definition of
subject merchandise in the 2011
antidumping and countervailing duty orders
on Aluminum Extrusions from the People’s
Republic of China remains subject to the
earlier orders. No other section of this scope
language that provides examples of subject
merchandise is exhaustive. The following
products are included in the scope of these
investigations on aluminum extrusions from
the People’s Republic of China, whether
assembled or unassembled: heat sinks as
described above; cleaning system
components like mops and poles; banner
stands/back walls; fabric wall systems;
drapery rails; side mount valve controls;
water heater anodes; solar panel mounting
systems; 5050 alloy rails for showers and
carpets; auto heating and cooling system
components; assembled motor cases with
stators; louver assemblies; event de´cor;
window wall units and parts; trade booths;
micro channel heat exchangers; telescoping
poles, pole handles, and pole attachments;
flagpoles; wind sign frames; foreline hose
assembly; electronics enclosures; parts and
subassemblies for storefronts, including
portal sets; light poles; air duct registers;
outdoor sporting goods parts and
subassemblies; glass refrigerator shelves;
aluminum ramps; handicap ramp system
parts and subassemblies; frames and parts for
tents and clear span structures; parts and
subassemblies for screen enclosures, patios,
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and sunrooms; parts and subassemblies for
walkways and walkway covers; aluminum
extrusions for LED lights; parts and
subassemblies for screen, storm, and patio
doors; pontoon boat parts and subassemblies,
including rub rails, flooring, decking,
transom structures, canopy systems, seating;
boat hulls, framing, ladders, and transom
structures; parts and subassemblies for docks,
piers, boat lifts and mounting; recreational
and boat trailer parts and subassemblies,
including subframes, crossmembers, and
gates; solar tracker assemblies with gears;
garage door framing systems; door threshold
and sill assemblies; highway and bridge
signs; bridge, street, and highway rails;
scaffolding, including planks and struts;
railing and support systems; parts and
subassemblies for exercise equipment;
weatherstripping; door bottom and sweeps;
door seals; floor transitions and trims; parts
and subassemblies for modular walls and
office furniture; truck trailer parts and
subassemblies; boat cover poles, outrigger
poles, and rod holders; bleachers and
benches; parts and subassemblies for
elevators, lifts, and dumbwaiters; parts and
subassemblies for mirror and framing
systems; window treatments; parts and
subassemblies for air foils and fans; bus and
RV window frames; sliding door rails; dock
ladders; parts and subassemblies for RV
frames and trailers; awning, canopy, and
sunshade structures and their parts and
subassemblies; marine motor mounts; linear
lighting housings; and cluster mailbox
systems.
Imports of the subject merchandise are
primarily provided for under the following
categories of the HTSUS: 7604.10.1000;
7604.10.3000; 7604.10.5000; 7604.21.0010;
7604.21.0090; 7604.29.1010; 7604.29.1090;
7604.29.3060; 7604.29.3090; 7604.29.5050;
7604.29.5090; 7608.10.0030; 7608.10.0090;
7608.20.0030; 7608.20.0090; 7609.00.0000;
7610.10.0010; 7610.10.0020; 7610.10.0030;
7610.90.0040; and 7610.90.0080.
Imports of the subject merchandise,
including subject merchandise entered as
parts of other products, may also be
classifiable under the following additional
HTSUS categories, as well as other HTSUS
categories: 6603.90.8100; 7606.12.3091;
7606.12.3096; 7615.10.2015; 7615.10.2025;
7615.10.3015; 7615.10.3025; 7615.10.5020;
7615.10.5040; 7615.10.7125; 7615.10.7130;
7615.10.7155; 7615.10.7180; 7615.10.9100;
7615.20.0000; 7616.10.9090; 7616.99.1000;
7616.99.5130; 7616.99.5140; 7616.99.5190;
8302.10.3000; 8302.10.6030; 8302.10.6060;
8302.10.6090; 8302.20.0000; 8302.30.3010;
8302.30.3060; 8302.41.3000; 8302.41.6015;
8302.41.6045; 8302.41.6050; 8302.41.6080;
8302.42.3010; 8302.42.3015; 8302.42.3065;
8302.49.6035; 8302.49.6045; 8302.49.6055;
8302.49.6085; 8302.50.0000; 8302.60.3000;
8302.60.9000; 8305.10.0050; 8306.30.0000;
8414.59.6590; 8415.90.8045; 8418.99.8005;
8418.99.8050; 8418.99.8060; 8419.50.5000;
8419.90.1000; 8422.90.0640; 8424.90.9080;
8473.30.2000; 8473.30.5100; 8479.89.9599;
8479.90.8500; 8479.90.9596; 8481.90.9060;
8481.90.9085; 8486.90.0000; 8487.90.0080;
8503.00.9520; 8508.70.0000; 8513.90.2000;
8515.90.2000; 8516.90.5000; 8516.90.8050;
8517.71.0000; 8517.79.0000; 8529.90.7300;
E:\FR\FM\31OCN1.SGM
31OCN1
74440
Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices
8529.90.9760; 8536.90.8585; 8538.10.0000;
8541.90.0000; 8543.90.8885; 8547.90.0020;
8547.90.0030; 8708.10.3050; 8708.29.5160;
8708.80.6590; 8708.99.6890; 8807.30.0060;
9031.90.9195; 9401.99.9081; 9403.99.1040;
9403.99.9010; 9403.99.9015; 9403.99.9020;
9403.99.9040; 9403.99.9045; 9405.99.4020;
9506.11.4080; 9506.51.4000; 9506.51.6000;
9506.59.4040; 9506.70.2090; 9506.91.0010;
9506.91.0020; 9506.91.0030; 9506.99.0510;
9506.99.0520; 9506.99.0530; 9506.99.1500;
9506.99.2000; 9506.99.2580; 9506.99.2800;
9506.99.5500; 9506.99.6080; 9507.30.2000;
9507.30.4000; 9507.30.6000; 9507.30.8000;
9507.90.6000; 9547.90.0040; and
9603.90.8050.
While HTSUS subheadings are provided
for convenience and customs purposes, the
written description of the scope is
dispositive.
[FR Doc. 2023–23961 Filed 10–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD462]
Permits; Foreign Fishing
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of application for
transshipment permit; request for
comments.
AGENCY:
NMFS publishes for public
review and comment information
regarding a permit application for
transshipment of farmed salmon from
aquaculture operations in Maine waters
to processing plants in Canada by
Canadian flagged vessels. The
application for a transshipment permit
is submitted under provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This action is
necessary for NMFS to make a
determination that the permit
application can be approved.
DATES: Written comments must be
received by November 14, 2023.
ADDRESSES: Written comments on this
action, identified by RTID 0648–XD462
should be sent to Kent Laborde and
Jasmine Prat in the NMFS Office of
International Affairs, Trade, and
Commerce by email at kent.laborde@
noaa.gov and jasmine.prat@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kent
Laborde and Jasmine Prat by email at
kent.laborde@noaa.gov and
jasmine.prat@noaa.gov, or by phone at
301–956–5472.
SUPPLEMENTARY INFORMATION: Section
204(d) of the Magnuson-Stevens Act (16
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:18 Oct 30, 2023
Jkt 262001
U.S.C. 1824(d)) authorizes the Secretary
of Commerce (Secretary) to issue a
transshipment permit for a vessel other
than a vessel of the United States to
engage in fishing consisting solely of
transporting fish or fish products at sea
from a point within the United States
Exclusive Economic Zone (EEZ) or, with
the concurrence of a state, within the
boundaries of that state, to a point
outside the United States.
Section 204(d)(3)(D) of the MagnusonStevens Act provides that an application
to transship from U.S. waters to another
country using non-U.S. vessels may not
be approved until the Secretary
determines that ‘‘no owner or operator
of a vessel of the United States which
has adequate capacity to perform the
transportation for which the application
is submitted has indicated . . . an
interest in performing the transportation
at fair and reasonable rates.’’ NMFS is
publishing this notice as part of its effort
to make such a determination with
respect to the application described
below.
Summary of Application
NMFS received an application from
True North Salmon Limited Partnership,
Kelly Cove Salmon Limited, and 697002
NB, Inc., requesting authorization to
transfer salmon from U.S. farm pens in
Maine waters to five Canadian vessels
for the purpose of transporting the
salmon to Blacks Harbour, Canada for
processing. The transshipment
operations will occur within the
boundaries of the State of Maine, and
within 12 nautical miles from Maine’s
seaward boundary. NMFS issued
permits for the same vessels for use in
calendar year 2023. Those permits will
expire December 31, 2023.
Dated: October 26, 2023.
Alexa Cole,
Director, Office of International Affairs,
Trade, and Commerce, National Marine
Fisheries Service.
[FR Doc. 2023–24021 Filed 10–30–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD459]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Pier
Maintenance and Bank Stabilization at
U.S. Coast Guard Air Station Port
Angeles, Port Angeles, Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an authorization
to the U.S. Coast Guard (Coast Guard or
USCG) to harass marine mammals
incidental to construction activities
associated with pier maintenance and
bank stabilization at USCG Air Station
Port Angeles, Port Angeles, Washington.
DATES: This authorization is effective
from July 16, 2024 through July 15,
2025.
ADDRESSES: Electronic copies of the
application and supporting documents,
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-coastguard-air-station-port-angeles-piermaintenance-and. In case of problems
accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Cara
Hotchkin, OPR, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
proposed or, if the taking is limited to
harassment, a notice of a proposed
incidental harassment authorization
(IHA) is provided to the public for
review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
E:\FR\FM\31OCN1.SGM
31OCN1
]]>Agencies
[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74433-74440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23961]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-159, C-560-841, C-201-861, C-489-851]
Aluminum Extrusions From the People's Republic of China,
Indonesia, Mexico, and the Republic of Turkey: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong (People's Republic of
China (China)) at (202) 482-3878; Thomas Martin (Indonesia) at (202)
482-3936; Christopher Williams (Mexico) at (202) 482-5166; and Megan
Goins (Republic of Turkey (Turkey)) at (202) 482-0884, AD/CVD
Operations Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On October 4, 2023, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
aluminum extrusions from China, Indonesia, Mexico, and Turkey filed in
proper form on behalf of the U.S. Aluminum Extruders Coalition \1\ and
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union (USW)
(collectively, the petitioners).\2\ The CVD petitions were accompanied
by antidumping duty (AD) petitions concerning imports of aluminum
extrusions from China, Colombia, the Dominican Republic, Ecuador,
India, Indonesia, Italy, the Republic of Korea, Malaysia, Mexico,
Taiwan, Thailand, Turkey, the United Arab Emirates, and the Socialist
Republic of Vietnam.\3\
---------------------------------------------------------------------------
\1\ The members of the U.S. Aluminum Extruders Coalition are
Alexandria Extrusion Company; APEL Extrusions Inc.; Bonnell
Aluminum; Brazeway; Custom Aluminum Products; Extrudex Aluminum;
International Extrusions; Jordan Aluminum Company; M-D Building
Products, Inc.; Merit Aluminum; MI Metals; Pennex Aluminum; Tower
Extrusions; and Western Extrusions.
\2\ See Petitioners' Letter, ``Aluminum Extrusions from
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy,
Malaysia, Mexico, the People's Republic of China, South Korea,
Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam:
Petitions for the Imposition of Antidumping and Countervailing
Duties,'' dated October 4, 2023 (Petitions).
\3\ Id.
---------------------------------------------------------------------------
Between October 6 and 18, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\
Subsequently, between October 11 and 20, 2023, the petitioners filed
timely responses to these requests for additional information.\5\
---------------------------------------------------------------------------
\4\ See Commerce's Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Aluminum
Extrusions from the People's Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia, Italy, the Republic
of Korea, Malaysia, Mexico, Taiwan, Thailand, the Republic of
Turkey, the United Arab Emirates, and the Socialist Republic of
Vietnam: Supplemental Questions,'' dated October 6, 2023;
``Petitions for the Imposition of Countervailing Duties on Imports
of Aluminum Extrusions from Indonesia: Supplemental Questions,''
dated October 6, 2023; ``Petition for the Imposition of
Countervailing Duties on Imports of Aluminum Extrusions from Mexico:
Supplemental Questions,'' dated October 6, 2023; ``Petitions for the
Imposition of Countervailing Duties on Imports of Aluminum
Extrusions from the Republic of Turkey: Supplemental Questions,''
dated October 6, 2023; ``Petitions for the Imposition of Antidumping
and Countervailing Duties on Imports of Aluminum Extrusions from the
People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam: Supplemental
Questions,'' dated October 10, 2023 (First Scope Questionnaire);
``Countervailing Duty Petition on Aluminum Extrusions from the
People's Republic of China: Supplemental Questions,'' dated October
11, 2023; and ``Petitions for the Imposition of Antidumping and
Countervailing Duties on Imports of Aluminum Extrusions from the
People's Republic of China, Colombia, Ecuador, the Dominican
Republic, India, Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam: Second Scope
Supplemental Questionnaire,'' dated October 18, 2023 (Second Scope
Questionnaire); see also Memoranda, ``Phone Call with Counsel to the
Petitioners,'' dated October 11, 2023 (October 11 Memorandum); and
``Phone Call with Counsel to the Petitioners,'' dated October 19,
2023 (October 19 Memorandum).
\5\ See Petitioners' Letters, ``Aluminum Extrusions from the
People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the Republic of
Korea, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam: Response to First
Supplemental Questions Regarding Common Issues and Injury Petition
Volume I of the Petition,'' dated October 11, 2023 (General Issues
Supplement); ``Aluminum Extrusions from Mexico: Response to First
Supplemental Questions Regarding Mexico Countervailing Duty Volume
XVII of the Petition,'' dated October 11, 2023; ``Aluminum
Extrusions from the Republic of Turkey: Response to First
Supplemental Questions Regarding Turkey Countervailing Duty Volume
XIX of the Petition,'' dated October 11, 2023; ``Aluminum Extrusions
from Indonesia: Response to First Supplemental Questions Regarding
Indonesia Countervailing Duty Volume XVI of the Petition,'' dated
October 12, 2023; ``Aluminum Extrusions from the People's Republic
of China, Indonesia, Mexico, the Republic of Turkey: Response to
First Supplemental Questions Regarding China Countervailing Duty
Volume XVIII of the Petition,'' dated October 16, 2023; ``Aluminum
Extrusions from the People's Republic of China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia,
Mexico, the Republic of Korea, Taiwan, Thailand, the Republic of
Turkey, the United Arab Emirates, and the Socialist Republic of
Vietnam: Response to First Supplemental Scope Questions Regarding
Common Issues and Injury Petition Volume I of the Petition,'' dated
October 13, 2023 (First Scope Supplement); and ``Aluminum Extrusions
from the People's Republic of China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the
Republic of Korea, Taiwan, Thailand, the Republic of Turkey, the
United Arab Emirates, and the Socialist Republic of Vietnam:
Response to Second Supplemental Scope Questions Regarding Common
Issues and Injury Petition Volume I of the Petition,'' dated October
20, 2023 (Second Scope Supplement).
---------------------------------------------------------------------------
[[Page 74434]]
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of China
(GOC), Government of Indonesia (GOI), Government of Mexico (GOM), and
Government of Turkey (GOT), are providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers
of aluminum extrusions from China, Indonesia, Mexico, and Turkey,
respectively, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing in the
United States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating CVD
investigations, the Petitions are supported by information reasonably
available to the petitioners.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(D) and (E) of the Act.\6\
Commerce also finds that the petitioners demonstrated sufficient
industry support with respect to the initiation of the requested CVD
investigations.\7\
---------------------------------------------------------------------------
\6\ See Petitions at Volume I (page 2). The U.S. Aluminum
Extruders Coalition is an interested party under section 771(9)(E)
of the Act, while the USW is an interested party under section
771(9)(D) of the Act.
\7\ See ``Determination of Industry Support for the Petitions''
section, infra.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on October 4, 2023, the periods of
investigation (POI) for China, Indonesia, Mexico, and Turkey are
January 1, 2022, through December 31, 2022.\8\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigations
The products covered by these investigations are aluminum
extrusions from China, Indonesia, Mexico, and Turkey. For a full
description of the scope of these investigations, see the appendix to
this notice.
Comments on Scope of the Investigations
On October 10, 11, 18, and 19, 2023, Commerce requested information
and clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\9\ On October 13 and 20, 2023, the petitioners provided
clarifications and revised the scope.\10\ The description of
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\9\ See First Scope Questionnaire; see also October 11
Memorandum; Second Scope Questionnaire; and October 19 Memorandum.
\10\ See First Scope Supplement at 1-19 and Exhibit I-Scope
Supp-1; see also Second Scope Supplement at 1-3 and Exhibits I-
Second Scope Supp-1 and I-Second Scope Supp-2.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for parties to raise issues regarding product
coverage (i.e., scope).\11\ We have some concerns related to the
administrability of certain provisions in the proposed scope. For
example, we find the definition of subassemblies (included) and
imported merchandise that is not a part or subassembly of a larger
product or system (excluded) remains an outstanding issue. Accordingly,
Commerce intends to continue evaluating the scope of these
investigations, with the possibility of making additional modifications
to clarify further what products are covered and not covered by the
scope of these investigations.
---------------------------------------------------------------------------
\11\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble); see also 19 CFR 351.312.
---------------------------------------------------------------------------
Commerce will consider all scope comments received and, if
necessary, will consult with interested parties prior to the issuance
of the preliminary determinations. If scope comments include factual
information,\12\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5 p.m. Eastern
Time (ET) on November 13, 2023, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5 p.m. ET on November 24, 2023,
which is the next business day after 10 calendar days from the initial
comment deadline.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'') The initial deadline for rebuttal
comments falls on November 23, 2023, which is a federal holiday.
---------------------------------------------------------------------------
Commerce requests that any factual information that the parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC, GOI, GOM, and GOT of the receipt of the Petitions and
provided each an opportunity for consultations with respect to the
Petitions.\15\ The GOC
[[Page 74435]]
requested a consultation,\16\ which was held via video conference on
October 16, 2023.\17\ The GOI requested a consultation,\18\ which was
held via video conference on October 18, 2023.\19\ The GOM requested a
consultation,\20\ which was held via video conference on October 19,
2023.\21\ The GOT requested a consultation,\22\ which was held via
video conference on October 19, 2023.\23\
---------------------------------------------------------------------------
\15\ See Commerce's Letters, ``Countervailing Duty Petition on
Aluminum Extrusions from the People's Republic of China,'' dated
October 5, 2023; ``Countervailing Duty Petition on Aluminum
Extrusions from Indonesia: Invitation for Consultations to Discuss
the Countervailing Duty Petition,'' dated October 5, 2023;
``Aluminum Extrusions from Mexico: Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated October 5, 2023;
and ``Countervailing Duty Petition on Aluminum Extrusions from the
Republic of Turkey,'' dated October 5, 2023.
\16\ See GOC's Letter, ``Aluminum Extrusions from the People's
Republic of China: Request for Consultations to Discuss the
Countervailing Duty Investigation Petitions,'' dated October 9,
2023.
\17\ See Memorandum, ``Consultations with the Officials from the
Government of China,'' dated October 16, 2023.
\18\ See GOI's Letter, ``Government of Indonesia Response on the
Invitation for Consultations to Discuss the Countervailing Duty
Petition Concerning Imports of Aluminum Extrusions from
Indonesia.,'' dated October 10, 2023.
\19\ See Memorandum, ``Consultations with the Officials from the
Government of Indonesia,'' dated October 19, 2023.
\20\ See GOM's Letter, ``Aluminum Extrusions from Mexico GOM's
submission,'' dated October 16, 2023.
\21\ See Memorandum, ``Consultations with Officials from the
Government of Mexico,'' dated October 19, 2023.
\22\ See GOT's Letter, ``Response to Invitation for
Consultations,'' dated October 9, 2023.
\23\ See Memorandum, ``Consultations with Officials from the
Government of the Republic of Turkey,'' dated October 23, 2023; see
also GOT's Letter, ``Countervailing Duty Petition on Aluminum
Extrusions from T[uuml]rkiye: Consultations Held on October 19,
2023,'' dated October 23, 2023.
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\24\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\25\
---------------------------------------------------------------------------
\24\ See section 771(10) of the Act.
\25\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\26\ Based on our analysis of the information
submitted on the record, we have determined that aluminum extrusions,
as defined in the scope, constitute a single domestic like product, and
we have analyzed industry support in terms of that domestic like
product.\27\
---------------------------------------------------------------------------
\26\ See Petitions at Volume I (pages 23-28); see also General
Issues Supplement at 1 and Exhibit I-Supp-1.
\27\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Countervailing Duty Investigation Initiation Checklists:
Aluminum Extrusions from the People's Republic of China, Indonesia,
Mexico, and the Republic of Turkey, dated concurrently with this
notice (Country-Specific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Aluminum Extrusions from the
People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, the Republic of Korea, Mexico,
Malaysia, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam (Attachment II).
These checklists are on file electronically via ACCESS.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the total 2022 shipments of the domestic like product for the U.S.
producers that support the Petitions, as well as the estimated 2022
production of the domestic like product for the plants represented by
the USW, and compared this to the estimated total 2022 shipments of the
domestic like product for the entire domestic industry.\28\ The
petitioners estimated the total 2022 shipments of the domestic like
product for the entire U.S. industry based on information derived from
the Aluminum Association.\29\ Because total industry production data
for the domestic like product for 2022 are not reasonably available to
the petitioners, and the petitioners have established that shipments
are a reasonable proxy for production data,\30\ we have relied on the
data provided by the petitioners for purposes of measuring industry
support.\31\
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\28\ See Petitions at Volume I (pages 2-6 and Exhibits I-3, I-4,
I-23, and I-58); see also General Issues Supplement at 3-7 and
Exhibits I-Supp-8 through I-Supp-10.
\29\ See Petitions at Volume I (pages 3-6 and Exhibits I-4 and
I-58); see also General Issues Supplement at 3-7 and Exhibit I-Supp-
8.
\30\ See Petitions at Volume I (pages 3-5 and Exhibit I-4); see
also General Issues Supplement at 4-5.
\31\ See Petitions at Volume I (pages 2-6 and Exhibits I-1
through I-4, I-23, and I-58); see also General Issues Supplement at
2-7 and Exhibits I-Supp-4 through I-Supp-10. For further discussion,
see Attachment II of the Country-Specific CVD Initiation Checklists.
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On October 17, 2023, we received timely filed comments on industry
support from Hydro Precision Tubing USA, LLC (Hydro Precision), a U.S.
producer of aluminum extrusions.\32\ On October 17, 2023, we also
received timely filed comments on industry support from Ashley
Furniture Industries, LLC and Kimball International Inc. (collectively,
Ashley/Kimball), domestic producers of
[[Page 74436]]
furniture.\33\ On October 19, 2023, the petitioners responded to the
comments from Hydro Precision and Ashley/Kimball in a timely filed
submission.\34\
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\32\ See Hydro Precision's Letter, ``Aluminum Extrusions from
the People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Malaysia, Mexico, the Republic of Korea,
Taiwan, Thailand, the Republic of Turkey, the United Arab Emirates,
and the Socialist Republic of Vietnam: Hydro Precision Tubing USA,
LLC's Comments on the Lack of Standing of the Petitioner and Request
for Polling of the Domestic Industry,'' dated October 17, 2023.
\33\ See Ashley/Kimball's Letter, ``Aluminum Extrusions from the
People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, the Republic of Korea, Malaysia,
Mexico, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam: Comments on
Industry Support,'' dated October 17, 2023.
\34\ See Petitioners' Letter, ``Aluminum Extrusions from the
People's Republic of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the Republic of
Korea, Taiwan, Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam: Response to
Comments on Industry Support,'' dated October 19, 2023 (Petitioners'
Standing Response).
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Our review of the data provided in the Petitions, the General
Issues Supplement, the Petitioners' Standing Response, and other
information readily available to Commerce indicates that the
petitioners have established industry support for the Petitions.\35\
First, the Petitions established support from domestic producers (or
workers) accounting for more than 50 percent of the total production of
the domestic like product and, as such, Commerce is not required to
take further action in order to evaluate industry support (e.g.,
polling).\36\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\37\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(ii) of the Act because the domestic producers (or
workers) who support the Petitions account for more than 50 percent of
the production of the domestic like product produced by that portion of
the industry expressing support for, or opposition to, the
Petitions.\38\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
702(b)(1) of the Act.\39\
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\35\ See Petitions at Volume I (pages 2-6 and Exhibits I-1
through I-4, I-23, and I-58); see also General Issues Supplement at
2-7 and Exhibits I-Supp-4 through I-Supp-10; and Petitioners'
Standing Response at 1-23 and Exhibits 1-16. For further discussion,
see Attachment II of the Country-Specific CVD Initiation Checklists.
\36\ See Attachment II of the Country-Specific CVD Initiation
Checklists; see also section 702(c)(4)(D) of the Act.
\37\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\38\ Id.
\39\ Id.
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Injury Test
Because China, Indonesia, Mexico, and Turkey are ``Subsidies
Agreement Countries'' within the meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to these investigations.
Accordingly, the ITC must determine whether imports of the subject
merchandise from China, Indonesia, Mexico, and/or Turkey materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports from China, Indonesia, Mexico, and Turkey
exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\40\
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\40\ See Petitions at Volume I (pages 37-38 and Exhibit I-16);
see also General Issues Supplement at 9 and Exhibit I-Supp-11.
---------------------------------------------------------------------------
The petitioner contends that the industry's injured condition is
illustrated by a significant volume of subject imports; reduced market
share; underselling and price depression and/or suppression; lost sales
and revenues; decline in the domestic industry's production, capacity
utilization, and U.S. shipments; declining employment variables; and
adverse impact on the domestic industry's profitability and financial
performance.\41\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\42\
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\41\ See Petitions at Volume I (pages 22, 30-60 and Exhibits I-
I-9 through I-56); see also General Issues Supplement at 7-9 and
Exhibit I-Supp-11.
\42\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Aluminum Extrusions from the People's Republic of
China, Colombia, the Dominican Republic, Ecuador, India, Indonesia,
Italy, the Republic of Korea, Mexico, Malaysia, Taiwan, Thailand,
the Republic of Turkey, the United Arab Emirates, and the Socialist
Republic of Vietnam.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of aluminum extrusions from China, Indonesia, Mexico,
and Turkey benefit from countervailable subsidies conferred by the GOC,
GOI, GOM, and GOT, respectively. In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 65 days after the date of
these initiations.
China
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 35 of 41
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
China CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Indonesia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on seven of
eight programs alleged by the petitioners. For a full discussion of the
basis for our decision to initiate an investigation of each program,
see the Indonesia CVD Initiation Checklist. A public version of the
initiation checklist for this investigation is available on ACCESS.
Mexico
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 14 of 17
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
Mexico CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Turkey
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 44 of 52
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate an investigation of each program, see the
Turkey CVD Initiation Checklist. A public version of the initiation
checklist for this investigation is available on ACCESS.
Respondent Selection
The petitioner identified 281 companies in China, 18 companies in
Indonesia, 14 companies in Mexico, and 39 companies in Turkey as
producers
[[Page 74437]]
and/or exporters of aluminum extrusions.\43\
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\43\ See Petitions at Volume I (page 18 and Exhibit I-8); see
also General Issues Supplement at 1-2 and Exhibit I-Supp-3.
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Commerce intends to follow its standard practice in CVD
investigations and calculate company-specific subsidy rates in these
investigations. In the event that Commerce determines that the number
of known producers/exporters is large, and it cannot individually
examine each company based upon Commerce's resources, Commerce intends
to select mandatory respondents based on quantity and value (Q&V)
questionnaires issued to the potential respondents. Commerce normally
selects mandatory respondents in CVD investigations using U.S. Customs
and Border Protection (CBP) entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule of the United States (HTSUS)
subheadings listed in the scope of the investigations. However, for
these investigations, due to the wide variety of individual types of
aluminum extrusions products covered by the scope, we cannot rely on
CBP entry data in selecting respondents. Notwithstanding the decision
to rely on Q&V questionnaires for respondent selection, due to the
large number of producers and/or exporters identified in the Petitions
for China, Indonesia and Turkey, Commerce has determined to limit the
number of Q&V questionnaires that it will issue to exporters and
producers based on CBP data for aluminum extrusions from those
countries during the POI under the appropriate HTSUS subheadings listed
in the ``Scope of the Investigations,'' in the appendix. Accordingly,
Commerce will send Q&V questionnaires to the largest producers and
exporters that are identified in the CBP data for which there is
complete address information on the record. With respect to Mexico,
Commerce intends to send Q&V questionnaires to all producers and
exporters that are identified in the Petitions for which there is
complete address information on the record.
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of aluminum extrusions from
China, Indonesia, Mexico, and Turkey that do not receive Q&V
questionnaires by mail may still submit a response to the Q&V
questionnaire and can obtain the Q&V questionnaire from Enforcement and
Compliance's website. Responses to the Q&V questionnaire must be
submitted by the relevant producers/exporters no later than 5 p.m. ET
on November 7, 2023, which is two weeks from the signature date of this
notice. All Q&V responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5 p.m. ET on the deadline noted
above. Commerce intends to finalize its decision regarding respondent
selection within 20 days of publication of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC, GOI, GOM, and GOT via ACCESS. Furthermore, to the
extent practicable, Commerce will attempt to provide a copy of the
public version of the Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of aluminum extrusions from China, Indonesia,
Mexico and/or Turkey are materially injuring, or threatening material
injury to, a U.S. industry.\44\ A negative ITC determination for a
country will result in the investigation being terminated with respect
to that country.\45\ Otherwise, these CVD investigations will proceed
according to statutory and regulatory time limits.
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\44\ See section 703(a)(1) of the Act.
\45\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \46\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\47\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\46\ See 19 CFR 351.301(b).
\47\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301.\48\ For submissions that are
due from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, Commerce will inform parties in a letter or memorandum of the
deadline (including a specified time) by which extension requests must
be filed to be considered timely. An extension request must be made in
a separate, stand-alone submission; under limited circumstances will we
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\49\
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\48\ See 19 CFR 351.302.
\49\ See 19 CFR 301; see also Extension of Time Limits; Final
Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final Rule),
available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\50\
[[Page 74438]]
Parties must use the certification formats provided in 19 CFR
351.303(g).\51\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\50\ See section 782(b) of the Act.
\51\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in these investigations should ensure
that they meet the requirements of 19 CFR 351.103(d) (e.g., by filing
the required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\52\
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\52\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020). Additionally, note that Commerce has modified its
regulations to make permanent certain changes to its service
procedures that were adopted on a temporary basis due to COVID-19,
as well as additional clarifications and corrections to its AD/CVD
regulations. Effective October 30, 2023, these changes will apply to
all AD/CVD proceedings that are ongoing on the effective date and
all AD/CVD proceedings initiated on or after the effective date. See
Administrative Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: October 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--Scope of the Investigations
The merchandise subject to these investigations are aluminum
extrusions, regardless of form, finishing, or fabrication, whether
assembled with other parts or unassembled, whether coated, painted,
anodized, or thermally improved. Aluminum extrusions 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, subject aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designation commencing with the number 1 contain not less
than 99 percent aluminum by weight. Subject aluminum extrusions made
from an aluminum alloy with an Aluminum Association series
designation commencing with the number 3 contain manganese as the
major alloying element, with manganese accounting for not more than
3.0 percent of total materials by weight. Subject aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designation commencing with the number 6 contain 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 scope also includes merchandise made from an aluminum alloy with
an Aluminum Association series designation commencing with the
number 5 (or proprietary equivalents or other certifying body
equivalents) that have a magnesium content accounting for up to but
not more than 2.0 percent of total materials by weight.
The country of origin of the aluminum extrusion is determined by
where the metal is extruded (i.e., pressed through a die).
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.
Subject aluminum extrusions are produced and imported with a
variety of coatings and surface treatments, and types of
fabrication. The types of coatings and treatments applied to
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), liquid
painted, electroplated, chromate converted, powder coated,
sublimated, wrapped, and/or bead blasted. Subject aluminum
extrusions may also be fabricated, i.e., prepared for assembly, or
thermally improved. Such operations would include, but are not
limited to, extrusions that are cut-to-length, machined, drilled,
punched, notched, bent, stretched, stretch-formed, hydroformed,
knurled, swedged, mitered, chamfered, threaded, and spun. Performing
such operations in third countries does not otherwise remove the
merchandise from the scope of the investigations.
The types of products that meet the definition of subject
merchandise include but are not limited to, vehicle roof rails and
sun/moon roof framing, solar panel racking rails and framing,
tradeshow display fixtures and framing, parts for tents or clear
span structures, fence posts, drapery rails or rods, electrical
conduits, door thresholds, flooring trim, electric vehicle battery
trays, heat sinks, signage or advertising poles, picture frames,
telescoping poles, or cleaning system components.
Aluminum extrusions may be heat sinks, which are fabricated
aluminum extrusions that dissipate heat away from a heat source and
may serve other functions, such as structural functions. Heat sinks
come in a variety of sizes and shapes, including but not limited to
a flat electronic heat sink, which is a solid aluminum extrusion
with at least one flat side used to mount electronic or mechanical
devices; a heat sink that is a housing for electronic controls or
motors; lighting heat sinks, which dissipate heat away from LED
devices; and process and exchange heat sinks, which are tube
extrusions with fins or plates used to hold radiator tubing. Heat
sinks are included in the scope, regardless of whether the design
and production of the heat sinks are organized around meeting
specified thermal performance requirements and regardless of whether
they have been tested to comply with such requirements. For purposes
of these investigations on aluminum extrusions from the People's
Republic of China, only heat sinks designed and produced around
meeting specified thermal performance requirements and tested to
comply with such requirements are included in the scope.
Merchandise that is comprised solely of aluminum extrusions or
aluminum extrusions and fasteners, whether assembled at the time of
importation or unassembled, is covered by the scope in its entirety.
The scope also covers aluminum extrusions that are imported with
non-extruded aluminum components beyond fasteners, whether assembled
at the time of importation or unassembled, that are a part or
subassembly of a larger product or system. Only the aluminum
extrusion portion of the merchandise described in this paragraph,
whether assembled or unassembled, is subject to duties. Examples of
merchandise that is a part or subassembly of a larger product or
system include, but are not limited to, window parts or
subassemblies; door unit parts or subassemblies; shower and bath
system parts or subassemblies; solar panel mounting systems;
fenestration system parts or subassemblies, such as curtain wall and
window wall units and parts or subassemblies of storefronts;
furniture parts or subassemblies; appliance parts or subassemblies,
such as fin evaporator coils and systems for refrigerators; railing
or deck system parts or subassemblies; fence system parts or
subassemblies; motor vehicle parts or subassemblies, such as bumpers
for motor vehicles; trailer parts or subassemblies, such as side
walls, flooring, and roofings; electric vehicle charging station
parts or subassemblies; or signage or advertising system parts or
subassemblies. Parts or subassemblies described by this paragraph
that are subject to duties in their entirety pursuant to existing
antidumping and countervailing duty orders are excluded from the
scope of these investigations, so long as they remain subject to the
scope of such orders. Any part or subassembly that otherwise meets
the requirements of this scope and that is not covered by other
antidumping and/or countervailing duty orders remains subject to the
scope of these investigations.
The scope excludes assembled merchandise containing non-extruded
aluminum components beyond fasteners that is not a part or
subassembly of a larger product or system and that is used as
imported, without undergoing after importation any processing,
fabrication, finishing, or assembly or the addition of parts
[[Page 74439]]
or material, regardless of whether the additional parts or material
are interchangeable.
The scope also excludes merchandise containing non-extruded
aluminum components beyond fasteners that is not a part or
subassembly of a larger product or system that enters unassembled as
a packaged combination of parts to be assembled as is for its
intended use, without undergoing after importation any processing,
fabrication, or finishing or the addition of parts or material,
regardless of whether the additional parts or material are
interchangeable. To be excluded under this paragraph, the
merchandise must be sold and enter as a discrete kit on one Customs
entry form.
Examples of such excluded assembled and unassembled merchandise
include windows with glass, door units with door panel and glass,
motor vehicles, trailers, furniture, and appliances.
The scope also includes aluminum extrusions that have been
further processed in a third country, including, but not limited to,
the finishing and fabrication processes described above, assembly,
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would
not otherwise remove the merchandise from the scope if performed in
the country of manufacture of the in-scope product. Third-country
processing; finishing; and/or fabrication, including those processes
described in the scope, does not alter the country of origin of the
subject aluminum extrusions.
The following aluminum extrusion products are excluded: aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designations commencing with the number 2 (or proprietary
equivalents or other certifying body equivalents) and containing in
excess of 1.5 percent copper by weight; aluminum extrusions made
from an aluminum alloy with an Aluminum Association series
designation commencing with the number 5 (or proprietary equivalents
or other certifying body equivalents) and containing in excess of
2.0 percent magnesium by weight; and aluminum extrusions made from
an aluminum alloy with an Aluminum Association series designation
commencing with the number 7 (or proprietary equivalents or other
certifying body equivalents) and containing in excess of 2.0 percent
zinc by weight.
The scope also excludes aluminum alloy sheet or plates produced
by means other than the extrusion process, such as aluminum products
produced by a method of continuous casting or rolling. Cast aluminum
products are also excluded. The scope also excludes 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 (not including proprietary equivalents
or other certifying body equivalents) 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 these investigations is certain
rectangular wire, imported in bulk rolls or precut strips and
produced from continuously cast rolled aluminum wire rod, which is
subsequently extruded to dimension to form rectangular wire with or
without rounded edges. The product is made from aluminum alloy grade
1070 or 1370 (not including proprietary equivalents or other
certifying body equivalents), with no recycled metal content
allowed. The dimensions of the wire are 2.95 mm to 6.05 mm in width,
and 0.65 mm to 1.25 mm in thickness. Imports of rectangular wire are
provided for under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7605.19.0000, 7604.10.5000, or 7616.99.5190.
Also excluded from the scope of these antidumping and
countervailing duty investigations on aluminum extrusions from the
People's Republic of China are all products covered by the scope of
the antidumping and countervailing duty orders on Aluminum
Extrusions from the People's Republic of China. See Aluminum
Extrusions from the People's Republic of China: Antidumping Duty
Order, 76 FR 30,650 (May 26, 2011); and Aluminum Extrusions from the
People's Republic of China: Countervailing Duty Order, 76 FR 30,653
(May 26, 2011) (collectively, Aluminum Extrusions from the People's
Republic of China). Solely for these investigations on aluminum
extrusions from the People's Republic of China, the following is an
exhaustive list of products that meet the definition of subject
merchandise. Merchandise that is not included in the following list
that meets the definition of subject merchandise in the 2011
antidumping and countervailing duty orders on Aluminum Extrusions
from the People's Republic of China remains subject to the earlier
orders. No other section of this scope language that provides
examples of subject merchandise is exhaustive. The following
products are included in the scope of these investigations on
aluminum extrusions from the People's Republic of China, whether
assembled or unassembled: heat sinks as described above; cleaning
system components like mops and poles; banner stands/back walls;
fabric wall systems; drapery rails; side mount valve controls; water
heater anodes; solar panel mounting systems; 5050 alloy rails for
showers and carpets; auto heating and cooling system components;
assembled motor cases with stators; louver assemblies; event
d[eacute]cor; window wall units and parts; trade booths; micro
channel heat exchangers; telescoping poles, pole handles, and pole
attachments; flagpoles; wind sign frames; foreline hose assembly;
electronics enclosures; parts and subassemblies for storefronts,
including portal sets; light poles; air duct registers; outdoor
sporting goods parts and subassemblies; glass refrigerator shelves;
aluminum ramps; handicap ramp system parts and subassemblies; frames
and parts for tents and clear span structures; parts and
subassemblies for screen enclosures, patios, and sunrooms; parts and
subassemblies for walkways and walkway covers; aluminum extrusions
for LED lights; parts and subassemblies for screen, storm, and patio
doors; pontoon boat parts and subassemblies, including rub rails,
flooring, decking, transom structures, canopy systems, seating; boat
hulls, framing, ladders, and transom structures; parts and
subassemblies for docks, piers, boat lifts and mounting;
recreational and boat trailer parts and subassemblies, including
subframes, crossmembers, and gates; solar tracker assemblies with
gears; garage door framing systems; door threshold and sill
assemblies; highway and bridge signs; bridge, street, and highway
rails; scaffolding, including planks and struts; railing and support
systems; parts and subassemblies for exercise equipment;
weatherstripping; door bottom and sweeps; door seals; floor
transitions and trims; parts and subassemblies for modular walls and
office furniture; truck trailer parts and subassemblies; boat cover
poles, outrigger poles, and rod holders; bleachers and benches;
parts and subassemblies for elevators, lifts, and dumbwaiters; parts
and subassemblies for mirror and framing systems; window treatments;
parts and subassemblies for air foils and fans; bus and RV window
frames; sliding door rails; dock ladders; parts and subassemblies
for RV frames and trailers; awning, canopy, and sunshade structures
and their parts and subassemblies; marine motor mounts; linear
lighting housings; and cluster mailbox systems.
Imports of the subject merchandise are primarily provided for
under the following categories of the HTSUS: 7604.10.1000;
7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090;
7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090;
7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090;
7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010;
7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
Imports of the subject merchandise, including subject
merchandise entered as parts of other products, may also be
classifiable under the following additional HTSUS categories, as
well as other HTSUS categories: 6603.90.8100; 7606.12.3091;
7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015;
7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125;
7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100;
7615.20.0000; 7616.10.9090; 7616.99.1000; 7616.99.5130;
7616.99.5140; 7616.99.5190; 8302.10.3000; 8302.10.6030;
8302.10.6060; 8302.10.6090; 8302.20.0000; 8302.30.3010;
8302.30.3060; 8302.41.3000; 8302.41.6015; 8302.41.6045;
8302.41.6050; 8302.41.6080; 8302.42.3010; 8302.42.3015;
8302.42.3065; 8302.49.6035; 8302.49.6045; 8302.49.6055;
8302.49.6085; 8302.50.0000; 8302.60.3000; 8302.60.9000;
8305.10.0050; 8306.30.0000; 8414.59.6590; 8415.90.8045;
8418.99.8005; 8418.99.8050; 8418.99.8060; 8419.50.5000;
8419.90.1000; 8422.90.0640; 8424.90.9080; 8473.30.2000;
8473.30.5100; 8479.89.9599; 8479.90.8500; 8479.90.9596;
8481.90.9060; 8481.90.9085; 8486.90.0000; 8487.90.0080;
8503.00.9520; 8508.70.0000; 8513.90.2000; 8515.90.2000;
8516.90.5000; 8516.90.8050; 8517.71.0000; 8517.79.0000;
8529.90.7300;
[[Page 74440]]
8529.90.9760; 8536.90.8585; 8538.10.0000; 8541.90.0000;
8543.90.8885; 8547.90.0020; 8547.90.0030; 8708.10.3050;
8708.29.5160; 8708.80.6590; 8708.99.6890; 8807.30.0060;
9031.90.9195; 9401.99.9081; 9403.99.1040; 9403.99.9010;
9403.99.9015; 9403.99.9020; 9403.99.9040; 9403.99.9045;
9405.99.4020; 9506.11.4080; 9506.51.4000; 9506.51.6000;
9506.59.4040; 9506.70.2090; 9506.91.0010; 9506.91.0020;
9506.91.0030; 9506.99.0510; 9506.99.0520; 9506.99.0530;
9506.99.1500; 9506.99.2000; 9506.99.2580; 9506.99.2800;
9506.99.5500; 9506.99.6080; 9507.30.2000; 9507.30.4000;
9507.30.6000; 9507.30.8000; 9507.90.6000; 9547.90.0040; and
9603.90.8050.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
[FR Doc. 2023-23961 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P
