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: Initiation of Less-Than-Fair-Value Investigations, 74421-74430 [2023-23962]
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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices
Certain Steel Wheels from China (A–
570–082/C–570–083); steel truck wheels
manufactured in Thailand; 5 produced
in and exported from Thailand;
submitted by Asia Wheel Co., Ltd. (Asia
Wheel); September 15, 2023; ACCESS
scope segment ‘‘Asia Wheel II.’’
Xanthan Gum from China (A–570–
985); GPI Xantech DF40 and GPI
Xantech DF40–D; 6 produced in and
exported from Canada; submitted by
Gum Products International, Inc.;
September 19, 2023; ACCESS scope
segment ‘‘GPI Oilfield Lubricants.’’
Xanthan Gum from China (A–570–
985); GPI PureXan 80AN, GPI PureXan
200AN, and GPI Quickxan; 7 produced
in and exported from Canada; submitted
by Gum Products International, Inc.;
September 19, 2023; ACCESS scope
segment ‘‘GPI Food Ingredients.’’
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Notification to Interested Parties
This list of scope ruling applications
is not an identification of scope
inquiries that have been initiated. In
accordance with 19 CFR 351.225(d)(1),
if Commerce has not rejected a scope
ruling application nor initiated the
scope inquiry within 30 days after the
filing of the application, the application
will be deemed accepted and a scope
inquiry will be deemed initiated the
following day—day 31.8 Commerce’s
practice generally dictates that where a
deadline falls on a weekend, Federal
holiday, or other non-business day, the
appropriate deadline is the next
business day.9 Accordingly, if the 30th
day after the filing of the application
falls on a non-business day, the next
business day will be considered the
5 The products are steel truck wheels that are
produced as follows: (1) using rims manufactured
in Thailand using rectangular steel plates from
China or a third country; and (2) using discs
manufactured in Thailand using circular steel
plates from China or a third country. Asia Wheel
welds the Thailand-produced rims and discs to
assemble steel truck wheels.
6 The products are GPI Xantech DF40 and GPI
Xantech DF40–D, which are dry powders used as
equipment lubricants in the oil and gas drilling
industries.
7 The products are food ingredients.
PureXan80AN and 200AN impart a creamy
consistency to food products. Quickxan 70 is used
as a thickening and stabilizing agent in food
preparations.
8 In accordance with 19 CFR 351.225(d)(2), within
30 days after the filing of a scope ruling application,
if Commerce determines that it intends to address
the scope issue raised in the application in another
segment of the proceeding (such as a circumvention
inquiry under 19 CFR 351.226 or a covered
merchandise inquiry under 19 CFR 351.227), it will
notify the applicant that it will not initiate a scope
inquiry, but will instead determine if the product
is covered by the scope at issue in that alternative
segment.
9 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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‘‘updated’’ 30th day, and if the
application is not rejected or a scope
inquiry initiated by or on that particular
business day, the application will be
deemed accepted and a scope inquiry
will be deemed initiated on the next
business day which follows the
‘‘updated’’ 30th day.10
In accordance with 19 CFR
351.225(m)(2), if there are companion
AD and CVD orders covering the same
merchandise from the same country of
origin, the scope inquiry will be
conducted on the record of the AD
proceeding. Further, please note that
pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope
ruling to all products from the same
country with the same relevant physical
characteristics, (including chemical,
dimensional, and technical
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
request to be included on the annual
inquiry service list during the
10 This structure maintains the intent of the
applicable regulation, 19 CFR 351.225(d)(1), to
allow day 30 and day 31 to be separate business
days.
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anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.11
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to James Maeder,
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
Dated: October 26, 2023.
Scot Fullerton,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023–23991 Filed 10–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–158, A–301–806, A–247–004, A–331–
804, A–533–920, A–560–840, A–475–846, A–
580–918, A–557–826, A–201–860, A–583–
874, A–549–847, A–489–850, A–520–810, A–
552–837]
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: Initiation of LessThan-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill (the People’s Republic of
China (China)) at (202) 482–3518; Jose
Rivera (Colombia) at (202) 482–0842;
Stefan Smith (the Dominican Republic)
at (202) 482–4342; Reginald Anadio
(Ecuador) at (202) 482–3166; Alex
Cipolla (India) at (202) 482–4956;
Jonathan Hall-Eastman (Indonesia) at
(202) 482–1468; Christopher Maciuba
(the Republic of Korea (Korea)) at (202)
482–0413; Eric Hawkins (Italy) at (202)
482–1988; Benjamin Blythe (Malaysia)
at (202) 482–3457; Tyler Weinhold
(Mexico) at (202) 482–1121; Hermes
AGENCY:
11 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
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Pinilla (Taiwan) at (202) 482–3477; Jun
Jack Zhao (Thailand) at (202) 482–1396;
Sean Grossnickle (the Republic of
Turkey (Turkey)) at (202) 482–3818;
John K. Drury (the United Arab Emirates
(UAE)) at (202) 482–0195; and Katherine
Smith (the Socialist Republic of
Vietnam (Vietnam)) at (202) 482–0557,
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
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On October 4, 2023, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of
aluminum extrusions from China,
Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam 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), a coalition
of domestic producers of aluminum
extrusions and a certified union, which
represents workers engaged in the
production of aluminum extrusions in
the United States (collectively, the
petitioners).2 These AD Petitions were
accompanied by countervailing duty
(CVD) petitions concerning imports of
aluminum extrusions from China, India,
Mexico, and Turkey.3
Between October 6 and 20, 2023,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in separate
supplemental questionnaires.4 The
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 (the 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, 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:
Supplemental Questions,’’ dated October 6, 2023;
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petitioners filed responses to the
supplemental questionnaires between
October 12 and 23, 2023.5
‘‘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: Supplemental Questions,’’
dated October 10, 2023 (First Scope Questionnaire);
Country-Specific Supplemental Questionnaires:
China Supplemental, Colombia Supplemental,
Dominican Republic Supplemental, Ecuador
Supplemental; India Supplemental, Indonesia
Supplemental, Italy Supplemental; Korea
Supplemental; Malaysia Supplemental, Mexico
Supplemental, Taiwan Supplemental, Thailand
Supplemental, Turkey Supplemental, UAE
Supplemental, and Vietnam Supplemental, dated
October 10 and 11, 2023; Country-Specific
Supplemental Questionnaires: Second Indonesia
Supplemental and Second Vietnam Supplemental,
dated October 12, 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);
Country-Specific Supplemental Questionnaire:
Second Malaysia Supplemental, dated October 19,
2023; and Country-Specific Supplemental
Questionnaire: Second Ecuador Supplemental,
dated October 20, 2023; see also Memorandum,
‘‘Phone Call with Counsel to the Petitioners,’’ dated
October 11, 2023 (October 11 Memorandum); and
Memorandum, ‘‘Phone Call with Counsel to the
Petitioners,’’ dated October 19, 2023 (October 19
Memorandum).
5 See Petitioner’s 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 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);
Country-Specific Supplemental Responses, dated
October 12, 13, and 16, 2023; Second Mexico and
Turkey Supplemental Responses, 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
Second Supplemental Scope Questions Regarding
Common Issues and Injury Petition Volume I of the
Petition, ’’ dated October 20, 2023 (Second Scope
Supplement); ‘‘Aluminum Extrusions from
Malaysia: Response to Second Supplemental
Questions Regarding Malaysia Antidumping Duty
Volume VII of the Petition,’’ dated October 20,
2023; and ‘‘Aluminum Extrusions from Ecuador:
Response to Second Supplemental Questions
Regarding Ecuador Antidumping Duty Volume IV
of the Petition,’’ dated October 23, 2023.
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In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of aluminum extrusions from China,
Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the
aluminum extrusions industry in the
United States. Consistent with section
732(b)(1) of the Act, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
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 for the initiation of the
requested LTFV investigations.7
Periods of Investigation
Because the Petitions were filed on
October 4, 2023, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the Colombia,
Dominican Republic, Ecuador, India,
Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, and
the UAE AD investigations is October 1,
2022, through September 30, 2023.
Because China and Vietnam are nonmarket economy (NME) countries,
pursuant to 19 CFR 351.204(b)(1), the
POI for the China and Vietnam AD
investigations is April 1, 2023, through
September 30, 2023.
Scope of the Investigations
The products covered by these
investigations are aluminum extrusions
from China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia,
Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, Turkey, the UAE, and
Vietnam. For a full description of the
scope of these investigations, see the
appendix to this notice.
Comments on the Scope of the
Investigations
On October 10, 11, 18, and 19, 2023,
Commerce requested information and
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, infra, section on ‘‘Determination of Industry
Support for the Petitions.’’
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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.8 On October 13 and 20,
2023, the petitioners provided
clarifications and revised the scope of
these investigations.9 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).10 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,11 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.12
8 See First Scope Questionnaire; see also October
11 Memorandum; Second Scope Questionnaire; and
October 19 Memorandum.
9 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.
10 See Antidumping Duties; Countervailing
Duties, Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble); see also 19 CFR 351.312.
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 The deadline for rebuttal comments falls on
November 23, 2023, which is a federal holiday. In
accordance with 19 CFR 351.303(b)(1), Commerce
will accept rebuttal comments filed by 5:00 p.m. ET
on November 24, 2023. Id. (‘‘For both electronically
filed and manually filed documents, if the
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Commerce requests that any factual
information that parties consider
relevant to the scope of these
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
must contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed on the records of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of aluminum extrusions to be reported
in response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP) or
costs of production (COP) accurately, as
well as to develop appropriate product
comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
applicable due date falls on a non-business day, the
Secretary will accept documents that are filed on
the next business day.’’).
13 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 help 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.
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74423
aluminum extrusions, it may be that
only a select few product characteristics
take into account commercially
meaningful physical characteristics. In
addition, interested parties may
comment on the order in which the
physical characteristics should be used
in matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5 p.m. ET on November 13,
2023, which is 20 calendar days from
the signature date of this notice.14 Any
rebuttal comments must be filed by 5:00
p.m. ET on November 24, 2023, which
is the next business day after 10
calendar days from the initial comment
deadline.15 All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the AD investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(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,
14 See
19 CFR 351.303(b)(1).
deadline for rebuttal comments falls on
November 23, 2023, which is a Federal holiday. In
accordance with 19 CFR 351.303(b)(1), Commerce
will accept rebuttal comments filed by 5 p.m. ET
on November 24, 2023. Id. (‘‘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.’’).
15 The
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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,16 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.17
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.18 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.19
16 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 865 F.2d 240 (Fed. Cir. 1989)).
18 See Petitions at Volume I (pages 23–28); see
also General Issues Supplement at 1 and Exhibit I–
Supp–1.
19 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Antidumping Duty
Investigation Initiation Checklists: 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, dated concurrently with this
notice (Country-Specific AD 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,
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17 See
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In determining whether the
petitioners have standing under section
732(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.20 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.21 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,22 we have relied on the
data provided by the petitioners for
purposes of measuring industry
support.23
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.24 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
Thailand, the Republic of Turkey, the United Arab
Emirates, and the Socialist Republic of Vietnam
(Attachment II). These Initiation Checklists are on
file electronically via ACCESS.
20 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.
21 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.
22 See Petitions at Volume I (pages 3–5 and
Exhibit I–4); see also General Issues Supplement at
4–5.
23 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 AD
Initiation Checklists.
24 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.25 On October 19, 2023, the
petitioners responded to the comments
from Hydro Precision and Ashley/
Kimball in a timely filed rebuttal
submission.26
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.27 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).28 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.29 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(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.30 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.31
25 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.
26 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).
27 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 AD Initiation Checklists.
28 See Attachment II of the Country-Specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
29 See Attachment II of the Country-Specific AD
Initiation Checklists.
30 Id.
31 Id.
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Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
with regard to China, Colombia, the
Dominican Republic, Indonesia,
Mexico, Turkey, and Vietnam, the
petitioners allege that subject imports
exceed the negligibility threshold
provided for under section 771(24)(A) of
the Act.32 With regard to Ecuador, India,
Korea, Malysia, Taiwan, Thailand, Italy,
and the UAE, while the allegedly
dumped imports from each of these
countries do not individually exceed the
statutory requirements for negligibility,
the petitioners provided data
demonstrating that the aggregate import
share from these five countries is 13.65
percent, which exceeds the seven
percent threshold established by the
exception in section 771(24)(A)(ii) of the
Act.33
The petitioners contend 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; adverse impact on the
domestic industry’s profitability and
financial performance; and the
magnitude of the alleged dumping
margins.34 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.35
lotter on DSK11XQN23PROD with NOTICES1
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
32 See Petitions at Volume I (pages 37–38 and
Exhibit I–16); see also General Issues Supplement
at 9 and Exhibit I–Supp–11.
33 See General Issues Supplement at 9 and Exhibit
I–Supp–11.
34 See Petitions at Volume I (pages 22, 30–60 and
Exhibits I–9 through I–56); see also General Issues
Supplement at 7–9 and Exhibit I–Supp–11.
35 See Country-Specific AD 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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18:12 Oct 30, 2023
Jkt 262001
AD investigations of imports of
aluminum extrusions from China,
Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam. The
sources of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
For China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia,
Korea, Mexico, Taiwan, Thailand,
Turkey, and Vietnam, the petitioners
based export price (EP) on pricing
information for sales of, or offers for sale
of, aluminum extrusions produced in
and exported from each country.36 For
Italy, Malaysia, and the UAE, the
petitioners based EP on transactionspecific average unit values (AUVs) (i.e.,
a month- and port-specific AUV)
derived from official import statistics
and tied to ship manifest data. For each
country, the petitioners made certain
adjustments to U.S. price to calculate a
net ex-factory U.S. price, where
applicable.37
Normal Value 38
For the Dominican Republic, Italy,
and the UAE, the petitioners based NV
on home market prices they obtained for
aluminum extrusions produced in and
sold, or offered for sale, in each country
during the applicable time period.39 The
petitioners made certain adjustments to
home market price to calculate a net exfactory home market price, where
appropriate.40
For Colombia, Ecuador, India,
Indonesia, Korea, Malaysia, Mexico,
Taiwan, Thailand, and Turkey, the
petitioners stated that they were unable
to obtain home market or third country
pricing information for aluminum
extrusions to use as a basis for NV.41
Therefore, for Colombia, Ecuador, India,
Indonesia, Korea, Malaysia, Mexico,
Taiwan, Thailand, and Turkey, the
petitioners calculated NV based on
constructed value (CV).42 For further
36 See
Country-Specific AD Initiation Checklists.
37 Id.
38 In accordance with section 773(b)(2) of the Act,
for the Colombia, Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia, Mexico,
Taiwan, Thailand, Turkey, and UAE investigations,
Commerce will request information necessary to
calculate the constructed value (CV) and COP to
determine whether there are reasonable grounds to
believe or suspect that sales of the foreign like
product have been made at prices that represent
less than the COP of the product.
39 See Country-Specific AD Initiation Checklists.
40 Id.
41 Id.
42 Id.
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74425
discussion of CV, see the section
‘‘Normal Value Based on Constructed
Value,’’ below.
Commerce considers China and
Vietnam to be NME countries.43 In
accordance with section 771(18)(C)(i) of
the Act, any determination that a foreign
country is an NME country shall remain
in effect until revoked by Commerce.
Therefore, we continue to treat China
and Vietnam as NME countries for
purposes of the initiation of these
investigations. Accordingly, we base NV
on factors of production (FOPs) valued
in a surrogate market economy country
in accordance with section 773(c) of the
Act.
The petitioners claims that Turkey is
an appropriate surrogate country for
China because it is a market economy
that is at a level of economic
development comparable to that of
China and is a significant producer of
comparable merchandise.44 The
petitioners provided publicly available
information from Turkey to value all
FOPs.45 Based on the information
provided by the petitioners, we believe
it is appropriate to use Turkey as a
surrogate country to value all FOPs for
initiation purposes.
The petitioner claims that Indonesia
is an appropriate surrogate country for
Vietnam because it is a market economy
that is at a level of economic
development comparable to that of
Vietnam and is a significant producer of
comparable merchandise.46 The
petitioners provided publicly available
information from Indonesia to value all
FOPs (except selling, general, and
administrative expenses (SG&A),
overhead, financial expenses, and
profit).47 To value SG&A, overhead,
financial expenses, and profit, the
petitioners provided financial
statements from a producer of identical
merchandise domiciled in another
surrogate country, Egypt.48 Based on the
43 See, e.g., Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative
Determination of Critical Circumstances, 88 FR
15372 (March 13, 2023), and accompanying
Preliminary Decision Memorandum at 5,
unchanged in Certain Freight Rail Couplers and
Parts Thereof from the People’s Republic of China:
Final Affirmative Determination of Sales at LessThan-Fair Value and Final Affirmative
Determination of Critical Circumstances, 88 FR
34485 (May 30, 2023); see also Certain Frozen Fish
Fillets from the Socialist Republic of Vietnam: Final
Results, and Final Results of No Shipments of the
Antidumping Duty Administrative Review; 2016–
2017, 84 FR 18007 (April 29, 2019).
44 See China AD Initiation Checklist.
45 Id.
46 See Vietnam AD Initiation Checklist.
47 Id.
48 Id.
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information provided by the petitioners,
we believe it is appropriate to use
Indonesia as a surrogate country to
value all FOPs (except SG&A, overhead,
financial expenses, and profit) and
Egypt to value SG&A, overhead,
financial expenses, and profit for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determinations.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
and Vietnamese producers/exporters
was not reasonably available, the
petitioners used product-specific
consumption rates from a U.S. producer
of aluminum extrusions as a surrogate to
value Chinese and Vietnamese
manufacturers’ FOPs.49 Additionally, as
noted above, the petitioners calculated
factory overhead, SG&A, and profit
based on the experience of a Turkish
and Egyptian producer of identical
merchandise for China and Vietnam,
respectively.50
lotter on DSK11XQN23PROD with NOTICES1
Normal Value Based on Constructed
Value
As noted above for Colombia,
Ecuador, India, Indonesia, Korea,
Malaysia, Mexico, Taiwan, Thailand,
and Turkey, the petitioners stated that
they were unable to obtain home market
or third-country prices for aluminum
extrusions to use as a basis for NV.
Therefore, for these countries, the
petitioners calculated NV based on
CV.51
Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum
of the cost of manufacturing, SG&A,
financial expenses, and profit.52 For
each of these countries, in calculating
the cost of manufacturing, the
petitioners relied on the production
experience and input consumption rates
of a U.S. producer of aluminum
extrusions, valued using publicly
available information applicable to the
respective countries.53 In calculating
SG&A, financial expenses, and profit
49 See China AD Initiation Checklist and Vietnam
AD Initiation Checklist.
50 Id. As noted above, the petitioners calculated
SG&A, overhead, and profit using information
specific to Egypt. See Vietnam AD Initiation
Checklist.
51 See Country-Specific AD Initiation Checklists.
52 Id.
53 Id.
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17:18 Oct 30, 2023
Jkt 262001
ratios (where applicable), the petitioners
relied on the calendar year 2022
financial statements of a producer of
identical or comparable merchandise
domiciled in each respective subject
country or a third country, where
appropriate.54
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of aluminum extrusions
from China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia,
Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, Turkey, the UAE, and
Vietnam are being, or are likely to be,
sold in the United States at LTFV. Based
on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for aluminum extrusions for each of the
countries covered by this initiation are
as follows: (1) China—376.85 percent;
(2) Colombia—165.25 percent; (3)
Dominican Republic—28.29 percent; (4)
Ecuador—42.79 to 63.21 percent; (5)
India—39.05 percent; (6) Indonesia—
88.53 percent; (7) Italy—41.67 percent;
(8) Korea—43.56 percent; (9) Malaysia—
25.89 to 27.51 percent; (10) Mexico—
76.68 to 82.03 percent; (11) Taiwan—
60.25 to 67.86 percent; (12) Thailand—
76.73 percent; (13) Turkey—48.43
percent; (14) UAE—42.29 percent; and
(15) Vietnam—41.84 percent.55
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating LTFV investigations to
determine whether imports of
aluminum extrusions from China,
Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of these initiations.
Respondent Selection
Colombia, Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand,
Turkey, and the UAE
In the Petitions, the petitioners
identified one company in Colombia,
two companies in the Dominican
Republic, three companies in Ecuador,
56 See Petitions at Volume I (page 18 and Exhibit
I–8); see also General Issues Supplement at 1–2 and
Exhibit I–Supp–3.
54 Id.
55 Id.
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13 companies in India, 18 companies in
Indonesia, 22 companies in Italy, 13
companies in Korea, nine companies in
Malaysia, 14 companies in Mexico, 21
companies in Taiwan, eight companies
in Thailand, 39 companies in Turkey,
and 13 companies in the UAE as
producers/exporters of aluminum
extrusions.56 For Ecuador, India,
Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, and
the UAE, in the event Commerce
determines that the number of
companies is large, and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on quantity and value (Q&V)
questionnaires issued to potential
respondents. Following standard
practice in AD investigations involving
market economy countries, Commerce
would normally select respondents
based on U.S. Customs and Border
Protection (CBP) entry data for 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 data in
selecting respondents. Notwithstanding
the decision to rely on Q&V
questionnaires for respondent selection,
due to the number of producers and/or
exporters identified in the Petitions,
Commerce has determined to limit the
number of Q&V questionnaires that it
will issue to producers and/or exporters
based on CBP data for aluminum
extrusions from Indonesia, Italy,
Taiwan, and Turkey during the POI
under the appropriate HTSUS
subheadings listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
Accordingly, for Indonesia, Italy,
Taiwan, and Turkey, Commerce will
send Q&V questionnaires to the largest
producers and/or exporters that are
identified in the CBP entry data for
which there is complete address
information on the record. For Ecuador,
India, Korea, Malaysia, Mexico,
Thailand, and the UAE, we intend to
issue Q&V questionnaires to each
potential respondent for which the
petitioners have provided a complete
address. For Colombia and the
Dominican Republic, the petitioners
identified one company as a producer or
exporter of aluminum extrusions
(Colombia) and two companies as
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producers and/or exporters of
aluminum extrusions (Dominican
Republic). Therefore, unless we receive
voluntary responses to the Q&V
questionnaire from companies not
identified, as described below, we
intend to examine the one producer/
exporter of aluminum extrusions from
Colombia and the two producers/
exporters of aluminum extrusions from
the Dominican Republic.
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 Colombia,
the Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, and
the UAE that do not receive Q&V
questionnaires by mail may still submit
a response to the Q&V questionnaire
and can obtain a copy of 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 5:00 p.m. ET on the
deadline noted above.
Interested parties must submit
applications for disclosure under
administrative protective order (APO) in
accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders. Commerce intends to
make its decisions regarding respondent
selection for Colombia, the Dominican
Republic, Ecuador, India, Indonesia,
Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, Turkey, and the UAE within
20 days of publication of this notice.
China and Vietnam
In the Petitions, the petitioners named
over 100 companies in China and 13
companies in Vietnam as producers
and/or exporters of aluminum
extrusions.57 Our standard practice for
respondent selection in AD
investigations involving NME countries
is to select respondents based on Q&V
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
57 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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based upon its resources. Therefore,
considering the number of producers
and/or exporters identified in the
Petitions, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
determines that the number is large and
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. For China, because there are nearly
300 Chinese producers and/or exporters
identified in the Petitions, Commerce
has determined that it will issue Q&V
questionnaires to the largest producers
and/or exporters that are identified in
the CBP data for which there is
complete address information on the
record. For Vietnam, Commerce has
determined that it will issue Q&V
questionnaires to each potential
respondent for which the petitioners
have provided a complete address.
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
aluminum extrusions from China and
Vietnam that do not receive Q&V
questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese and Vietnamese producers/
exporters no later than 5:00 p.m. ET on
November 7, 2023, which is two weeks
from the signature date of this notice.
All Q&V questionnaire responses must
be filed electronically via ACCESS. An
electronically filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
As stated above, instructions for filing
such applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders. Commerce intends to
make its decisions regarding respondent
selection for China and Vietnam within
20 days of publication of this notice.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
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74427
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice. Exporters and producers must
file a timely separate rate application if
they want to be considered for
individual examination. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China and
Vietnam submit a response both to the
Q&V questionnaire and to the separate
rate application by the respective
deadlines in order to receive
consideration for separate rate status.
Companies not filing a timely Q&V
questionnaire response will not receive
separate rate consideration.
Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that {Commerce} will now
assign in its NME Investigation will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.58
Distribution of Copies of the AD
Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of China, Colombia,
the Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, the
58 See Enforcement and Compliance’s Policy
Bulletin 05.1, regarding, ‘‘Separate-Rates Practice
and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005) at 6 (emphasis added),
available on Commerce’s website at https://
access.trade.gov/Resources/policy/bull05-1.pdf.
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UAE, and Vietnam via ACCESS. To the
extent practicable, we will attempt to
provide a copy of the public version of
the AD Petitions to each exporter named
in the AD Petitions, as provided under
19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of aluminum extrusions from
China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia,
Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, Turkey, the UAE, and/or
Vietnam are materially injuring, or
threatening material injury to, a U.S.
industry.59 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.60 Otherwise, these LTFV
investigations will proceed according to
statutory and regulatory time limits.
lotter on DSK11XQN23PROD with NOTICES1
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 61 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.62 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
59 See
62 See
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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17:18 Oct 30, 2023
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), set a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial section D
questionnaire response.
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
351.301.63 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, we 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, we will inform parties in a
letter or memorandum of the deadline
(including a specified time) by which
63 See 19 CFR 351.301; 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.
section 733(a) of the Act.
60 Id.
61 See
submitting factual information in these
investigations.
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Sfmt 4703
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances we will 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.64
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.65
Parties must use the certification
formats provided in 19 CFR
351.303(g).66 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 APO
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
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.67
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
64 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
65 See section 782(b) of the Act.
66 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
67 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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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices
Dated: October 24, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
lotter on DSK11XQN23PROD with NOTICES1
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,
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17:18 Oct 30, 2023
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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 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
PO 00000
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74429
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
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
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Federal Register / Vol. 88, No. 209 / Tuesday, October 31, 2023 / Notices
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
VerDate Sep<11>2014
17:18 Oct 30, 2023
Jkt 262001
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,
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
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Fmt 4703
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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;
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. 2023–23962 Filed 10–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877, A–570–064, C–533–878, C–570–
065]
Stainless Steel Flanges From India and
the Peoples’s Republic of China:
Continuation of Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that revocation of the antidumping duty
(AD) and countervailing duty (CVD)
orders on stainless steel flanges from
India and the People’s Republic of
China (China) would likely lead to a
continuation or recurrence of dumping,
AGENCY:
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]]>Agencies
[Federal Register Volume 88, Number 209 (Tuesday, October 31, 2023)]
[Notices]
[Pages 74421-74430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23962]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-158, A-301-806, A-247-004, A-331-804, A-533-920, A-560-840, A-
475-846, A-580-918, A-557-826, A-201-860, A-583-874, A-549-847, A-489-
850, A-520-810, A-552-837]
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: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 24, 2023.
FOR FURTHER INFORMATION CONTACT: Jonathan Hill (the People's Republic
of China (China)) at (202) 482-3518; Jose Rivera (Colombia) at (202)
482-0842; Stefan Smith (the Dominican Republic) at (202) 482-4342;
Reginald Anadio (Ecuador) at (202) 482-3166; Alex Cipolla (India) at
(202) 482-4956; Jonathan Hall-Eastman (Indonesia) at (202) 482-1468;
Christopher Maciuba (the Republic of Korea (Korea)) at (202) 482-0413;
Eric Hawkins (Italy) at (202) 482-1988; Benjamin Blythe (Malaysia) at
(202) 482-3457; Tyler Weinhold (Mexico) at (202) 482-1121; Hermes
[[Page 74422]]
Pinilla (Taiwan) at (202) 482-3477; Jun Jack Zhao (Thailand) at (202)
482-1396; Sean Grossnickle (the Republic of Turkey (Turkey)) at (202)
482-3818; John K. Drury (the United Arab Emirates (UAE)) at (202) 482-
0195; and Katherine Smith (the Socialist Republic of Vietnam (Vietnam))
at (202) 482-0557, 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 antidumping duty (AD) petitions concerning imports of aluminum
extrusions from China, Colombia, the Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam 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), a coalition of domestic producers of
aluminum extrusions and a certified union, which represents workers
engaged in the production of aluminum extrusions in the United States
(collectively, the petitioners).\2\ These AD Petitions were accompanied
by countervailing duty (CVD) petitions concerning imports of aluminum
extrusions from China, India, Mexico, and Turkey.\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 (the Petitions).
\3\ Id.
---------------------------------------------------------------------------
Between October 6 and 20, 2023, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in separate
supplemental questionnaires.\4\ The petitioners filed responses to the
supplemental questionnaires between October 12 and 23, 2023.\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, 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:
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,
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: Supplemental Questions,'' dated October 10, 2023 (First
Scope Questionnaire); Country-Specific Supplemental Questionnaires:
China Supplemental, Colombia Supplemental, Dominican Republic
Supplemental, Ecuador Supplemental; India Supplemental, Indonesia
Supplemental, Italy Supplemental; Korea Supplemental; Malaysia
Supplemental, Mexico Supplemental, Taiwan Supplemental, Thailand
Supplemental, Turkey Supplemental, UAE Supplemental, and Vietnam
Supplemental, dated October 10 and 11, 2023; Country-Specific
Supplemental Questionnaires: Second Indonesia Supplemental and
Second Vietnam Supplemental, dated October 12, 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); Country-
Specific Supplemental Questionnaire: Second Malaysia Supplemental,
dated October 19, 2023; and Country-Specific Supplemental
Questionnaire: Second Ecuador Supplemental, dated October 20, 2023;
see also Memorandum, ``Phone Call with Counsel to the Petitioners,''
dated October 11, 2023 (October 11 Memorandum); and Memorandum,
``Phone Call with Counsel to the Petitioners,'' dated October 19,
2023 (October 19 Memorandum).
\5\ See Petitioner's 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 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);
Country-Specific Supplemental Responses, dated October 12, 13, and
16, 2023; Second Mexico and Turkey Supplemental Responses, 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 Second Supplemental Scope
Questions Regarding Common Issues and Injury Petition Volume I of
the Petition, '' dated October 20, 2023 (Second Scope Supplement);
``Aluminum Extrusions from Malaysia: Response to Second Supplemental
Questions Regarding Malaysia Antidumping Duty Volume VII of the
Petition,'' dated October 20, 2023; and ``Aluminum Extrusions from
Ecuador: Response to Second Supplemental Questions Regarding Ecuador
Antidumping Duty Volume IV of the Petition,'' dated October 23,
2023.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of aluminum
extrusions from China, Colombia, the Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the aluminum
extrusions industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioners supporting their allegations.
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 for the initiation of the requested LTFV
investigations.\7\
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\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, infra, section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigation
Because the Petitions were filed on October 4, 2023, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) for the Colombia,
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, and the UAE AD investigations is
October 1, 2022, through September 30, 2023. Because China and Vietnam
are non-market economy (NME) countries, pursuant to 19 CFR
351.204(b)(1), the POI for the China and Vietnam AD investigations is
April 1, 2023, through September 30, 2023.
Scope of the Investigations
The products covered by these investigations are aluminum
extrusions from China, Colombia, the Dominican Republic, Ecuador,
India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand,
Turkey, the UAE, and Vietnam. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On October 10, 11, 18, and 19, 2023, Commerce requested information
and
[[Page 74423]]
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.\8\ On October 13 and 20, 2023, the petitioners provided
clarifications and revised the scope of these investigations.\9\ The
description of merchandise covered by these investigations, as
described in the appendix to this notice, reflects these
clarifications.
---------------------------------------------------------------------------
\8\ See First Scope Questionnaire; see also October 11
Memorandum; Second Scope Questionnaire; and October 19 Memorandum.
\9\ 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.
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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).\10\ 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.
---------------------------------------------------------------------------
\10\ See Antidumping Duties; Countervailing Duties, Final Rule,
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,\11\ 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.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ The deadline for rebuttal comments falls on November 23,
2023, which is a federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept rebuttal comments filed by 5:00
p.m. ET on November 24, 2023. Id. (``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.'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these 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 must contact Commerce and
request permission to submit the additional information. All such
submissions must be filed on the records of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\13\ 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 help 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of aluminum extrusions to
be reported in response to Commerce's AD questionnaires. This
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe aluminum extrusions, it may be that only a select few
product characteristics take into account commercially meaningful
physical characteristics. In addition, interested parties may comment
on the order in which the physical characteristics should be used in
matching products. Generally, Commerce attempts to list the most
important physical characteristics first and the least important
characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5 p.m. ET on November 13,
2023, which is 20 calendar days from the signature date of this
notice.\14\ Any rebuttal comments must be filed by 5:00 p.m. ET on
November 24, 2023, which is the next business day after 10 calendar
days from the initial comment deadline.\15\ All comments and
submissions to Commerce must be filed electronically using ACCESS, as
explained above, on the record of each of the AD investigations.
---------------------------------------------------------------------------
\14\ See 19 CFR 351.303(b)(1).
\15\ The deadline for rebuttal comments falls on November 23,
2023, which is a Federal holiday. In accordance with 19 CFR
351.303(b)(1), Commerce will accept rebuttal comments filed by 5
p.m. ET on November 24, 2023. Id. (``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.'').
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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,
[[Page 74424]]
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,\16\ 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.\17\
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\16\ See section 771(10) of the Act.
\17\ 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 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.\18\ 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.\19\
---------------------------------------------------------------------------
\18\ See Petitions at Volume I (pages 23-28); see also General
Issues Supplement at 1 and Exhibit I-Supp-1.
\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Antidumping Duty Investigation Initiation Checklists: 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, dated concurrently with this notice (Country-Specific AD
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 Initiation Checklists are
on file electronically via ACCESS.
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(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.\20\ 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.\21\ 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,\22\ we have relied on the
data provided by the petitioners for purposes of measuring industry
support.\23\
---------------------------------------------------------------------------
\20\ 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.
\21\ 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.
\22\ See Petitions at Volume I (pages 3-5 and Exhibit I-4); see
also General Issues Supplement at 4-5.
\23\ 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 AD Initiation Checklists.
---------------------------------------------------------------------------
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.\24\ 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 furniture.\25\ On October 19,
2023, the petitioners responded to the comments from Hydro Precision
and Ashley/Kimball in a timely filed rebuttal submission.\26\
---------------------------------------------------------------------------
\24\ 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.
\25\ 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.
\26\ 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).
---------------------------------------------------------------------------
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.\27\
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).\28\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(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.\29\ Finally, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 732(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.\30\ Accordingly, Commerce determines that the Petitions were
filed on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\31\
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\27\ 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 AD Initiation Checklists.
\28\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\29\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\30\ Id.
\31\ Id.
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[[Page 74425]]
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with regard to China, Colombia,
the Dominican Republic, Indonesia, Mexico, Turkey, and Vietnam, the
petitioners allege that subject imports exceed the negligibility
threshold provided for under section 771(24)(A) of the Act.\32\ With
regard to Ecuador, India, Korea, Malysia, Taiwan, Thailand, Italy, and
the UAE, while the allegedly dumped imports from each of these
countries do not individually exceed the statutory requirements for
negligibility, the petitioners provided data demonstrating that the
aggregate import share from these five countries is 13.65 percent,
which exceeds the seven percent threshold established by the exception
in section 771(24)(A)(ii) of the Act.\33\
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\32\ See Petitions at Volume I (pages 37-38 and Exhibit I-16);
see also General Issues Supplement at 9 and Exhibit I-Supp-11.
\33\ See General Issues Supplement at 9 and Exhibit I-Supp-11.
---------------------------------------------------------------------------
The petitioners contend 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;
adverse impact on the domestic industry's profitability and financial
performance; and the magnitude of the alleged dumping margins.\34\ 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.\35\
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\34\ See Petitions at Volume I (pages 22, 30-60 and Exhibits I-9
through I-56); see also General Issues Supplement at 7-9 and Exhibit
I-Supp-11.
\35\ See Country-Specific AD 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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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate AD investigations of
imports of aluminum extrusions from China, Colombia, the Dominican
Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia, Mexico,
Taiwan, Thailand, Turkey, the UAE, and Vietnam. The sources of data for
the deductions and adjustments relating to U.S. price and normal value
(NV) are discussed in greater detail in the Country-Specific AD
Initiation Checklists.
U.S. Price
For China, Colombia, the Dominican Republic, Ecuador, India,
Indonesia, Korea, Mexico, Taiwan, Thailand, Turkey, and Vietnam, the
petitioners based export price (EP) on pricing information for sales
of, or offers for sale of, aluminum extrusions produced in and exported
from each country.\36\ For Italy, Malaysia, and the UAE, the
petitioners based EP on transaction-specific average unit values (AUVs)
(i.e., a month- and port-specific AUV) derived from official import
statistics and tied to ship manifest data. For each country, the
petitioners made certain adjustments to U.S. price to calculate a net
ex-factory U.S. price, where applicable.\37\
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\36\ See Country-Specific AD Initiation Checklists.
\37\ Id.
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Normal Value \38\
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\38\ In accordance with section 773(b)(2) of the Act, for the
Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy,
Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, and UAE
investigations, Commerce will request information necessary to
calculate the constructed value (CV) and COP to determine whether
there are reasonable grounds to believe or suspect that sales of the
foreign like product have been made at prices that represent less
than the COP of the product.
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For the Dominican Republic, Italy, and the UAE, the petitioners
based NV on home market prices they obtained for aluminum extrusions
produced in and sold, or offered for sale, in each country during the
applicable time period.\39\ The petitioners made certain adjustments to
home market price to calculate a net ex-factory home market price,
where appropriate.\40\
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\39\ See Country-Specific AD Initiation Checklists.
\40\ Id.
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For Colombia, Ecuador, India, Indonesia, Korea, Malaysia, Mexico,
Taiwan, Thailand, and Turkey, the petitioners stated that they were
unable to obtain home market or third country pricing information for
aluminum extrusions to use as a basis for NV.\41\ Therefore, for
Colombia, Ecuador, India, Indonesia, Korea, Malaysia, Mexico, Taiwan,
Thailand, and Turkey, the petitioners calculated NV based on
constructed value (CV).\42\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value,'' below.
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\41\ Id.
\42\ Id.
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Commerce considers China and Vietnam to be NME countries.\43\ In
accordance with section 771(18)(C)(i) of the Act, any determination
that a foreign country is an NME country shall remain in effect until
revoked by Commerce. Therefore, we continue to treat China and Vietnam
as NME countries for purposes of the initiation of these
investigations. Accordingly, we base NV on factors of production (FOPs)
valued in a surrogate market economy country in accordance with section
773(c) of the Act.
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\43\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023); see also
Certain Frozen Fish Fillets from the Socialist Republic of Vietnam:
Final Results, and Final Results of No Shipments of the Antidumping
Duty Administrative Review; 2016-2017, 84 FR 18007 (April 29, 2019).
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The petitioners claims that Turkey is an appropriate surrogate
country for China because it is a market economy that is at a level of
economic development comparable to that of China and is a significant
producer of comparable merchandise.\44\ The petitioners provided
publicly available information from Turkey to value all FOPs.\45\ Based
on the information provided by the petitioners, we believe it is
appropriate to use Turkey as a surrogate country to value all FOPs for
initiation purposes.
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\44\ See China AD Initiation Checklist.
\45\ Id.
---------------------------------------------------------------------------
The petitioner claims that Indonesia is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\46\ The petitioners
provided publicly available information from Indonesia to value all
FOPs (except selling, general, and administrative expenses (SG&A),
overhead, financial expenses, and profit).\47\ To value SG&A, overhead,
financial expenses, and profit, the petitioners provided financial
statements from a producer of identical merchandise domiciled in
another surrogate country, Egypt.\48\ Based on the
[[Page 74426]]
information provided by the petitioners, we believe it is appropriate
to use Indonesia as a surrogate country to value all FOPs (except SG&A,
overhead, financial expenses, and profit) and Egypt to value SG&A,
overhead, financial expenses, and profit for initiation purposes.
---------------------------------------------------------------------------
\46\ See Vietnam AD Initiation Checklist.
\47\ Id.
\48\ Id.
---------------------------------------------------------------------------
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determinations.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese and Vietnamese producers/exporters was not reasonably
available, the petitioners used product-specific consumption rates from
a U.S. producer of aluminum extrusions as a surrogate to value Chinese
and Vietnamese manufacturers' FOPs.\49\ Additionally, as noted above,
the petitioners calculated factory overhead, SG&A, and profit based on
the experience of a Turkish and Egyptian producer of identical
merchandise for China and Vietnam, respectively.\50\
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\49\ See China AD Initiation Checklist and Vietnam AD Initiation
Checklist.
\50\ Id. As noted above, the petitioners calculated SG&A,
overhead, and profit using information specific to Egypt. See
Vietnam AD Initiation Checklist.
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Normal Value Based on Constructed Value
As noted above for Colombia, Ecuador, India, Indonesia, Korea,
Malaysia, Mexico, Taiwan, Thailand, and Turkey, the petitioners stated
that they were unable to obtain home market or third-country prices for
aluminum extrusions to use as a basis for NV. Therefore, for these
countries, the petitioners calculated NV based on CV.\51\
---------------------------------------------------------------------------
\51\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A, financial expenses,
and profit.\52\ For each of these countries, in calculating the cost of
manufacturing, the petitioners relied on the production experience and
input consumption rates of a U.S. producer of aluminum extrusions,
valued using publicly available information applicable to the
respective countries.\53\ In calculating SG&A, financial expenses, and
profit ratios (where applicable), the petitioners relied on the
calendar year 2022 financial statements of a producer of identical or
comparable merchandise domiciled in each respective subject country or
a third country, where appropriate.\54\
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\52\ Id.
\53\ Id.
\54\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of aluminum extrusions from China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, the UAE, and Vietnam are being, or
are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for aluminum extrusions for each of
the countries covered by this initiation are as follows: (1) China--
376.85 percent; (2) Colombia--165.25 percent; (3) Dominican Republic--
28.29 percent; (4) Ecuador--42.79 to 63.21 percent; (5) India--39.05
percent; (6) Indonesia--88.53 percent; (7) Italy--41.67 percent; (8)
Korea--43.56 percent; (9) Malaysia--25.89 to 27.51 percent; (10)
Mexico--76.68 to 82.03 percent; (11) Taiwan--60.25 to 67.86 percent;
(12) Thailand--76.73 percent; (13) Turkey--48.43 percent; (14) UAE--
42.29 percent; and (15) Vietnam--41.84 percent.\55\
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\55\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of aluminum extrusions from China, Colombia, the
Dominican Republic, Ecuador, India, Indonesia, Italy, Korea, Malaysia,
Mexico, Taiwan, Thailand, Turkey, the UAE, and Vietnam are being, or
are likely to be, sold in the United States at LTFV. In accordance with
section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our preliminary determinations no later than
140 days after the date of these initiations.
Respondent Selection
Colombia, Dominican Republic, Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand, Turkey, and the UAE
In the Petitions, the petitioners identified one company in
Colombia, two companies in the Dominican Republic, three companies in
Ecuador, 13 companies in India, 18 companies in Indonesia, 22 companies
in Italy, 13 companies in Korea, nine companies in Malaysia, 14
companies in Mexico, 21 companies in Taiwan, eight companies in
Thailand, 39 companies in Turkey, and 13 companies in the UAE as
producers/exporters of aluminum extrusions.\56\ For Ecuador, India,
Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey,
and the UAE, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on quantity and value (Q&V)
questionnaires issued to potential respondents. Following standard
practice in AD investigations involving market economy countries,
Commerce would normally select respondents based on U.S. Customs and
Border Protection (CBP) entry data for 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 data in
selecting respondents. Notwithstanding the decision to rely on Q&V
questionnaires for respondent selection, due to the number of producers
and/or exporters identified in the Petitions, Commerce has determined
to limit the number of Q&V questionnaires that it will issue to
producers and/or exporters based on CBP data for aluminum extrusions
from Indonesia, Italy, Taiwan, and Turkey during the POI under the
appropriate HTSUS subheadings listed in the ``Scope of the
Investigations,'' in the appendix. Accordingly, for Indonesia, Italy,
Taiwan, and Turkey, Commerce will send Q&V questionnaires to the
largest producers and/or exporters that are identified in the CBP entry
data for which there is complete address information on the record. For
Ecuador, India, Korea, Malaysia, Mexico, Thailand, and the UAE, we
intend to issue Q&V questionnaires to each potential respondent for
which the petitioners have provided a complete address. For Colombia
and the Dominican Republic, the petitioners identified one company as a
producer or exporter of aluminum extrusions (Colombia) and two
companies as
[[Page 74427]]
producers and/or exporters of aluminum extrusions (Dominican Republic).
Therefore, unless we receive voluntary responses to the Q&V
questionnaire from companies not identified, as described below, we
intend to examine the one producer/exporter of aluminum extrusions from
Colombia and the two producers/exporters of aluminum extrusions from
the Dominican Republic.
---------------------------------------------------------------------------
\56\ See Petitions at Volume I (page 18 and Exhibit I-8); see
also General Issues Supplement at 1-2 and Exhibit I-Supp-3.
---------------------------------------------------------------------------
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
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy,
Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey, and the UAE that do
not receive Q&V questionnaires by mail may still submit a response to
the Q&V questionnaire and can obtain a copy of 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 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at https://www.trade.gov/administrative-protective-orders. Commerce intends to make its decisions regarding respondent
selection for Colombia, the Dominican Republic, Ecuador, India,
Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, Turkey,
and the UAE within 20 days of publication of this notice.
China and Vietnam
In the Petitions, the petitioners named over 100 companies in China
and 13 companies in Vietnam as producers and/or exporters of aluminum
extrusions.\57\ Our standard practice for respondent selection in AD
investigations involving NME countries is to select respondents based
on Q&V questionnaires in cases where it has determined that the number
of companies is large and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petitions, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. For China, because there are nearly 300 Chinese producers and/or
exporters identified in the Petitions, Commerce has determined that it
will issue Q&V questionnaires to the largest producers and/or exporters
that are identified in the CBP data for which there is complete address
information on the record. For Vietnam, Commerce has determined that it
will issue Q&V questionnaires to each potential respondent for which
the petitioners have provided a complete address.
---------------------------------------------------------------------------
\57\ See Petitions at Volume I (page 18 and Exhibit I-8); see
also General Issues Supplement at 1-2 and Exhibit I-Supp-3.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of aluminum extrusions from
China and Vietnam that do not receive Q&V questionnaires may still
submit a response to the Q&V questionnaire and can obtain a copy of the
Q&V questionnaire from Commerce's website. Responses to the Q&V
questionnaire must be submitted by the relevant Chinese and Vietnamese
producers/exporters no later than 5:00 p.m. ET on November 7, 2023,
which is two weeks from the signature date of this notice. All Q&V
questionnaire responses must be filed electronically via ACCESS. An
electronically filed document must be received successfully, in its
entirety, by ACCESS no later than 5:00 p.m. ET on the deadline noted
above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
https://www.trade.gov/administrative-protective-orders. Commerce
intends to make its decisions regarding respondent selection for China
and Vietnam within 20 days of publication of this notice.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from China and
Vietnam submit a response both to the Q&V questionnaire and to the
separate rate application by the respective deadlines in order to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\58\
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\58\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the AD Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, Turkey, the
[[Page 74428]]
UAE, and Vietnam via ACCESS. To the extent practicable, we will attempt
to provide a copy of the public version of the AD Petitions to each
exporter named in the AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of aluminum extrusions from China, Colombia,
the Dominican Republic, Ecuador, India, Indonesia, Italy, Korea,
Malaysia, Mexico, Taiwan, Thailand, Turkey, the UAE, and/or Vietnam are
materially injuring, or threatening material injury to, a U.S.
industry.\59\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\60\
Otherwise, these LTFV investigations will proceed according to
statutory and regulatory time limits.
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\59\ See section 733(a) of the Act.
\60\ Id.
---------------------------------------------------------------------------
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 \61\ 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.\62\ 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.
---------------------------------------------------------------------------
\61\ See 19 CFR 351.301(b).
\62\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), set
a deadline for the submission of PMS allegations and supporting factual
information. However, in order to administer section 773(e) of the Act,
Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
section D questionnaire response.
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.\63\ 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, we 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, we 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 we will
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.\64\
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\63\ See 19 CFR 351.301; 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.
\64\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\65\
Parties must use the certification formats provided in 19 CFR
351.303(g).\66\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\65\ See section 782(b) of the Act.
\66\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO 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 letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\67\
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\67\ 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 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
[[Page 74429]]
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 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
[[Page 74430]]
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; 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. 2023-23962 Filed 10-30-23; 8:45 am]
BILLING CODE 3510-DS-P
