Aluminum Extrusions From Mexico: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 17387-17392 [2024-05068]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17387-17392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05068]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-201-861]


Aluminum Extrusions From Mexico: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final Determination 
With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to certain 
producers and exporters of aluminum extrusions from Mexico. The period 
of investigation is January 1, 2022, through December 31, 2022. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable March 11, 2024.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Christopher 
Williams, AD/CVD Operations, Office I, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0410 
or (202) 482-5166, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). On October 31, 
2023, Commerce published in the Federal Register the notice of 
initiation of this countervailing duty (CVD) investigation.\1\ On 
December 6, 2023, Commerce postponed the preliminary determination of 
this investigation until March 4, 2024.\2\
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    \1\ See Aluminum Extrusions from the People's Republic of China, 
Indonesia, Mexico, and the Republic of Turkey: Initiation of 
Countervailing Duty Investigations, 88 FR 74433 (October 31, 2023) 
(Initiation Notice).
    \2\ See Aluminum Extrusions from the People's Republic of China, 
Indonesia, Mexico, and the Republic of Turkey: Postponement of 
Preliminary Determinations in the Countervailing Duty 
Investigations, 88 FR 84788 (December 6, 2023).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, Decision Memorandum for the 
Preliminary Affirmative Determination of the Countervailing Duty 
Investigation of Aluminum Extrusions from Mexico, dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum extrusions 
from Mexico. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e. , scope).\5\ To date, numerous 
interested parties have commented on the scope of the investigation as 
it appeared in the Initiation Notice. (Separately, on February 20, 
2024, the petitioners \6\ proposed that Commerce modify the scope of 
the investigation.\7\ For further

[[Page 17388]]

discussion of this latter submission, see below.) All parties agree 
that a number of products are excluded from the scope of this 
investigation, and, after analyzing the comments from these parties, 
Commerce preliminarily finds that these products are not subject 
merchandise.\8\ As a result, Commerce has preliminarily determined to 
modify the scope of this investigation to add two examples of excluded 
products (i.e., solar panels and off-grid solar modules), as well as to 
exclude precision non-electrically conductive coated buss bars and 
precision drawn aluminum tubing. See the scope in Appendix I to this 
notice. For further discussion, see the Preliminary Scope Decision 
Memorandum.\9\
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    \4\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 88 FR 74434.
    \6\ The petitioners are the U.S. Aluminum Extruders Coalition 
(the members of which are Alexandria Extrusion Company; APEL 
Extrusions; Bonnell Aluminum; Brazeway; Custom Aluminum Products; 
Extrudex Aluminum; International Extrusions; Jordan Aluminum 
Company; M-D Building Products, Inc.; Merit Aluminum Corporation; MI 
Metals; Pennex Aluminum; Tower Extrusions; and Western Extrusions) 
and the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union.
    \7\ See Petitioners' Letter, ``Revised Scope Language,'' dated 
February 20, 2024 (Petitioners' February 20, 2024 Submission).
    \8\ These products are: (1) fully assembled solar panels; (2) 
fully assembled off-grid solar charging modules; (3) aluminum and 
copper wires produced through a casting process; (4) stationary 
bicycles and rowing machines that enter unassembled as a packaged 
combination of parts to be assembled; (5) shower hooks and other 
articles made from cast aluminum, even where such cast aluminum is 
made from re-melted aluminum that had previously been extruded; and 
(6) precision non-electrically conductive coated buss bars and 
precision drawn aluminum tubing.
    \9\ See Memorandum, ``Antidumping Duty Investigations and 
Countervailing Duty Investigations of Aluminum Extrusions from 
People's Republic of China, Colombia, 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: Preliminary Scope Decision Memorandum,'' dated 
concurrently with this notice (Preliminary Scope Decision 
Memorandum).
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    Additionally, Commerce preliminary determines that the scope 
language in paragraph eight of the scope as it appeared in the 
Initiation Notice, ``so long as they remain subject to the scope of 
such orders,'' has the potential to result in the future expansion of 
the scope of this order, if it is put in place. We have removed this 
language from the scope for the preliminary determination for this 
reason, and Commerce is preliminarily modifying the scope language as 
it appeared in the Initiation Notice accordingly. See the scope in 
Appendix I to this notice.
    Finally, as noted above, in comments dated February 20, 2024, the 
petitioners proposed several substantive modifications to the scope of 
this investigation, as well as the scope in the companion antidumping 
duty (AD) and CVD investigations.\10\ In particular, the petitioners 
proposed, for the first time, that Commerce:
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    \10\ See Petitioners' February 20, 2024 Submission. We are 
considering all the proposed revisions to the scope and have only 
highlighted a few examples of these proposed revisions.

    (1) define the term ``part or subassemblies'' as:
    A part or subassembly is a product that is designed to be 
attached to other components to eventually form a completed product 
or is a product that is designed for the sole purpose of becoming 
part of a larger whole.

    (2) add the following three-part test to determine whether products 
containing multiple subassemblies are excluded from the scope:

    The scope also excludes merchandise containing multiple 
subassemblies of a larger whole with non-extruded aluminum 
components beyond fasteners. A covered subassembly, including any 
product expressly identified as subject merchandise in this scope, 
can only be excluded if it is fully and permanently assembled with 
at least one other different subassembly, and where (1) at least one 
of the subassemblies, if entered individually, would not itself be 
subject to the scope; (2) the non-extruded aluminum portion 
(excluding any fasteners) collectively accounts for more than 50 
percent of the actual weight of the combined multiple subassemblies; 
and (3) the non-extruded aluminum portion (excluding any fasteners) 
collectively accounts for more than 50 percent of the number of 
pieces of the combined multiple subassemblies; and

    (3) modify the definition of ``assembled merchandise'' to add the 
term ``fully and permanently assembled''; to add the word ``whole''; to 
add the phrase ``with the exception of consumable parts or material or 
interchangeable media or tooling''; to remove the phrase ``product or 
system''; and to remove the phrase ``regardless of whether the 
additional parts or materials are interchangeable.'' This paragraph now 
reads:

    The scope excludes fully and permanently assembled merchandise 
containing non-extruded aluminum components beyond fasteners that is 
not a part or subassembly of a larger whole and that is used as 
imported, without undergoing after importation any processing, 
fabrication, finishing, or assembly or the addition of parts or 
material (with the exception of consumable parts or material or 
interchangeable media or tooling).

    Given that these proposed modifications are complex and the 
petitioners requested them close in time to the CVD preliminary 
determination, Commerce has had insufficient time to evaluate them 
fully. We intend to request that the petitioners clarify certain 
aspects of the revised language after the issuance of this preliminary 
determination, and also to allow all interested parties the opportunity 
to comment on the proposed revisions and any clarifications provided by 
the petitioners.\11\ We will address these comments and make a 
determination as to the appropriateness of adopting the proposed 
languages no later than May 1, 2024, the date of the preliminary 
determinations in the companion less-than-fair-value investigations.
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    \11\ See Memorandum,``Scope Comment Schedule,'' dated March 1, 
2024 (citing Petitioners' February 20, 2024 Submission).
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    We also intend to issue our preliminary decision regarding the 
remaining scope comments received from interested parties in response 
to the comment period set forth in the Initiation Notice no later than 
May 1, 2024, and we will establish a briefing schedule to allow 
interested parties to comment on our preliminary scope decisions at 
that time.
    We intend to incorporate the scope decisions from the AD 
investigations into the scope of the final CVD determination for this 
investigation, after considering any relevant comments submitted in 
scope case and rebuttal briefs.\12\
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    \12\ The deadline for interested parties to submit scope case 
and rebuttal briefs will be established at a later time.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found to be 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e. , a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is specific. 
For a full description of the methodology underlying the preliminary 
determination, see the Preliminary Decision Memorandum.

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final CVD determination in this 
investigation with the final determination in the concurrent less-than-
fair value (LTFV) investigation of aluminum extrusions from Mexico 
based on a request made by the petitioners.\13\ Consequently, the final 
CVD determination will be issued on the same date as the final LTFV 
determination, which is currently

[[Page 17389]]

scheduled to be issued no later than July 15, 2024, unless 
postponed.\14\
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    \13\ The petitioners are the U.S. Aluminum Extruders Coalition 
(the members of which are Alexandria Extrusion Company; APEL 
Extrusions; Bonnell Aluminum; Brazeway; Custom Aluminum Products; 
Extrudex Aluminum; International Extrusions; Jordan Aluminum 
Company; M-D Building Products, Inc.; Merit Aluminum Corporation; MI 
Metals; Pennex Aluminum; Tower Extrusions; and Western Extrusions) 
and the United Steel, Paper and Forestry, Rubber, Manufacturing, 
Energy, Allied Industrial and Service Workers International Union. 
See Petitioners' Letter, ``Request to Align Countervailing Duty 
Investigation Final Determination with Antidumping Duty 
Investigation Final Determination,'' dated February 13, 2024.
    \14\ See Aluminum Extrusions from the People's Republic of 
China, Colombia, 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: 
Postponement of Preliminary Determinations in the Less-Than-Fair-
Value Investigations, 89 FR 11814 (February 15, 2024).
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All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or based entirely under section 776 of 
the Act.
    In this investigation, Commerce preliminarily calculated individual 
estimated countervailable subsidy rates for Aluminio de Baja California 
S.A. de C.V. (ABC) and Aluminio Texcoco S.A. de C.V. (ALUTEX). The 
individually calculated rate for ABC is above de minimis. Because the 
individually calculated rate for ALUTEX is de minimis and the other 
rates we assigned are based entirely under section 776 of the Act, the 
estimated weighted-average rate calculated for ABC is the rate assigned 
to all other producers and exporters, pursuant to section 
705(c)(5)(A)(i) of the Act.

Rate for Non-Responsive Companies

    Three potential producers and/or exporters of aluminum extrusions 
from Mexico received but did not respond to Commerce's quantity and 
value (Q&V) questionnaire.\15\ We find that, by not responding to the 
Q&V questionnaire, these companies withheld requested information and 
significantly impeded this proceeding.\16\ Thus, in reaching our 
preliminary determination, pursuant to sections 776(a)(2)(A) and (C) of 
the Act, we are basing the CVD rate for these three companies on facts 
otherwise available.
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    \15\ See Memorandum, ``Quantity and Value Questionnaire Delivery 
Memorandum,'' dated November 13, 2023.
    \16\ These companies are Merit Aluminum Corporation, Merit 
Stamping, and Tubos y Perfiles de Aluminio.
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    We further preliminarily determine that an adverse inference is 
warranted, pursuant to section 776(b) of the Act. By failing to submit 
responses to Commerce's Q&V questionnaire, the three companies did not 
cooperate to the best of their ability in this investigation. 
Accordingly, we preliminarily find that an adverse inference is 
warranted to ensure that the three companies will not obtain a more 
favorable result than had they fully complied with our request for 
information. For more information on the application of adverse facts 
available to the non-responsive companies, see ``Use of Facts Otherwise 
Available and Adverse Inferences'' in the Preliminary Determination 
Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
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    \17\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds the following company to be cross-owned 
with Aluminio de Baja California S.A. de C.V.: Transformadora ABC, 
S.A. de C.V.
    \18\ As discussed in the Preliminary Decision Memorandum, 
Commerce preliminarily finds the following companies to be cross-
owned with Aluminio Texcoco S.A. de C.V.: Extrusiones 
Meta[aacute]licas S.A. de C.V., NEO Aluminio, S.A. de C.V., and 
Fundi-met, S.A. de C.V.

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                           (percent  ad
                                                             valorem)
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Aluminio de Baja California S.A. de C.V.\17\............            1.68
Aluminio Texcoco S.A. de C.V.\18\.......................            0.19
Merit Aluminum Corporation..............................           77.82
Merit Stamping..........................................           77.82
Tubos y Perfiles de Aluminio............................           77.82
All Others..............................................            1.68
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Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days after the date of publication of this 
notice in accordance with 19 CFR 351.224(b).

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice in 
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce 
will instruct CBP to require a cash deposit equal to the rates 
indicated above. Because the subsidy rate for ALUTEX is de minimis, 
Commerce is directing CBP not to suspend liquidation of entries of the 
merchandise from this company.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs related to the preliminary scope decisions 
made in this investigation. The deadlines to submit scope case and 
rebuttal briefs will be provided at a later time. For all scope case 
and rebuttal briefs, parties must file identical documents 
simultaneously on the records of the ongoing companion AD and CVD 
investigations. No new factual information or business proprietary 
information may be included in either scope case or rebuttal briefs.
    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than seven days after the date on which the last verification 
report is issued in this investigation. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\19\ Interested parties who 
submit case briefs or rebuttal briefs in this investigation must 
submit: (1) a table of contents listing each issue; and (2) a table of 
authorities.\20\
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    \19\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \20\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\21\ 
Further, we request that interested parties limit their executive 
summary of each issue to no more than 450 words, not including 
citations. We intend to use the executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations

[[Page 17390]]

in the executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\22\
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    \21\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \22\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice in the Federal Register. 
Requests should contain the party's name, address, telephone number, 
the number of participants, whether any participant is a foreign 
national, and a list of the issues to be discussed. Oral presentations 
at the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold a hearing at a 
time and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

U.S. International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether imports of aluminum extrusions from Mexico are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 703(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: March 4, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation is 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 bright dip), 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 investigation.
    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 the investigation 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 this investigation. 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 the investigation.

[[Page 17391]]

    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 apart 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, appliances, and solar panels 
and solar modules.
    The scope also includes aluminum extrusions that have been 
further processed in a third country, including, but not limited to, 
the finishing and fabrication processes described above, assembly, 
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would 
not otherwise remove the merchandise from the scope if performed in 
the country of manufacture of the in-scope product. Third country 
processing; finishing; and/or fabrication, including those processes 
described in the scope, does not alter the country of origin of the 
subject aluminum extrusions.
    The following aluminum extrusion products are excluded: aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designations commencing with the number 2 (or proprietary 
equivalents or other certifying body equivalents) and containing in 
excess of 1.5 percent copper by weight; aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 5 (or proprietary equivalents 
or other certifying body equivalents) and containing in excess of 
2.0 percent magnesium by weight; and aluminum extrusions made from 
an aluminum alloy with an Aluminum Association series designation 
commencing with the number 7 (or proprietary equivalents or other 
certifying body equivalents) and containing in excess of 2.0 percent 
zinc by weight.
    The scope also excludes aluminum alloy sheet or plates produced 
by means other than the extrusion process, such as aluminum products 
produced by a method of continuous casting or rolling. Cast aluminum 
products are also excluded. The scope also excludes unwrought 
aluminum in any form.
    The scope also excludes collapsible tubular containers composed 
of metallic elements corresponding to alloy code 1080A as designated 
by the Aluminum Association (not including proprietary equivalents 
or other certifying body equivalents) where the tubular container 
(excluding the nozzle) meets each of the following dimensional 
characteristics: (1) length of 37 millimeters (mm) or 62 mm; (2) 
outer diameter of 11.0 mm or 12.7 mm; and (3) wall thickness not 
exceeding 0.13 mm.
    Also excluded from the scope are extruded drawn solid profiles 
made from an aluminum alloy with the Aluminum Association series 
designation commencing with the number 1, 3, or 6 (or proprietary 
equivalents or other certifying body equivalents), including 
variants on individual alloying elements not to circumvent the other 
Aluminum Association series designations, which meet each of the 
following characteristics: (1) solid cross sectional area greater 
than 62.4 mm2 and less than 906 mm2, (2) minimum electrical 
conductivity of 58% of the international annealed copper standard 
(IACS) or maximum resistivity of 2.97 [Omega]/cm, (3) a uniformly 
applied non-electrically conductive temperature-resistant coating 
co-extruded over characteristic (1) of either polyamide, cross-
linked polyethylene, or silicone rubber material which meets the 
following standards: (a) Vicat A temperature threshold of >140 
degrees Celsius, (b) flammability requirements of UL 94V-0, and (c) 
a minimum coating thickness of 0.10 mm and maximum coating thickness 
of 2.0 mm, with a maximum thickness tolerance of +/-0.20 mm, (4) 
characteristic 3 may or may not be encapsulated with a ``Precision 
Drawn Tubing,'' wall thicknesses less than 1.2mm, which is 
mechanically fixed in place, and (5) packaged in straight lengths, 
bent or formed and/or attached to hardware.
    Also excluded from the scope are extruded tubing and drawn over 
a ID plug and through a OD die made from an aluminum alloy with the 
Aluminum Association series designation commencing with the number 
3, 5, or 6 (or proprietary equivalents or other certifying body 
equivalents), including variants on individual alloying elements not 
to circumvent the other Aluminum Association series designations, 
which meet each of the following characteristics: (1) an outside 
mean diameter no greater than 30 mm with a tolerance less than or 
equal to +/-0.10 mm, (2) uniform wall thickness no greater than 2.7 
mm with wall tolerances less than or equal to +/-0.1 mm, (3) may be 
coated with materials, including zinc, such that the coating 
material weight is no less than 3 g/m2 and no greater than 30 g/m2, 
and (4) packaged in continuous coils, straight lengths, bent or 
formed.
    Also excluded from the scope of the investigation 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 the 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 the 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 decor; 
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

[[Page 17392]]

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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Subsidies Valuation
VI. Analysis of Programs
VII. Recommendation

 [FR Doc. 2024-05068 Filed 3-8-24; 8:45 am]
 BILLING CODE 3510-DS-P