Aluminum Extrusions From Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination, 17405-17410 [2024-05069]
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
Customs and Border Protection (CBP)
shall assess, countervailing duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review, for the
above-listed company at the applicable
ad valorem assessment rate. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
In accordance with section 751(a)(1)
of the Act, Commerce intends to instruct
CBP to collect cash deposits of
estimated countervailing duties in the
amount shown for the company listed
above. For all non-reviewed firms, we
will instruct CBP to continue to collect
cash deposits of estimated
countervailing duties at the most recent
company-specific or all-others rate
applicable to the company, as
appropriate. These cash deposits, when
imposed, shall remain in effect until
further notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Timely written notification of the
retuSW nen/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
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Notice to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(5).
Dated: March 5, 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
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IV. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether to Grant CS Wind an
Entered Value Adjustment
Comment 2: Whether to Apply Adverse
Facts Available as a Result of CS Wind’s
Land Reporting
Comment 3: Whether Commerce Should
Revise its Land Benchmark
Comment 4: Whether to Initiate on the
Petitioner’s New Subsidy Allegations
Concerning Natural Gas and Water for
Less Than Adequate Remuneration
Comment 5: Whether CS Wind Received
Countervailable Benefits Under the
Import Duties Exemption Program
Comment 6: Whether Commerce Should
Revise its Electricity Benchmark
VIII. Recommendation
[FR Doc. 2024–05114 Filed 3–8–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–841]
Aluminum Extrusions From Indonesia:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With the Final
Antidumping Duty Determination
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
producers and exporters of aluminum
extrusions from Indonesia. The period
of investigation (POI) 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 Martin or Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3936 or (202) 482–4037,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this countervailing
duty (CVD) investigation on October 31,
PO 00000
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17405
2023.1 On December 6, 2023, Commerce
postponed the preliminary
determination until March 4, 2024.2
For a complete description of 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.
Scope of the Investigation
The products covered by this
investigation are aluminum extrusions
from Indonesia. 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
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).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Aluminum
Extrusions from Indonesia,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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.
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proposed that Commerce modify the
scope of the investigation.7 For further
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 nonelectrically 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
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
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).
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.
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petitioners proposed, for the first time,
that Commerce:
(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 nonextruded 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 nonextruded 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
11 See Memorandum,’’ Scope Comment
Schedule,’’ dated March 1, 2024 (citing Petitioners’
February 20, 2024 Submission).
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proposed languages no later than May 1,
2024, the date of the preliminary
determinations in the companion lessthan-fair-value investigations.
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
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.13 For a
full description of the methodology
underlying our preliminary
determination, see the Preliminary
Decision Memorandum.
Commerce notes that, in making these
findings, it relied, in part, on facts
available, and, because it finds that
Alutech did not act to the best of its
ability to respond to Commerce’s
requests for information, it drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.14 For further
information, see the ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ section in 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 AD investigation of
aluminum extrusions from Indonesia,
based on a request made by the
petitioners.15 Consequently, the final
12 The deadline for interested parties to submit
scope case and rebuttal briefs will be established at
a later time.
13 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
14 See sections 776(a) and (b) of the Act.
15 See Petitioners’ Letter, ‘‘Request to Align
Countervailing Duty Investigation Final
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CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than July
15, 2024, unless postponed.
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 zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
In this investigation, Commerce
preliminarily calculated a total net
subsidy rate for PT Indal Aluminium
Industry Tbk. (Indal) that is de minimis
and a net subsidy rate for PT Alfo Citra
Abadi (PT Alfo) that is not zero, de
minimis, or based entirely on the facts
otherwise available. Because Commerce
calculated an individual estimated
countervailable subsidy rate for PT Alfo
that is not zero, de minimis, or based
entirely on the facts otherwise available,
we have preliminarily assigned an allothers rate based on the estimated
subsidy rate calculated for PT Alfo.
Preliminary Determination
Commerce preliminarily determines
that the following estimated
countervailable subsidy rates exist:
Company
PT Indal Aluminium
Industry Tbk 16.
PT Alfo Citra Abadi ...
Alutech ......................
All Others ..................
Subsidy rate
(percent ad valorem)
0.52 (de minimis).
6.69.
43.56.
6.69.
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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
of the date of the 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,
Determination with Antidumping Duty
Investigation Final Determination,’’ dated February
13, 2024.
16 As discussed in the Preliminary Decision
Memorandum, Commerce preliminarily determines
PT Indal Aluminium Industry Tbk. is cross-owned
with PT Indal Reiwa Auto.
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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 section 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 Indal is de minimis,
Commerce is directing CBP not to
suspend liquidation of entries of the
merchandise produced and exported by
Indal.
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 the case
briefs, may be filed not later than five
days after the date for filing case
briefs.17 Interested parties who submit
case briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
table of authorities.18
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
17 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).
18 See 19 351.309(c)(2) and (d)(2).
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17407
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.19 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
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).20
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 via ACCESS within 30 days
after the date of publication of this
notice. Requests should contain the
party’s name, address, and telephone
number, the number of participants, 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, parties
will be notified of the time and date for
the hearing.21 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 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 Indonesia
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act, and 19 CFR
351.205(c).
19 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
20 See APO and Service Final Rule.
21 See 19 CFR 351.310(d).
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
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.
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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
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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 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
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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.
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
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(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 mW/
cm, (3) a uniformly applied non-electrically
conductive temperature-resistant coating coextruded 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
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18:24 Mar 08, 2024
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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 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
PO 00000
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Fmt 4703
Sfmt 4703
17409
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;
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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
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–877]
Stainless Steel Flanges From India:
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
producers/exporters of stainless steel
flanges (flanges) from India did not
make sales of subject merchandise in
the United States at prices below normal
value (NV) during the period of review
(POR) October 1, 2021, through
September 30, 2022.
DATES: Applicable March 11, 2024.
FOR FURTHER INFORMATION CONTACT:
Benito Ballesteros or Seth Brown, AD/
CVD Operations, Office IX, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–7425 or (202) 482–0029,
respectively.
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Background
We made no changes to the
Preliminary Results based on comments
from interested parties.
Commerce selected two companies,
Chandan Steel Limited (Chandan) and
Kisaan Die Tech Private Limited (KDT)
as the mandatory respondents, in this
review. On November 6, 2023,
Commerce published the Preliminary
Results and invited interested parties to
comment.1 In December 2023, we
received case briefs from Core Pipe
Products, Inc. (the petitioner) and
rebuttal briefs from Chandan and KDT.2
For a complete description of the events
that occurred since the Preliminary
Results, see the Issues and Decision
Memorandum.3 Commerce conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
Analysis of Comments Received
[FR Doc. 2024–05069 Filed 3–8–24; 8:45 am]
VerDate Sep<11>2014
Changes Since the Preliminary Results
The merchandise covered by the order
is flanges from India. For a complete
description of the scope of the order, see
the Preliminary Results PDM.
I. Summary
II. Background
III. Injury Test
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Subsidies Valuation
VI. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
AGENCY:
SUPPLEMENTARY INFORMATION:
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice in Appendix I. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
1 See Stainless Steel Flanges from India:
Preliminary Results of Antidumping Duty
Administrative Review and Partial Rescission;
2021–2022, 88 FR 76176 (November 6, 2023)
(Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Petitioner’s Letters, ‘‘Petitioner’s Case Brief
for Chandan,’’ dated December 6, 2023; and
‘‘Petitioner’s Case Brief for KDT,’’ dated December
6, 2023; see also Chandan’s Letter, ‘‘Submission of
rebuttal brief in response to petitioner’s case brief,’’
dated December 18, 2023; and KDT’s Letter,
‘‘Rebuttal to Petitioners Pre-Preliminary
Comments,’’ dated December 18, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Stainless Steel Flanges from India; 2021–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
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Sfmt 4703
Final Results of Review
The final estimated weighted-average
dumping margins are listed below for
the period October 1, 2021, through
September 30, 2022:
Exporter/producer
Chandan Steel Limited ...............
Kisaan Die Tech Private Limited
Companies Not Selected for Individual Examination 4 .............
Weightedaverage
dumping
margin
(percent)
0.00
0.00
0.00
Disclosure
Normally, Commerce will disclose to
the parties in a proceeding the
calculations performed in connection
with the final results of review within
five days of any public announcement
or, if there is no public announcement,
within five days of the date of
publication of the notice of final results
in the Federal Register, in accordance
with 19 CFR 351.224(b). However,
because we have made no changes to
the Preliminary Results, there are no
new calculations to disclose.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review. Where a
respondent’s weighted-average dumping
margin is either zero or de minimis (i.e.,
less than 0.5 percent), we will instruct
CBP to liquidate the appropriate entries
without regard to antidumping duties.
Accordingly, because Chandan’s and
KDT’s weighted-average dumping
margins are zero percent, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by Chandan or KDT for which
these companies did not know the
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
4 See appendix II for the list of exporters and/or
producers not selected for individual examination.
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]]>Agencies
[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17405-17410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05069]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-560-841]
Aluminum Extrusions From Indonesia: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final Determination
With the 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
producers and exporters of aluminum extrusions from Indonesia. The
period of investigation (POI) 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 Martin or Krisha Hill, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3936 or (202) 482-4037,
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). Commerce
published the notice of initiation of this countervailing duty (CVD)
investigation on October 31, 2023.\1\ On December 6, 2023, Commerce
postponed the preliminary determination until March 4, 2024.\2\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
For a complete description of 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of the Countervailing Duty Investigation
of Aluminum Extrusions from Indonesia,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from Indonesia. 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\
[[Page 17406]]
proposed that Commerce modify the scope of the investigation.\7\ For
further 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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\11\ See Memorandum,'' Scope Comment Schedule,'' dated March 1,
2024 (citing Petitioners' February 20, 2024 Submission).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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.\13\ For a full description of the methodology underlying our
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\13\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Commerce notes that, in making these findings, it relied, in part,
on facts available, and, because it finds that Alutech did not act to
the best of its ability to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\14\ For further
information, see the ``Use of Facts Otherwise Available and Adverse
Inferences'' section in the Preliminary Decision Memorandum.
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\14\ See sections 776(a) and (b) of the Act.
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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 AD
investigation of aluminum extrusions from Indonesia, based on a request
made by the petitioners.\15\ Consequently, the final
[[Page 17407]]
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
July 15, 2024, unless postponed.
---------------------------------------------------------------------------
\15\ See Petitioners' Letter, ``Request to Align Countervailing
Duty Investigation Final Determination with Antidumping Duty
Investigation Final Determination,'' dated February 13, 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
zero and de minimis rates and any rates based entirely under section
776 of the Act.
In this investigation, Commerce preliminarily calculated a total
net subsidy rate for PT Indal Aluminium Industry Tbk. (Indal) that is
de minimis and a net subsidy rate for PT Alfo Citra Abadi (PT Alfo)
that is not zero, de minimis, or based entirely on the facts otherwise
available. Because Commerce calculated an individual estimated
countervailable subsidy rate for PT Alfo that is not zero, de minimis,
or based entirely on the facts otherwise available, we have
preliminarily assigned an all-others rate based on the estimated
subsidy rate calculated for PT Alfo.
Preliminary Determination
Commerce preliminarily determines that the following estimated
countervailable subsidy rates exist:
------------------------------------------------------------------------
Company Subsidy rate (percent ad valorem)
------------------------------------------------------------------------
PT Indal Aluminium Industry Tbk \16\ 0.52 (de minimis).
PT Alfo Citra Abadi................. 6.69.
Alutech............................. 43.56.
All Others.......................... 6.69.
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\16\ As discussed in the Preliminary Decision Memorandum,
Commerce preliminarily determines PT Indal Aluminium Industry Tbk.
is cross-owned with PT Indal Reiwa Auto.
---------------------------------------------------------------------------
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 of the date of the 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 section 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 Indal is de minimis,
Commerce is directing CBP not to suspend liquidation of entries of the
merchandise produced and exported by Indal.
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 the case briefs, may be filed not later than five days
after the date for filing case briefs.\17\ Interested parties who
submit case briefs or rebuttal briefs in this proceeding must submit:
(1) a table of contents listing each issue; and (2) a table of
authorities.\18\
---------------------------------------------------------------------------
\17\ 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).
\18\ See 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
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.\19\
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 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).\20\
---------------------------------------------------------------------------
\19\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\20\ See APO and Service Final Rule.
---------------------------------------------------------------------------
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 via ACCESS
within 30 days after the date of publication of this notice. Requests
should contain the party's name, address, and telephone number, the
number of participants, 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, parties will be notified of
the time and date for the hearing.\21\ Parties should confirm by
telephone the date, time, and location of the hearing two days before
the scheduled date.
---------------------------------------------------------------------------
\21\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
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 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 Indonesia are materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act, and 19 CFR 351.205(c).
[[Page 17408]]
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.
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
[[Page 17409]]
(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 [mu][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
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;
[[Page 17410]]
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. Benchmarks and Discount Rates
VII. Analysis of Programs
VIII. Recommendation
[FR Doc. 2024-05069 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-DS-P
