Aluminum Extrusions From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 38075-38080 [2024-09932]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38075-38080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09932]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-837]


Aluminum Extrusions From the Socialist Republic of Vietnam: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that aluminum extrusions from the Socialist Republic of 
Vietnam (Vietnam) are being, or are likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is April 1, 2023, through September 30, 2023. Interested parties 
are invited to comment on this preliminary determination.

DATES: Applicable May 7, 2024.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2972.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 31, 
2023.\1\ On February 15, 2024, Commerce postponed the preliminary 
determination in this investigation until May 1, 2024.\2\
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    \1\ See Aluminum Extrusions from the People's Republic of China, 
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, 
the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the 
Republic of Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam: Initiation of Less-Than-Fair-Value 
Investigations, 88 FR 74421 (October 31, 2023) (Initiation Notice).
    \2\ 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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    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 in the Less-Than-Fair-Value Investigation 
of Aluminum Extrusions from the Socialist Republic of Vietnam,'' 
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 Vietnam. 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\ in 
the Initiation Notice, Commerce set aside a period of time for parties 
to raise issues regarding product coverage (i.e., scope).\5\ Certain 
interested parties commented on the scope of the investigation as it 
appeared in the Initiation Notice, as well as additional language 
proposed by Commerce. For a summary of the product coverage comments 
and rebuttal responses submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see Preliminary Scope Decision Memorandum II.\6\ 
Commerce is preliminarily modifying the scope language as it appeared 
in the Initiation Notice. See the revised scope in Appendix I to this 
notice.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 at FR 74423.
    \6\ 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 T[uuml]rkiye, the United Arab Emirates, and the 
Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum 
II,'' dated concurrently with this notice (Preliminary Scope 
Decision Memorandum II).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export prices in accordance 
with section 772(a) of the Act and calculated constructed export prices 
in accordance with section 772(b) of the Act. Because Vietnam is a non-
market economy (NME) country, within the meaning of section 771(18) of 
the Act, Commerce has calculated normal value in accordance with 
section 773(c) of the Act. In addition, pursuant to sections 776(a) and 
(b) of the Act, Commerce preliminarily relied upon facts otherwise 
available, with adverse inferences, to assign a dumping margin for the 
Vietnam-wide entity. For a full description of the methodology 
underlying the preliminary determination, see the Preliminary Decision 
Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\
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    \7\ See Initiation Notice, 88 FR at 74427.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

[[Page 38076]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
             Exporter                       Producer            dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
East Asia Aluminum Company         East Asia Aluminum               2.85
 Limited.                           Company Limited.
Austdoor Group Joint Stock         Austdoor Group Joint             2.85
 Company.                           Stock Company.
BKQ Manufacturing and Trading      Fravi Vietnam Group Joint        2.85
 Company Limited.                   Stock Company.
Viet Nam Chuangxing Aluminium      Vietnam Yongxing                 2.85
 Company Limited.                   Aluminium Industry Co.,
                                    Ltd.
Do Thanh Aluminium Joint Stock     Do Thanh Aluminium Joint         2.85
 Company.                           Stock Company.
Ha Noi DST Joint Stock Company...  Ha Noi DST Joint Stock           2.85
                                    Company.
Euroha Joint Stock Company.......  Euroha Joint Stock               2.85
                                    Company.
Fravi Viet Nam Group Joint Stock   Fravi Viet Nam Group             2.85
 Company.                           Joint Stock Company.
Gold Well Co., Ltd...............  Gold Well Co., Ltd.......        2.85
Hong Xin Co., Ltd................  Vietnam Yongxing                 2.85
                                    Aluminium Industry Co.,
                                    LTD.
Hyundai Aluminum Vina              Hyundai Aluminum Vina            2.85
 Shareholding Company.              Shareholding Company.
KIMSEN Industrial Corporation....  KIMSEN Industrial                2.85
                                    Corporation.
Mien Hua Precision Mechanical      Mien Hua Precision               2.85
 Co., Ltd.                          Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock    Ngoc Diep Aluminium Joint        2.85
 Company.                           Stock Company.
Nhon Troch Branch of Tung Kuang    Nhon Troch Branch of Tung        2.85
 Industrial Joint Stock Company.    Kuang Industrial Joint
                                    Stock Company.
Northstar Precision (Vietnam)      Northstar Precision              2.85
 Co., Ltd.                          (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium           Sapa Ben Thanh Aluminium         2.85
 Profiles, Co., Ltd.                Profiles, Co., Ltd.
Song Hong Aluminum Shalumi Group   Song Hong Aluminum               2.85
 Joint Stock Company.               Shalumi Group Joint
                                    Stock Company.
Shinyang Metal Korea Co., Ltd....  Shinyang Metal Korea Co.,        2.85
                                    Ltd.
Shinyang Metal Vietnam Co., Ltd..  Shinyang Metal Vietnam           2.85
                                    Co., Ltd.
Tan A Aluminum Company Limited...  Tan A Aluminum Company           2.85
                                    Limited.
Tin An Investment Production       Austdoor Group Joint             2.85
 Trading Joint Stock Company.       Stock Company.
Tin An Investment Production       Viet Phap Aluminium              2.85
 Trading Joint Stock Company.       Factory--Viet Phap Shal
                                    Aluminium Joint Stock
                                    Company.
Tin Kim Plastic Joint Stock        Austdoor Group Joint             2.85
 Company.                           Stock Company.
Tin Kim Plastic Joint Stock        Viet Phap Aluminium              2.85
 Company.                           Factory--Viet Phap Shal
                                    Aluminium Joint Stock
                                    Company.
Tung Kuang Industrial Joint Stock  Tung Kuang Industrial            2.85
 Company.                           Joint Stock Company.
Tung Shin Industrial Co., Ltd....  Tung Shin Industrial Co.,        2.85
                                    Ltd.
Vietnam Beta Aluminum Company      Vietnam Beta Aluminum            2.85
 Limited.                           Company Limited.
Vietnam Yongxing Aluminium         Vietnam Yongxing                 2.85
 Industry Co., Ltd.                 Aluminium Industry Co.,
                                    Ltd.
Vietnam-Wide Entity..............  .........................     * 41.84
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
entries of subject merchandise, as described in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, pursuant 
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will 
instruct CBP to require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price, as indicated in the 
table above as follows: (1) for the producer/exporter combinations 
listed in the table above, the cash deposit rate is equal to the 
estimated weighted-average dumping margin listed for that combination 
in the table; (2) for all combinations of Vietnamese producers/
exporters of merchandise under consideration that have not established 
eligibility for their own separate rates, the cash deposit rate will be 
equal to the estimated weighted-average dumping margin established for 
the Vietnam-wide entity; and (3) for all third-country exporters of 
merchandise under consideration not listed in the table above, the cash 
deposit rate is the cash deposit rate applicable to the Vietnamese 
producer/exporter combination or Vietnam-wide entity that supplied that 
third-country exporter.
    These suspension of liquidation instructions will remain in effect 
until further notice.

Disclosure

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

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

    For scope-related comments, please refer to the Preliminary Scope 
Decision Memorandum II for the deadlines of scope comments. After the 
submission of scope comments, Commerce will set a schedule for the 
submission of case and rebuttal briefs limited to scope issues.
    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 final verification 
report is issued in this investigation.\9\ 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.\10\ Interested parties who 
submit case briefs or rebuttal briefs in this proceeding must submit: 
(1) a table of

[[Page 38077]]

contents listing each issue; and (2) a table of authorities.\11\
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    \9\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \10\ 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).
    \11\ See 19 CFR 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.\12\ 
Further, we request that interested parties limit their public 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public 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 public executive summary of each issue.
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
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    Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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    \13\ 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. Requests should contain 
(1) the party's name, address, and telephone number; (2) the number of 
participants and whether any participant is a foreign national; and (3) 
a list of the issues to be discussed. If a request for a hearing is 
made, Commerce intends to hold the 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.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. Pursuant to 19 CFR 351.210(e)(2), Commerce requires 
that requests by exporters for postponement of the final determination 
be accompanied by a request for extension of provisional measures from 
a four-month period to a period not more than six months in 
duration.\14\
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    \14\ See 19 CFR 351.210(e)(2).
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    On April 17, 2024, pursuant to 19 CFR 351.210(e), East Asia 
Aluminum Co., Ltd requested that Commerce postpone the final 
determination and that provisional measures be extended to a period not 
to exceed six months.\15\ In accordance with section 735(a)(2)(A) of 
the Act and 19 CFR 351.210(b)(2)(ii), because: (1) the preliminary 
determination is affirmative; (2) the requesting exporter accounts for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, Commerce is postponing the 
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly, 
Commerce will make its final determination no later than 135 days after 
the date of publication of this notice of preliminary determination in 
the Federal Register.
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    \15\ See East Asia's Letter, ``East Asia's Final Determination 
Extension Request,'' dated April 17, 2024.
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U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. 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 subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i)(1) of the Act, and 19 CFR 
351.205(c).

    Dated: May 1, 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 are aluminum 
extrusions, regardless of form, finishing, or fabrication, whether 
assembled with other parts or unassembled, whether coated, painted, 
anodized, or thermally improved. Aluminum extrusions are shapes and 
forms, produced by an extrusion process, made from aluminum alloys 
having metallic elements corresponding to the alloy series 
designations published by the Aluminum Association commencing with 
the numbers 1, 3, and 6 (or proprietary equivalents or other 
certifying body equivalents). Specifically, subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 1 contain not less 
than 99 percent aluminum by weight. Subject aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 3 contain manganese as the 
major alloying element, with manganese accounting for not more than 
3.0 percent of total materials by weight. Subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 6 contain magnesium 
and silicon as the major alloying elements, with magnesium 
accounting for at least 0.1 percent but not more than 2.0 percent of 
total materials by weight, and silicon accounting for at least 0.1 
percent but not more than 3.0 percent of total materials by weight. 
The scope also includes merchandise made from an aluminum alloy with 
an Aluminum Association series designation commencing with the 
number 5 (or proprietary equivalents or other certifying body 
equivalents) that have a magnesium content accounting for up to but 
not more than 2.0 percent of total materials by weight.
    The country of origin of the aluminum extrusion is determined by 
where the metal is extruded (i.e., pressed through a die).
    Aluminum extrusions are produced and imported in a wide variety 
of shapes and forms, including, but not limited to, hollow profiles, 
other solid profiles, pipes, tubes, bars, and rods. Aluminum 
extrusions that are drawn subsequent to extrusion (drawn aluminum) 
are also included in the scope.
    Subject aluminum extrusions are produced and imported with a 
variety of coatings and surface treatments, and types of 
fabrication. The types of coatings and treatments applied to 
aluminum extrusions include, but are not limited to, extrusions that 
are mill finished (i.e., without any coating or further finishing), 
brushed, buffed, polished, anodized (including 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, spun, etched, and 
engraved. Performing such operations in third countries does not 
otherwise remove the merchandise from the scope of the 
investigations.
    The types of products that meet the definition of subject 
merchandise include but

[[Page 38078]]

are not limited to, the aluminum extrusion portions of 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, 
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 investigations on aluminum extrusions from the People's 
Republic of China, only heat sinks designed and produced around 
meeting specified thermal performance requirements and tested to 
comply with such requirements are included in the scope. Excluded 
from the scope of the investigations are large, multi-finned 
extruded aluminum heat sinks designed to dissipate heat, meeting the 
following criteria: (1) an aspect ratio (defined as the ratio of the 
area of a void in an extrusion to the size of the smallest gap 
opening at the entrance of that void and calculated by dividing the 
void area by the square of the gap opening) greater than 15 to 1; or 
(2) the circumscribing circle diameter (defined as the diameter of 
the smallest circle that will entirely enclose the extrusion's 
cross-sectional profile) rounded up to the next half inch, exceeds 
10 inches, and the weight-per-foot (defined as the theoretical 
weight of the profile as extruded prior to any machining that may 
remove material and calculated by multiplying the area of the 
profile in square inches by 1.2) exceeds 3.50 pounds per foot.
    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 includes aluminum extrusions contained in 
merchandise that is a part or subassembly of a larger whole, whether 
or not the merchandise also contains a component other than aluminum 
extrusions that is beyond a fastener. Such merchandise may be either 
assembled or unassembled at the time of importation. A ``part or 
subassembly'' is defined as a unit designed to be attached to, or 
incorporated with, one or more other units or components into a 
larger completed product. Only the aluminum extrusion portion of the 
merchandise described in this paragraph, whether assembled or 
unassembled, is subject merchandise included in the scope and 
subject to duties. Examples of merchandise that is a part or 
subassembly of a larger whole include, but are not limited to, 
window parts or subassemblies; door unit parts or subassemblies; 
shower and bath 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 (defined as 
those antidumping and countervailing duty orders that are in effect 
as of the date of publication of the order resulting from this 
investigation) are excluded from the scope of the 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 
investigations.
    The scope excludes aluminum extrusions contained in fully and 
permanently assembled merchandise, if the assembled merchandise is 
not a part or subassembly of a larger whole. To be excluded under 
this paragraph, the assembled merchandise must also contain a 
component other than aluminum extrusions, beyond fasteners. In 
addition, to be excluded under this paragraph, the assembled 
merchandise must be ready for use 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).
    The scope also excludes aluminum extrusions contained in 
unassembled merchandise if the unassembled merchandise is not a part 
or subassembly of a larger whole. To be excluded under this 
paragraph, the unassembled merchandise must also contain a component 
other than aluminum extrusions, beyond fasteners. In addition, to be 
excluded under this paragraph, the unassembled merchandise must be a 
packaged combination of parts that is ready to be assembled as 
imported, without undergoing after importation any processing, 
fabrication, or finishing or the addition of parts or material (with 
the exception of consumable parts or material or interchangeable 
media or tooling). To be excluded under this paragraph, the 
unassembled 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 excludes merchandise containing multiple 
subassemblies of a larger whole with non-extruded aluminum 
components beyond fasteners. A subassembly that meets the definition 
of subject merchandise, 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 aluminum extrusions within the merchandise collectively account 
for 50 percent or less of the actual weight of the combined multiple 
subassemblies (without including any non-extruded aluminum fasteners 
in the calculations); and (3) the aluminum extrusions within the 
merchandise collectively account for 50 percent or less of the 
number of pieces of the combined multiple subassemblies (without 
including any non-extruded aluminum fasteners in the calculations).
    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

[[Page 38079]]

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 mm\2\ and less than 906 mm\2\, (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 nonelectrically 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 1.2 mm, 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.
    The scope also excludes fully and permanently assembled glass 
refrigerator shelves with decorative aluminum trim meeting the 
following characteristics: (1) aluminum trim meeting Aluminum 
Association series 6063-T5 designation that is anodized; (2) 
aluminum trim length of not more than 800 mm, and (3) aluminum trim 
width of not more than 40 mm. Such fully and permanently assembled 
glass refrigerator shelves include other components in addition to 
the aluminum trim, including, but not limited to, glass, steel, and 
plastic. Only fully and permanently assembled glass refrigerator 
shelves that require no further processing, fabrication, finishing, 
assembly, or the addition of any parts or material are excluded. 
Imports of glass refrigerator shelves are classified under HTSUS 
8418.99.8050, which is being included for convenience.
    Also excluded from the scope of this 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 30650 (May 26, 2011); and Aluminum Extrusions from the 
People's Republic of China: Countervailing Duty Order, 76 FR 30653 
(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 where the aluminum extrusion portions 
thereof meet the definition of subject merchandise. The language 
contained in the rest of the scope applies to this exhaustive list 
of products. 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 aluminum extrusion portions of the following products are 
included in the scope of the 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; automotive 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 Light Emitting Diode (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 Recreational Vehicle (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;

[[Page 38080]]

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; 
8547.90.0040; 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; 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. Period of Investigation
IV. Use of Facts Available with Adverse Inferences
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-09932 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-DS-P