Aluminum Extrusions From Malaysia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 38057-38063 [2024-09937]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 89 (Tuesday, May 7, 2024)]
[Notices]
[Pages 38057-38063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09937]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-826]


Aluminum Extrusions From Malaysia: 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 Malaysia are being, or are 
likely to be, sold in the United States at less than fair value (LTFV). 
The period of investigation (POI) is October 1, 2022, through September 
30, 2023. Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable May 7, 2024.

FOR FURTHER INFORMATION CONTACT: Paola Aleman Ordaz or Benjamin Blythe, 
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) 482-4031 or (202) 
482-3457, respectively.

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

[[Page 38058]]

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 included 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 Malaysia,'' 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 Malaysia. 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 the Preliminary Scope Decision Memo 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.
    \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 Turkey, the United Arab Emirates, and the Socialist 
Republic of Vietnam: Preliminary Scope Decision Memorandum II,'' 
dated concurrently with this notice (Preliminary Scope Decision Memo 
II).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Commerce calculated export price in accordance 
with sections 772(a) of the Act. Commerce calculated normal value in 
accordance with section 773 of the Act. Furthermore, pursuant to 
sections 776(a) and (b) of the Act, Commerce has preliminarily relied 
upon facts otherwise available, with adverse inferences, for EL 
Aluminium Billet (M) Sdn Bhd, Kosan Aluminum Extrusion SDN. BHD, and 
Winstar Group. For a full description of the methodology underlying the 
preliminary determination, see the Preliminary Decision Memorandum.

All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, 
in the preliminary determination, Commerce shall determine an estimated 
all-others rate for all other exporters and producers not individually 
examined. This rate shall be an amount equal to the weighted average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually examined, excluding any rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act.
    Pursuant to section 735(c)(5)(B) of the Act, if the estimated 
weighted-average dumping margins established for all exporters and 
producers individually examined are zero, de minimis, or determined 
based entirely on facts otherwise available, Commerce may use any 
reasonable method to establish the estimated weighted-average dumping 
margin for all other producers and exporters.
    Commerce has preliminarily determined that the estimated weighted-
average dumping margins for Genesis Aluminium Industries Sdn. Bhd./
Zenshin Industries Sdn. Bhd. and P.A. Extrusion (M) Sdn. Bhd. under 
section 776 of the Act are zero. Consequently, pursuant to section 
735(c)(5)(B) of the Act, Commerce's normal practice under these 
circumstances has been to calculate the all-others rate as a simple 
average of the alleged dumping margin(s) from the petition.\7\ For a 
full description of the methodology underlying Commerce's analysis, see 
the Preliminary Decision Memorandum.
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    \7\ See, e.g., Notice of Preliminary Determination of Sales at 
Less Than Fair Value: Sodium Nitrite from the Federal Republic of 
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of 
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite 
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 
2008), and accompanying Issues and Decision Memorandum at Comment 2; 
see also Notice of Final Determination of Sales at Less Than Fair 
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July 
10, 2008); and Steel Threaded Rod from Thailand: Preliminary 
Determination of Sales at Less Than Fair Value and Affirmative 
Preliminary Determination of Critical Circumstances, 78 FR 79670, 
79671 (December 31, 2013), unchanged in Steel Threaded Rod from 
Thailand: Final Determination of Sales at Less Than Fair Value and 
Affirmative Final Determination of Critical Circumstances, 79 FR 
14476, 14477 (March 14, 2014).
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Preliminary Determination

    For this preliminary determination, Commerce calculated a zero 
estimated weighted-average dumping margin for each individually 
examined producer and or exporter of the subject merchandise. 
Consistent with section 733(b)(3) of the Act, Commerce preliminarily 
determines that these individually examined respondents with zero rates 
have not made sales of subject merchandise at LTFV.

[[Page 38059]]



------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Genesis Aluminium Industries Sdn. Bhd./Zenshin Industries           0.00
 Sdn. Bhd.\8\...............................................
P.A. Extrusion (M) Sdn. Bhd.\9\.............................        0.00
EL Aluminium Billet (M) Sdn Bhd.............................     * 27.51
Kosan Aluminum Extrusion SDN. BHD...........................     * 27.51
Winstar Group...............................................     * 27.51
All Others..................................................       26.70
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.

Suspension of Liquidation
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    \8\ Commerce preliminarily determines that Genesis Aluminium 
Industries Sdn. Bhd. and Zenshin Industries Sdn. Bhd. should be 
collapsed and treated as a single entity. See the Preliminary 
Decision Memorandum.
    \9\ Although Commerce selected P.A. Resources Berhad (PARB) as a 
mandatory respondent, PARB reported that it is a holding company 
that is not involved in the production or exportation of the 
merchandise under investigation but that its subsidiary, P.A. 
Extrusion (M) Sdn. Bhd., produced the merchandise under 
investigation and sold that merchandise to the United States during 
the POI. Consequently, Commerce preliminarily determines that the 
estimated weighted-average dumping margin applies to P.A. Extrusion 
(M) Sdn. Bhd., the only producer and exporter of the merchandise 
under consideration owned by PARB. See the Preliminary Decision 
Memorandum.
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    In accordance with section 733(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 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 estimated weighted-
average dumping margin or the estimated all-others rate, as follows: 
(1) the cash deposit rate for the respondents with above de minimis 
dumping margins that are listed in the table above will be equal to the 
company-specific estimated weighted-average dumping margins determined 
in this preliminary determination; (2) if the exporter is not a company 
identified in the table above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise, except as explained below; and (3) the cash deposit rate 
for all other producers and exporters will be equal to the all-others 
estimated weighted-average dumping margin.
    Because the estimated weighted-average dumping margins for Genesis 
Aluminium Industries Sdn. Bhd/Zenshin Industries Sdn. Bhd. and P.A. 
Extrusion (M) Sdn. Bhd. are zero, entries of subject merchandise 
produced and exported by these companies will not be subject to 
suspension of liquidation or cash deposit requirements. In such 
situations, Commerce applies the exclusion to the provisional measures 
to the producer/exporter combination that was examined in the 
investigation. Accordingly, Commerce is directing CBP not to suspend 
the liquidation of entries of subject merchandise that was exported by 
Genesis Aluminium Industries Sdn. Bhd/Zenshin Industries Sdn. Bhd. and 
produced by Genesis Aluminium Industries Sdn. Bhd/Zenshin Industries 
Sdn. Bhd. or subject merchandise that was exported by P.A. Extrusion 
(M) Sdn. Bhd. and produced by P.A. Extrusion (M) Sdn. Bhd. Entries of 
shipments of subject merchandise from these companies in any other 
producer/exporter combination, or by third parties that sourced subject 
merchandise from the excluded producer/exporter combination, are 
subject to the provisional measures at the all-others rate.
    Should the final estimated weighted-average dumping margin be zero 
or de minimis for the producer/exporter combinations identified above, 
entries of shipments of subject merchandise from these producer/
exporter combinations will be excluded from the potential antidumping 
duty order. Such exclusions are not applicable to merchandise exported 
to the United States by these respondents in any other producer/
exporter combinations or by third parties that sourced subject 
merchandise from the excluded producer/exporter combinations.
    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 it performed in this preliminary 
determination within five days of 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 Memo II for the deadlines for 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 last verification 
report is issued in this investigation.\10\ 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.\11\ Interested parties who 
submit case or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \11\ 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).
    \12\ 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.\13\ 
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 executive summary of each issue.
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    \13\ 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).\14\
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    \14\ 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

[[Page 38060]]

Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice in the 
Federal Register. Requests should contain (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.
    On April 17 and 18, 2024, pursuant to 19 CFR 351.210(e), Genesis 
Aluminium Industries Sdn. Bhd. and P.A. Resources Berhad, respectively, 
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 exporters account 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 Genesis Aluminium Industries Sdn. Bhd.'s Letter, 
``Genesis Request to Postpone Final Determination,'' dated April 17, 
2024; see also P.A. Resources Berhad's Letter, ``Request to Extend 
Final Determination,'' dated April 18, 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 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 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-

[[Page 38061]]

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 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)

[[Page 38062]]

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/m\2\ and no greater than 30 g/
m\2\, 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; 
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. Affiliation and Single Entity Treatment
V. Application of Facts Available with Adverse Inferences
VI. Discussion of the Methodology
VII. Currency Conversion

[[Page 38063]]

VIII. Recommendation

[FR Doc. 2024-09937 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-DS-P