Aluminum Extrusions From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 80506-80512 [2024-22775]

Download as PDF 80506 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–158] Aluminum Extrusions From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that aluminum extrusions from the People’s Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) April 1, 2023, through September 30, 2023. DATES: Applicable October 3, 2024. FOR FURTHER INFORMATION CONTACT: Luke Caruso or Jonathan 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) 482–2081 or (202) 482–3518, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK120RN23PROD with NOTICES1 On May 7, 2024, Commerce published in the Federal Register, and invited interested parties to comment on, its preliminary affirmative determination in the LTFV investigation of aluminum extrusions from China.1 We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the final determination of this investigation is now September 26, 2024.2 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision 1 See Aluminum Extrusions from the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38031 (May 7, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 3 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Aluminum VerDate Sep<11>2014 17:59 Oct 02, 2024 Jkt 265001 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. Scope of the Investigation The products covered by this investigation are aluminum extrusions from China. For a complete description of the scope of this investigation, see Appendix I to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.4 Between May 22, 2024, and June 24, 2024, Commerce received postpreliminary determination scope comments from interested parties regarding numerous products and scope-related issues. Between July 20, 2024, and August 19, 2024, Commerce received scope case and rebuttal briefs from numerous interested parties. We made changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I.5 Verification Commerce conducted verifications of the sales and factors of production information submitted by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd (SHMC) and one of its suppliers consistent with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 We used standard Extrusions from the Socialist Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 See Memorandum, ‘‘Preliminary Scope Decision Memorandum II,’’ dated May 1, 2024 (Preliminary Scope Decision Memorandum II); see also Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated March 4, 2024 (Preliminary Scope Decision Memorandum). 5 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with this notice. 6 See Memoranda ‘‘Verification of the Sales Information Provided by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. in the Less-ThanFair-Value Investigation of Aluminum Extrusions from the People’s Republic of China’’ dated August 21, 2024, and ‘‘Verification of the Factors of Production Information Provided by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. in the Less-Than-Fair-Value Investigation of PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 procedures to conduct the verifications, including examining relevant sales and accounting records and original source documents provided by the companies. Analysis of Comments Received We addressed all the issues raised in the case and rebuttal briefs submitted by interested parties in this investigation in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. Changes Since the Preliminary Determination We made certain changes to our calculations of SHMC’s PAE’s estimated weighted-average dumping margin. For a discussion of these changes, see the Issues and Decision Memorandum. China-Wide Entity and Use of Adverse Facts Available Consistent with the Preliminary Determination,7 Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences, is warranted in determining the dumping rate for the China-wide entity. For this final determination, as adverse facts available (AFA), we have continued to assign a rate of 376.85 percent, which is the highest dumping margin alleged in the petition, to the China-wide entity.8 Separate Rates No interested party commented on Commerce’s preliminary separate rate determinations,9 and we have no basis to reconsider those determinations. Accordingly, we continue to find that SHMC, and certain non-individually examined companies that are listed in the rate table below, are eligible for a separate rate. In calculating the rate for nonindividually examined respondents that received a separate rate in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins Aluminum Extrusions from the People’s Republic of China’’ dated August 21, 2024. 7 See Preliminary Determination PDM at 6–9. 8 Id.; see also Initiation Notice, 88 FR at 74426; see also AD Investigation Initiation Checklist: Aluminum Extrusions from the Socialist Republic of China (October 24, 2023) (Initiation Checklist). 9 See Preliminary Determination PDM at 6–11. E:\FR\FM\03OCN1.SGM 03OCN1 80507 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices established for those companies individually examined, excluding any dumping margins that are zero, de minimis, or based entirely on facts available under section 776 of the Act. The statute further provides that, where all calculated dumping margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use ‘‘any reasonable method’’ for assigning the rate to non-selected respondents. Combination Rates Consistent with the Preliminary Determination, and Policy Bulletin 05.1,10 Commerce calculated combination rates for the respondents that are eligible for a separate rate. Final Determination The final estimated weighted-average dumping margins are as follows: Weightedaverage dumping margin (percent) Producer Exporter Hydro Aluminium (Suzhou) Co., Ltd Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd.11. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd. Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd./Sanhua Intelligent Controls Co., Ltd./Zhejiang Sanhua Automotive Components Co., Ltd./Shaoxing Sanhua New Energy Automotive Components Co., Ltd./Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd./Sanhua Heat Exchanger (Zhengzhou) Co., Ltd./ Sanhua International Singapore Pte. Ltd. ACP (Changzhou) Heat Exchanger Co., Ltd ........................................... Jiangsu Gongchang Precision Aluminum Co., Ltd. Gerald New Energy (Jiangsu) Co., Ltd. Shandong Hongyuan Metal Materials Co., Ltd. Yangzhou Resler Composite Metal Materials Co., Ltd. Shandong Wanchuang Metal Technology Co., Ltd. ddrumheller on DSK120RN23PROD with NOTICES1 Commerce has calculated an estimated weighted-average dumping margin for the sole mandatory respondent that is eligible for a separate rate, SHMC, that is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned SHMC’s calculated estimated weighted-average dumping margin to the non-individually examined respondents that received a separate rate. Wuxi Fengyun Aluminum Industry Co., Ltd. Changzhou Xiangyun Aluminum Industry Co., Ltd. Changshu Changsheng Aluminium Products Co., Ltd. Changzhou Tenglong Auto Parts Co., Ltd. Chongqing Chaoli Electric Appliance Co., Ltd. Danfoss (Jiaxing) Co., Ltd ................ Liaocheng Wanhe Commercial and Trading Ltd. Shandong Wanchuang Metal Technology Co, Ltd. 4.25 0.00 4.25 0.00 4.25 0.00 4.25 0.00 4.25 0.00 4.25 0.00 4.25 0.00 ACP (Changzhou) Heat Exchanger Co., Ltd ........................................... 4.25 0.00 Changshu Changsheng Aluminium Products Co., Ltd ............................ 4.25 0.00 Changzhou Tenglong Auto Parts Co., Ltd ............................................... 4.25 0.00 Chongqing Chaoli Electric Appliance Co., Ltd ......................................... 4.25 0.00 Danfoss Micro Channel Heat Exchanger (Jiaxing) Co., Ltd .................... Danfoss Micro Channel Heat Exchanger (Jiaxing) Co., Ltd .................... 4.25 4.25 0.00 0.00 Danfoss Micro Channel Heat Exchanger (Jiaxing) Co., Ltd .................... 4.25 0.00 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in VerDate Sep<11>2014 17:59 Oct 02, 2024 Cash deposit rate (adjusted for subsidy offsets) (percent) Jkt 265001 Antidumping Investigations involving Non-Market Economy Countries,’’ (April 5, 2005) (Policy PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Bulletin 05.1), available at https://access.trade.gov/ Resources/policy/bull05-1.pdf. E:\FR\FM\03OCN1.SGM 03OCN1 80508 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices Weightedaverage dumping margin (percent) Cash deposit rate (adjusted for subsidy offsets) (percent) Producer Exporter Hydro Precision Tubing (Suzhou) Co., Ltd. Zhongshan Changzheng Metal Co., Ltd. Zhaoqing Aohua Aluminum Co., Ltd Guangdong XinWei Aluminum Products Co., Ltd. Guangdong Yongfeng Lihua Shading Technology Co., Ltd. Guangdong Haomei New Materials Co. Ltd. Jiangsu SV Precision Components Co., Ltd. Guangxi Tianheng Auto Component Manufacturing Co., Ltd. Wuxi Huaguang Automotive Technology Co., Ltd. Ningbo Jiada Specialty Metals Ltd ... Wuxi Jiangyuan Aluminum Co., Ltd Jiangsu Asia Pacific Aviation Technology. Ningbo Yinzhou Yinxin Aluminum Co., LTD. JiangSu Daiweimu New Kinetic Technology Co., Ltd. Jiangsu Jiangnan Chuangjia Profile Co., Ltd. Jiangsu Lide Aluminum Industry Co., Ltd. Wuxi Huaguang Automotive Technology Co., Ltd. Zhejiang Guoyao Aluminum Co., Ltd Zhejiang Xinlong Industry Co., Ltd ... Danfoss Micro Channel Heat Exchanger (Jiaxing) Co., Ltd .................... 4.25 0.00 Foshan City Shunde District Rongcheng Stainless Steel Sanitary Wares Industrial Co., Ltd. Guangdong Wireking Housewares & Hardware Co., Ltd ........................ Guangdong XinWei Aluminum Products Co., Ltd .................................... 4.25 0.00 4.25 4.25 0.00 0.00 Guangdong Yongfeng Lihua Shading Technology Co., Ltd .................... 4.25 0.00 Hao Mei Aluminium Products Company Limited ..................................... 4.25 0.00 Jiangsu SV Precision Components Co., Ltd ............................................ 4.25 0.00 Kromet International Inc ........................................................................... 4.25 0.00 Mercury Marine Technology (Suzhou) Company Ltd .............................. 4.25 0.00 Mercury Marine Technology (Suzhou) Company Ltd .............................. Modine Thermal System (Changzhou) Co., Ltd ...................................... Modine Thermal System (Changzhou) Co., Ltd ...................................... 4.25 4.25 4.25 0.00 0.00 0.00 Ningbo Innopower Tengda Machinery Co., Ltd ....................................... 4.25 0.00 Scheco Mechanical and Electronic Co., Ltd ............................................ 4.25 0.00 Scheco Mechanical and Electronic Co., Ltd ............................................ 4.25 0.00 Scheco Mechanical and Electronic Co., Ltd ............................................ 4.25 0.00 Wuxi Huaguang Automotive Technology Co., Ltd ................................... 4.25 0.00 Zhejiang Guoyao Aluminum Co., Ltd ....................................................... Zhejiang Xinlong Industry Co., Ltd ........................................................... 4.25 4.25 0.00 0.00 China-wide Entity .............................. ................................................................................................................... * 376.85 365.13 * Rate based on AFA. Disclosure Commerce intends to disclose the calculations performed in this final determination to parties to the proceeding 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). ddrumheller on DSK120RN23PROD with NOTICES1 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend 11 Commerce has preliminarily determined that the mandatory respondent Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. is affiliated with the following companies and has treated these companies as a single entity: (1) Sanhua Intelligent Controls Co., Ltd.; (2) Zhejiang Sanhua Automotive Components Co., Ltd.; (3) Shaoxing Sanhua New Energy Automotive Components Co., Ltd.; (4) Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd.; (5) Sanhua Heat Exchanger (Zhengzhou) Co., Ltd.; and (6) Sanhua International Singapore Pte. Ltd. See Preliminary Decision Memorandum. VerDate Sep<11>2014 17:59 Oct 02, 2024 Jkt 265001 liquidation of all appropriate entries of subject merchandise, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after May 7, 2024, the date of publication in the Federal Register of the Preliminary Determination. Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), upon the publication of this notice, Commerce will instruct CBP to require a cash deposit for estimated antidumping duties for appropriate entries. To determine the antidumping duty cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy passthrough and export subsidies determined in a companion countervailing duty (CVD) proceeding. As Commerce made an affirmative determination for domestic subsidy pass-through and found export subsidies, we have offset the calculated estimated weighted-average dumping margins in the above table by the PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 appropriate subsidy rates to calculate the applicable cash deposit rates. Commerce will instruct CBP to require the following cash deposits for estimated antidumping duties for all appropriate entries: (1) for the producer/ exporter combinations listed in the table above, the applicable cash deposit rate is listed in the table for that combination; (2) for all combinations of Chinese producers/exporters of the merchandise under consideration that have not established eligibility for a separate rate, the cash deposit rate will be equal to the cash deposit rate listed for the China-wide entity in the table above; and (3) for all third-country exporters of the merchandise under consideration that are not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination or the China-wide entity that supplied that third-country exporter. These suspension of liquidation instructions will remain in effect until further notice. E:\FR\FM\03OCN1.SGM 03OCN1 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices U.S. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the U.S. International Trade Commission (ITC) of this final affirmative determination of sales at LTFV. Because the final determination in this investigation is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of aluminum extrusions no later than 45 days after this final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded or canceled, and suspension of liquidation will be lifted. If the ITC determines that such injury does exist, Commerce will issue an antidumping duty order directing CBP to assess, upon further instructions by Commerce, antidumping duties on all imports of the subject merchandise that are entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or 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. Notification to Interested Parties This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c). Dated: September 26, 2024. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. ddrumheller on DSK120RN23PROD with NOTICES1 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 VerDate Sep<11>2014 17:59 Oct 02, 2024 Jkt 265001 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 investigation. 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, PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 80509 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 investigation are large, multifinned 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. A fastener is any material or part that serves an attachment function, fastens two or more components, or serves to prevent or restrict movement of a component or another item. Examples of fasteners include, but are not limited to, nuts, bolts, clamps, and end caps. 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 E:\FR\FM\03OCN1.SGM 03OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 80510 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices 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 units which make up a curtain wall, and window walls and window wall units, which collectively make up a fenestration system on the side of a building; 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 order resulting from this investigation) 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 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. VerDate Sep<11>2014 20:32 Oct 02, 2024 Jkt 265001 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. Window walls and window wall units are not considered windows with glass for purposes of this exclusion. 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 nonextruded 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. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 nonelectrically conductive temperatureresistant coating co-extruded over characteristic (1) of either polyamide, crosslinked 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. 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 800mm, and (3) aluminum trim width of not more than 40mm. Such fully and permanently assembled glass refrigerator shelves include other components in E:\FR\FM\03OCN1.SGM 03OCN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices 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 mop parts and subassemblies and poles; banner stand and back wall parts and subassemblies; 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 décor; window wall and window wall units and parts; trade booths; micro channel VerDate Sep<11>2014 17:59 Oct 02, 2024 Jkt 265001 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; PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 80511 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 Issues and Decision Memorandum I. Summary II. Background III. Changes Since the Preliminary Determination IV. Discussion of the Issues Comment 1: Whether Commerce Should Deduct Tolling Expenses from U.S. Sales Prices Comment 2: Whether Commerce Should Base SHMC’s U.S. Prices on Facts Available Comment 3: Whether Commerce Used Incorrect Movement Expenses in Its Calculations Comment 4: Whether Commerce Should Have Adjusted SHMC’s Cash Deposit Rate for Domestic Subsidies Comment 5: Whether Commerce Deviated from Practice and Proper Procedures When Conducting this Investigation Comment 6: Whether Commerce Selected the Appropriate Surrogate Country Comment 7: Whether Commerce Should Exclude Packing Cost from Normal Value Comment 8: Whether Commerce Correctly Calculated SHMC’s U.S. Sales Prices Comment 9: Whether Commerce Should Apply Its Differential Pricing Analysis to SHMC Comment 10: Whether Commerce Incorrectly Excluded Certain Companies from the SHMC Single Entity and Omitted Certain Suppliers from SHMC’s Combination Rates Comment 11: Whether Commerce Should Issue a Negative Final Determination Comment 12: Whether Commerce Should Not Have Selected Larkcop as a Mandatory Respondent E:\FR\FM\03OCN1.SGM 03OCN1 80512 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices Comment 13: Whether Commerce Should Not Have Applied Total AFA to Larkcop Comment 14: Whether Commerce Should Allow MAHLE to File an SRA Comment 15: Whether Commerce Properly Considered Sales of Products Containing Subject Aluminum Extrusions Comment 16: Whether Commerce Should Have Granted NBJEL a Separate Rate Comment 17: Whether Commerce Selected an Unduly Punitive China-Wide Entity Rate Comment 18: Whether Commerce Should Have Granted Huajian a Separate Rate V. Recommendation [FR Doc. 2024–22775 Filed 10–2–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–850] Aluminum Extrusions From the Republic of Türkiye: Final Affirmative Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that Aluminum Extrusions from the Republic of Türkiye (Türkiye) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2022, through September 30, 2023. DATES: Applicable October 3, 2024. FOR FURTHER INFORMATION CONTACT: Taylor Hatley or Sean Grossnickle, 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) 482–4886 or (202) 482–3818, respectively. AGENCY: SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 Background On May 7, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of aluminum extrusions from Türkiye.1 We invited interested parties to comment on the Preliminary Determination. On June 5, 2024, Commerce amended its Preliminary 1 See Aluminum Extrusions from the Republic of Türkiye: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extensions of Provisional Measures, 89 FR 38046 (May 7, 2024) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). VerDate Sep<11>2014 17:59 Oct 02, 2024 Jkt 265001 Determination.2 On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days. The deadline for the final determination is now September 26, 2024.3 A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.4 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. Scope of the Investigation The product covered by this investigation is aluminum extrusions from Türkiye. For a complete description of the scope of this investigation, see Appendix I to this notice. Scope Comments During the course of this investigation, Commerce received scope comments from interested parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs.5 Between May 22, 2024, and June 24, 2024, Commerce received postpreliminary determination scope comments from interested parties regarding numerous products and scope-related issues. Between July 20, 2024, and August 19, 2024, Commerce received scope case and rebuttal briefs from numerous interested parties. We made changes to the scope of the 2 See Aluminum Extrusions from the Republic of Türkiye: Amended Preliminary Determination of Less-Than-Fair-Value Investigation, 89 FR 48152 (June 5, 2024) (Amended Preliminary Determination), and accompanying Ministerial Error Memorandum. 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 4 See Memorandum, ‘‘Decision Memorandum for the Final Affirmative Determination in the LessThan-Fair-Value Investigation of Aluminum Extrusions from the Republic of Türkiye,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 5 See Memorandum, ‘‘Preliminary Scope Decision Memorandum,’’ dated March 4, 2024, and Preliminary Scope Decision Memorandum II,’’ dated May 1, 2024 (collectively Preliminary Scope Decision Memoranda). PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 investigation from the scope published in the Preliminary Determination, as noted in Appendix I.6 Verification As provided in section 782(i)(1) of the Tariff Act of 1930, as amended (the Act), in May and June 2024, we verified the sales and cost information submitted by Erdoganlar Aluminyum San. ve Tic. A.S (Erdoganlar) and Sistem Aluminyum Sanayi ve Ticaret A.S. (Sistem) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Erdoganlar and Sistem.7 Use of Adverse Facts Available As discussed in the Preliminary Determination, the following companies failed to respond to Commerce’s quantity and value questionnaire: (1) Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi (Alkor); (2) Astas Aluminyum San ve Tic A.S. (Astas); (3) Ayde Aluminyum LTD. STI (Ayde); (4) Burak Aluminyum Sanayi ve Ticaret A.S. (Burak); (5) P.M.S. Aluminyum Sanayi ve Ticaret A.S. (P.M.S.); (6) Tuna Aluminium Ltd. (Tuna); and (7) Uluson Aluminum (Uluson). Consequently, in the Preliminary Determination, we determined that it was appropriate to apply adverse facts available (AFA) pursuant to sections 776(a)(1), 776(a)(2)(A)–(C), and 776(b) of the Act, with respect to Alkor, Astas, Ayde, Burak, P.M.S., Tuna, and Uluson.8 We continue to assign the dumping margin alleged in the petition (corroborated by 6 See Memorandum, ‘‘Final Scope Decision Memorandum,’’ dated concurrently with this notice. 7 See Memorandum, ‘‘Verification of the Sales Response of Sistem Alüminyum Sanayi ve Ticaret A.S. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,’’ dated July 1, 2024 (Sistem Verification Report); see also Memorandum, ‘‘Verification of the Sales Response of Erdoganlar Alüminyum Sanayi ve Ticaret A.S. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,’’ dated July 1, 2024 (Erdoganlar Verification Report); Memorandum, ‘‘CEP Verification of the Sales Response of ERD Metal Inc. in the Antidumping Investigation of Certain Aluminum Extrusions from the Republic of Türkiye,’’ dated July 1, 2024 (ERD Metal Verification Report); Memorandum, ‘‘Verification of the Cost Response of Sistem Aluminyum San. ve Tic. A.S. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Türkiye,’’ dated July 12, 2024; and Memorandum, ‘‘Verification of the Cost Response of Erdoğanlar Alüminyum San. ve Tic. A.Ş. in the Antidumping Duty Investigation of Certain Aluminum Extrusions from the Republic of Turkey,’’ dated July 17, 2024. 8 See Amended Preliminary Determination; see also Ministerial Error Memorandum at 4. E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80506-80512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22775]



[[Page 80506]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-158]


Aluminum Extrusions From the People's Republic of China: Final 
Affirmative Determination of Sales at Less Than Fair Value

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
aluminum extrusions from the People's Republic of China (China) are 
being, or are likely to be, sold in the United States at less than fair 
value (LTFV) for the period of investigation (POI) April 1, 2023, 
through September 30, 2023.

DATES: Applicable October 3, 2024.

FOR FURTHER INFORMATION CONTACT: Luke Caruso or Jonathan 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) 482-2081 or (202) 482-3518, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2024, Commerce published in the Federal Register, and 
invited interested parties to comment on, its preliminary affirmative 
determination in the LTFV investigation of aluminum extrusions from 
China.\1\ We invited interested parties to comment on the Preliminary 
Determination. On July 22, 2024, Commerce tolled certain deadlines in 
this administrative proceeding by seven days. The deadline for the 
final determination of this investigation is now September 26, 2024.\2\
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 38031 (May 7, 2024) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\3\ 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.
---------------------------------------------------------------------------

    \3\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Aluminum Extrusions from the Socialist Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

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

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from interested parties. Commerce issued Preliminary Scope 
Decision Memoranda to address these comments and set aside a period of 
time for parties to address scope issues in scope-specific case and 
rebuttal briefs.\4\ Between May 22, 2024, and June 24, 2024, Commerce 
received post-preliminary determination scope comments from interested 
parties regarding numerous products and scope-related issues. Between 
July 20, 2024, and August 19, 2024, Commerce received scope case and 
rebuttal briefs from numerous interested parties. We made changes to 
the scope of the investigation from the scope published in the 
Preliminary Determination, as noted in Appendix I.\5\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum 
II,'' dated May 1, 2024 (Preliminary Scope Decision Memorandum II); 
see also Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated March 4, 2024 (Preliminary Scope Decision Memorandum).
    \5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Verification

    Commerce conducted verifications of the sales and factors of 
production information submitted by Sanhua (Hangzhou) Micro Channel 
Heat Exchanger Co., Ltd (SHMC) and one of its suppliers consistent with 
section 782(i) of the Tariff Act of 1930, as amended (the Act).\6\ We 
used standard procedures to conduct the verifications, including 
examining relevant sales and accounting records and original source 
documents provided by the companies.
---------------------------------------------------------------------------

    \6\ See Memoranda ``Verification of the Sales Information 
Provided by Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. 
in the Less-Than-Fair-Value Investigation of Aluminum Extrusions 
from the People's Republic of China'' dated August 21, 2024, and 
``Verification of the Factors of Production Information Provided by 
Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. in the 
Less-Than-Fair-Value Investigation of Aluminum Extrusions from the 
People's Republic of China'' dated August 21, 2024.
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all the issues raised in the case and rebuttal briefs 
submitted by interested parties in this investigation in the Issues and 
Decision Memorandum. A list of the issues addressed in the Issues and 
Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    We made certain changes to our calculations of SHMC's PAE's 
estimated weighted-average dumping margin. For a discussion of these 
changes, see the Issues and Decision Memorandum.

China-Wide Entity and Use of Adverse Facts Available

    Consistent with the Preliminary Determination,\7\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences, is 
warranted in determining the dumping rate for the China-wide entity. 
For this final determination, as adverse facts available (AFA), we have 
continued to assign a rate of 376.85 percent, which is the highest 
dumping margin alleged in the petition, to the China-wide entity.\8\
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    \7\ See Preliminary Determination PDM at 6-9.
    \8\ Id.; see also Initiation Notice, 88 FR at 74426; see also AD 
Investigation Initiation Checklist: Aluminum Extrusions from the 
Socialist Republic of China (October 24, 2023) (Initiation 
Checklist).
---------------------------------------------------------------------------

Separate Rates

    No interested party commented on Commerce's preliminary separate 
rate determinations,\9\ and we have no basis to reconsider those 
determinations. Accordingly, we continue to find that SHMC, and certain 
non-individually examined companies that are listed in the rate table 
below, are eligible for a separate rate.
---------------------------------------------------------------------------

    \9\ See Preliminary Determination PDM at 6-11.
---------------------------------------------------------------------------

    In calculating the rate for non-individually examined respondents 
that received a separate rate in a non-market economy LTFV 
investigation, Commerce normally looks to section 735(c)(5)(A) of the 
Act, which pertains to the calculation of the all-others rate in a 
market economy LTFV investigation, for guidance. Pursuant to section 
735(c)(5)(A) of the Act, normally this rate shall be an amount equal to 
the weighted average of the estimated weighted-average dumping margins

[[Page 80507]]

established for those companies individually examined, excluding any 
dumping margins that are zero, de minimis, or based entirely on facts 
available under section 776 of the Act. The statute further provides 
that, where all calculated dumping margins are zero, de minimis, or 
based entirely on facts available under section 776 of the Act, 
Commerce may use ``any reasonable method'' for assigning the rate to 
non-selected respondents.
    Commerce has calculated an estimated weighted-average dumping 
margin for the sole mandatory respondent that is eligible for a 
separate rate, SHMC, that is not zero, de minimis, or based entirely on 
facts available. Therefore, in accordance with section 735(c)(5)(A) of 
the Act, we have assigned SHMC's calculated estimated weighted-average 
dumping margin to the non-individually examined respondents that 
received a separate rate.

Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\10\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate.
---------------------------------------------------------------------------

    \10\ 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.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash deposit
                                                                                     Weighted-    rate (adjusted
             Producer                                 Exporter                        average       for subsidy
                                                                                  dumping margin     offsets)
                                                                                     (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
Hydro Aluminium (Suzhou) Co., Ltd  Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
                                    Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.\11\.
Jiangsu Gongchang Precision        Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
 Aluminum Co., Ltd.                 Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.
Gerald New Energy (Jiangsu) Co.,   Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
 Ltd.                               Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.
Shandong Hongyuan Metal Materials  Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
 Co., Ltd.                          Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.
Yangzhou Resler Composite Metal    Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
 Materials Co., Ltd.                Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.
Shandong Wanchuang Metal           Sanhua (Hangzhou) Micro Channel Heat                     4.25            0.00
 Technology Co., Ltd.               Exchanger Co., Ltd./Sanhua Intelligent
                                    Controls Co., Ltd./Zhejiang Sanhua
                                    Automotive Components Co., Ltd./Shaoxing
                                    Sanhua New Energy Automotive Components Co.,
                                    Ltd./Shaoxing Sanhua Automotive Thermal
                                    Management Technology Co., Ltd./Sanhua Heat
                                    Exchanger (Zhengzhou) Co., Ltd./Sanhua
                                    International Singapore Pte. Ltd.
Wuxi Fengyun Aluminum Industry     ACP (Changzhou) Heat Exchanger Co., Ltd......            4.25            0.00
 Co., Ltd.
Changzhou Xiangyun Aluminum        ACP (Changzhou) Heat Exchanger Co., Ltd......            4.25            0.00
 Industry Co., Ltd.
Changshu Changsheng Aluminium      Changshu Changsheng Aluminium Products Co.,              4.25            0.00
 Products Co., Ltd.                 Ltd.
Changzhou Tenglong Auto Parts      Changzhou Tenglong Auto Parts Co., Ltd.......            4.25            0.00
 Co., Ltd.
Chongqing Chaoli Electric          Chongqing Chaoli Electric Appliance Co., Ltd.            4.25            0.00
 Appliance Co., Ltd.
Danfoss (Jiaxing) Co., Ltd.......  Danfoss Micro Channel Heat Exchanger                     4.25            0.00
                                    (Jiaxing) Co., Ltd.
Liaocheng Wanhe Commercial and     Danfoss Micro Channel Heat Exchanger                     4.25            0.00
 Trading Ltd.                       (Jiaxing) Co., Ltd.
Shandong Wanchuang Metal           Danfoss Micro Channel Heat Exchanger                     4.25            0.00
 Technology Co, Ltd.                (Jiaxing) Co., Ltd.

[[Page 80508]]

 
Hydro Precision Tubing (Suzhou)    Danfoss Micro Channel Heat Exchanger                     4.25            0.00
 Co., Ltd.                          (Jiaxing) Co., Ltd.
Zhongshan Changzheng Metal Co.,    Foshan City Shunde District Rongcheng                    4.25            0.00
 Ltd.                               Stainless Steel Sanitary Wares Industrial
                                    Co., Ltd.
Zhaoqing Aohua Aluminum Co., Ltd.  Guangdong Wireking Housewares & Hardware Co.,            4.25            0.00
                                    Ltd.
Guangdong XinWei Aluminum          Guangdong XinWei Aluminum Products Co., Ltd..            4.25            0.00
 Products Co., Ltd.
Guangdong Yongfeng Lihua Shading   Guangdong Yongfeng Lihua Shading Technology              4.25            0.00
 Technology Co., Ltd.               Co., Ltd.
Guangdong Haomei New Materials     Hao Mei Aluminium Products Company Limited...            4.25            0.00
 Co. Ltd.
Jiangsu SV Precision Components    Jiangsu SV Precision Components Co., Ltd.....            4.25            0.00
 Co., Ltd.
Guangxi Tianheng Auto Component    Kromet International Inc.....................            4.25            0.00
 Manufacturing Co., Ltd.
Wuxi Huaguang Automotive           Mercury Marine Technology (Suzhou) Company               4.25            0.00
 Technology Co., Ltd.               Ltd.
Ningbo Jiada Specialty Metals Ltd  Mercury Marine Technology (Suzhou) Company               4.25            0.00
                                    Ltd.
Wuxi Jiangyuan Aluminum Co., Ltd.  Modine Thermal System (Changzhou) Co., Ltd...            4.25            0.00
Jiangsu Asia Pacific Aviation      Modine Thermal System (Changzhou) Co., Ltd...            4.25            0.00
 Technology.
Ningbo Yinzhou Yinxin Aluminum     Ningbo Innopower Tengda Machinery Co., Ltd...            4.25            0.00
 Co., LTD.
JiangSu Daiweimu New Kinetic       Scheco Mechanical and Electronic Co., Ltd....            4.25            0.00
 Technology Co., Ltd.
Jiangsu Jiangnan Chuangjia         Scheco Mechanical and Electronic Co., Ltd....            4.25            0.00
 Profile Co., Ltd.
Jiangsu Lide Aluminum Industry     Scheco Mechanical and Electronic Co., Ltd....            4.25            0.00
 Co., Ltd.
Wuxi Huaguang Automotive           Wuxi Huaguang Automotive Technology Co., Ltd.            4.25            0.00
 Technology Co., Ltd.
Zhejiang Guoyao Aluminum Co., Ltd  Zhejiang Guoyao Aluminum Co., Ltd............            4.25            0.00
Zhejiang Xinlong Industry Co.,     Zhejiang Xinlong Industry Co., Ltd...........            4.25            0.00
 Ltd.
                                  ------------------------------------------------------------------------------
China-wide Entity................  .............................................        * 376.85          365.13
----------------------------------------------------------------------------------------------------------------
* Rate based on AFA.

Disclosure
---------------------------------------------------------------------------

    \11\ Commerce has preliminarily determined that the mandatory 
respondent Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd. 
is affiliated with the following companies and has treated these 
companies as a single entity: (1) Sanhua Intelligent Controls Co., 
Ltd.; (2) Zhejiang Sanhua Automotive Components Co., Ltd.; (3) 
Shaoxing Sanhua New Energy Automotive Components Co., Ltd.; (4) 
Shaoxing Sanhua Automotive Thermal Management Technology Co., Ltd.; 
(5) Sanhua Heat Exchanger (Zhengzhou) Co., Ltd.; and (6) Sanhua 
International Singapore Pte. Ltd. See Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    Commerce intends to disclose the calculations performed in this 
final determination to parties to the proceeding 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of subject merchandise, 
as described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after May 7, 2024, the 
date of publication in the Federal Register of the Preliminary 
Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for 
appropriate entries. To determine the antidumping duty cash deposit 
rate, Commerce normally adjusts the estimated weighted-average dumping 
margin by the amount of domestic subsidy pass-through and export 
subsidies determined in a companion countervailing duty (CVD) 
proceeding. As Commerce made an affirmative determination for domestic 
subsidy pass-through and found export subsidies, we have offset the 
calculated estimated weighted-average dumping margins in the above 
table by the appropriate subsidy rates to calculate the applicable cash 
deposit rates.
    Commerce will instruct CBP to require the following cash deposits 
for estimated antidumping duties for all appropriate entries: (1) for 
the producer/exporter combinations listed in the table above, the 
applicable cash deposit rate is listed in the table for that 
combination; (2) for all combinations of Chinese producers/exporters of 
the merchandise under consideration that have not established 
eligibility for a separate rate, the cash deposit rate will be equal to 
the cash deposit rate listed for the China-wide entity in the table 
above; and (3) for all third-country exporters of the merchandise under 
consideration that are not listed in the table above, the cash deposit 
rate is the cash deposit rate applicable to the Chinese producer/
exporter combination or the China-wide entity that supplied that third-
country exporter. These suspension of liquidation instructions will 
remain in effect until further notice.

[[Page 80509]]

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because the final determination in this 
investigation is affirmative, in accordance with section 735(b)(2) of 
the Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of aluminum 
extrusions no later than 45 days after this final determination. If the 
ITC determines that material injury or threat of material injury does 
not exist, the proceeding will be terminated and all cash deposits will 
be refunded or canceled, and suspension of liquidation will be lifted. 
If the ITC determines that such injury does exist, Commerce will issue 
an antidumping duty order directing CBP to assess, upon further 
instructions by Commerce, antidumping duties on all imports of the 
subject merchandise that are entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or 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.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: September 26, 2024.
Abdelali Elouaradia,
Deputy 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 
investigation.
    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 investigation 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. 
A fastener is any material or part that serves an attachment 
function, fastens two or more components, or serves to prevent or 
restrict movement of a component or another item. Examples of 
fasteners include, but are not limited to, nuts, bolts, clamps, and 
end caps.
    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

[[Page 80510]]

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 units 
which make up a curtain wall, and window walls and window wall 
units, which collectively make up a fenestration system on the side 
of a building; 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 order resulting from this investigation) 
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 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. Window walls and window wall units are not 
considered windows with glass for purposes of this exclusion.
    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 1.2mm, 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.
    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 800mm, and (3) aluminum trim 
width of not more than 40mm. Such fully and permanently assembled 
glass refrigerator shelves include other components in

[[Page 80511]]

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 mop parts and subassemblies and poles; banner stand 
and back wall parts and subassemblies; 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 and 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
    Comment 1: Whether Commerce Should Deduct Tolling Expenses from 
U.S. Sales Prices
    Comment 2: Whether Commerce Should Base SHMC's U.S. Prices on 
Facts Available
    Comment 3: Whether Commerce Used Incorrect Movement Expenses in 
Its Calculations
    Comment 4: Whether Commerce Should Have Adjusted SHMC's Cash 
Deposit Rate for Domestic Subsidies
    Comment 5: Whether Commerce Deviated from Practice and Proper 
Procedures When Conducting this Investigation
    Comment 6: Whether Commerce Selected the Appropriate Surrogate 
Country
    Comment 7: Whether Commerce Should Exclude Packing Cost from 
Normal Value
    Comment 8: Whether Commerce Correctly Calculated SHMC's U.S. 
Sales Prices
    Comment 9: Whether Commerce Should Apply Its Differential 
Pricing Analysis to SHMC
    Comment 10: Whether Commerce Incorrectly Excluded Certain 
Companies from the SHMC Single Entity and Omitted Certain Suppliers 
from SHMC's Combination Rates
    Comment 11: Whether Commerce Should Issue a Negative Final 
Determination
    Comment 12: Whether Commerce Should Not Have Selected Larkcop as 
a Mandatory Respondent

[[Page 80512]]

    Comment 13: Whether Commerce Should Not Have Applied Total AFA 
to Larkcop
    Comment 14: Whether Commerce Should Allow MAHLE to File an SRA
    Comment 15: Whether Commerce Properly Considered Sales of 
Products Containing Subject Aluminum Extrusions
    Comment 16: Whether Commerce Should Have Granted NBJEL a 
Separate Rate
    Comment 17: Whether Commerce Selected an Unduly Punitive China-
Wide Entity Rate
    Comment 18: Whether Commerce Should Have Granted Huajian a 
Separate Rate
V. Recommendation

[FR Doc. 2024-22775 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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