Aluminum Extrusions From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 80506-80512 [2024-22775]
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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
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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
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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
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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.
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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.
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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
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Cash deposit
rate (adjusted
for subsidy
offsets)
(percent)
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Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
PO 00000
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Fmt 4703
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Bulletin 05.1), available at https://access.trade.gov/
Resources/policy/bull05-1.pdf.
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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).
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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.
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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
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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.
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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.
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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
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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,
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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
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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.
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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.
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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
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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
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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;
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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
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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).
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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).
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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.
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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]]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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