Aluminum Extrusions From the People's Republic of China: Final Affirmative Countervailing Duty Determination, 80526-80530 [2024-22776]
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80526
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
Comment 10: Whether Commerce Should
Adjust the Denominators of the
Company-Specific General and
Administration (G&A) Expense Ratios to
Bring Them to the Same Basis as the
Reported TOTCOMs
V. Recommendation
[FR Doc. 2024–22782 Filed 10–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–159]
Aluminum Extrusions From the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination
Scope of the Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
aluminum extrusions from the People’s
Republic of China (China). The period
of investigation is January 1, 2022,
through December 31, 2022.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Eliza DeLong, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3878.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On March 11, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1 On May
23, 2024, Commerce published an
Amended Preliminary Determination.2
On July 22, 2024, Commerce tolled
certain deadlines in this administrative
proceeding by seven days.3 The
deadline for the final determination is
now September 26, 2024.
A summary of the events that
occurred since Commerce published the
1 See Aluminum Extrusions from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 89 FR 17394 (March 11, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Aluminum Extrusions From the People’s
Republic of China, Indonesia, Mexico, and the
Republic of Türkiye: Amended Preliminary
Countervailing Duty Determinations, 89 FR 45634
(May 23, 2024).
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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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 made available to the public 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.
The products covered by this
investigation are aluminum extrusions
from China. For a complete description
of the scope of this investigation, see
Appendix I.
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
investigation from the scope published
in the Preliminary Determination, as
noted in Appendix I.6
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by parties in this
investigation, are discussed in the Issues
and Decision Memorandum. For a list of
4 See
Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Aluminum
Extrusions from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
5 See Memoranda, ‘‘Preliminary Scope Decision
Memorandum,’’ dated March 4, 2024, and
‘‘Preliminary Scope Decision Memorandum II,’’
dated May 1, 2024 (collectively Preliminary Scope
Decision Memoranda).
6 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this
notice.
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the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix II
to this notice.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.7 For a
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, including with an
adverse inference (AFA), pursuant to
sections 776(a) and (b) of the Act. For
a full discussion of our application of
adverse facts available, see the
Preliminary Determination,8 and the
Issues and Decision Memorandum
section entitled ‘‘Use of Facts Otherwise
Available and Application of Adverse
Inferences.’’
Verification
As provided in section 782(i) of the
Act, in May 2024, we conducted
verifications of information submitted
by Sanhua (Hangzhou) Micro Channel
Heat Exchanger Co., Ltd. (Sanhua) and
Suzhou Dayer Mechatronic Hi-Tech Co.,
Ltd. (Suzhou Dayer) for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting
records, and original source documents
provided by Sanhua and Suzhou
Dayer.9
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from interested
parties and our verification findings, we
made certain changes to the subsidy rate
calculations for Sanhua. For a
discussion of these changes, see the
Issues and Decision Memorandum.
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
8 See Preliminary Determination PDM at 6–34.
9 See Memoranda, ‘‘Countervailing Duty
Investigation of Aluminum Extrusions from the
People’s Republic of China: Verification of Suzhou
Dayer Mechatronic Hi-Tech Co., Ltd.’s
Questionnaire Responses,’’ and ‘‘Countervailing
Duty Investigation of Aluminum Extrusions from
the People’s Republic of China: Verification of
Sanhua (Hangzhou) Micro Channel Heat Exchanger
Co., Ltd.’s Questionnaire Responses,’’ dated May
31, 2024.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of
the Act, Commerce will determine an
all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually examined,
excluding any rates that are zero, de
minimis, or rates based entirely under
section 776 of the Act. In this
investigation, Commerce calculated an
individual estimated countervailable
subsidy rate for Sanhua, the only
individually-examined exporter/
producer in this investigation for which
Commerce is calculating an estimated
countervailable subsidy rate. Because
the only individually calculated rate is
not zero, de minimis, or based entirely
on facts otherwise available, the
estimated countervailable subsidy rate
calculated for Sanhua is the rate
assigned to all other producers and
exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist: 10
Subsidy
rate
(percent
ad valorem)
Company
Qingdao Sea Nova Building ................................................................................................................................................................
Qingyuan SinoGar Aluminum Co., Ltd ................................................................................................................................................
Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., Ltd.; Zhejiang 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.; and Sanhua Heat Exchanger (Zhengzhou) Co., Ltd ...................................
Shenyang Yuanda Aluminum Industry Engineering Co., Ltd ..............................................................................................................
Shenzhen SinoGar Aluminum Co., Ltd ...............................................................................................................................................
Wenzhou Yongtai Electric Co., Ltd .....................................................................................................................................................
Wuxi Rapid Scaffolding (Engineering) Co. Ltd ....................................................................................................................................
Yekalon Industry Inc ............................................................................................................................................................................
All Others .............................................................................................................................................................................................
* 168.81
* 168.81
14.56
* 168.81
* 168.81
* 168.81
* 168.81
* 168.81
14.56
* Rate based on AFA.
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Disclosure
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to collect cash deposits
and suspend liquidation of entries of
subject merchandise from China that
were entered, or withdrawn from
warehouse, for consumption, on or after
March 11, 2024, the date of the
publication of the Preliminary
Determination in the Federal Register.
We also did not suspend liquidation of
entries for Suzhou Dayer because we
preliminarily found it had no sales of
subject merchandise to the United
States during the POI, and, therefore, we
did not calculate a subsidy rate for it.11
In accordance with section 703(d) of the
Act, we also instructed CBP to
discontinue the suspension of
liquidation of all entries of subject
merchandise entered or withdrawn from
warehouse on, or after July 9, 2024, but
to continue the suspension of
liquidation of all entries of subject
10 As discussed in the Preliminary Decision
Memorandum, Commerce has determined that the
following companies are cross-owned with Sanhua,
pursuant to 19 CFR 351.525(b)(6)(vi): Zhejiang
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merchandise between March 11, 2024,
and July 8, 2024.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty (CVD)
order, reinstate the suspension of
liquidation under section 706(a) of the
Act, and require a cash deposit of
estimated countervailing duties for
entries of subject merchandise in the
amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated, and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination that
countervailable subsidies are being
provided to producers and exporters of
aluminum extrusions from China.
Because the final determination is
affirmative, in accordance with section
705(b) 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 from China no
Sanhua Intelligent Controls Co., Ltd.; Zhejiang
Sanhua Automotive Components Co., Ltd.;
Shaoxing Sanhua New Energy Automotive
Components Co., Ltd.; Shaoxing Sanhua
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later than 45 days after our final
determination. In addition, we are
making available to the ITC all nonprivileged and nonproprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
If the ITC determines that material
injury or threat of material injury does
not exist, this proceeding will be
terminated and all cash deposits will be
refunded. If the ITC determines that
such injury does exist, Commerce will
issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, countervailing 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
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
Automotive Thermal Management Technology Co.,
Ltd.; and Sanhua Heat Exchanger (Zhengzhou) Co.,
Ltd.
11 See Preliminary Determination PDM at 4.
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to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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 violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) 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
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
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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
these 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
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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
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.
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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 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
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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 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 temperature-resistant coating coextruded over characteristic (1) of either
polyamide, cross-linked polyethylene, or
silicone rubber material which meets the
following standards: (a) Vicat A temperature
threshold of >140 degrees Celsius, (b)
flammability requirements of UL 94V–0, and
(c) a minimum coating thickness of 0.10 mm
and maximum coating thickness of 2.0 mm,
with a maximum thickness tolerance of
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80529
+/– 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
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 these
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
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80530
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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 these 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 these investigations on aluminum
extrusions from the People’s Republic of
China, whether assembled or unassembled:
heat sinks as described above; cleaning
system components like 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
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
VerDate Sep<11>2014
17:59 Oct 02, 2024
Jkt 265001
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
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
III. Changes from the Preliminary
Determination
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and
Application of Adverse Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA)
Regarding the Export Buyer’s Credits
Program
Comment 2: Whether the Application of
AFA to the Government of China is
Appropriate for Certain Less Than
Adequate Remuneration (LTAR)
Programs
Comment 3: Provision of Electricity for
LTAR
Comment 4: Whether the Income Tax
Deductions for Research and
Development Expenses Under the
Enterprise Income Tax Law Program Are
Specific
Comment 5: Countervailability of Other
Subsidies
Comment 6: Whether Sanhua had
Unreported Financing
Comment 7: Whether Commerce Should
Apply AFA to Self-Reported Subsidies
Comment 8: Denominator Modification
and Correcting Certain Calculation Errors
Comment 9: Whether the Lending
Programs are Countervailable
Comment 10: Whether Commerce Should
Issue a Negative Determination
Comment 11: Whether Commerce Should
Modify its AFA Rate Selection
Methodology
VIII. Recommendation
[FR Doc. 2024–22776 Filed 10–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–837]
Aluminum Extrusions From the
Socialist Republic of Vietnam: Final
Affirmative Determination of Sales at
Less Than Fair Value and Final
Affirmative Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
aluminum extrusions from the Socialist
Republic of Vietnam (Vietnam) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation is
April 1, 2023, through September 30,
2023.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Katherine Smith, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
AGENCY:
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Agencies
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80526-80530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22776]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-159]
Aluminum Extrusions From the People's Republic of China: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of aluminum extrusions from the People's Republic of China (China). The
period of investigation is January 1, 2022, through December 31, 2022.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT: Eliza DeLong, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3878.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2024, Commerce published its Preliminary Determination
in the Federal Register and invited interested parties to comment.\1\
On May 23, 2024, Commerce published an Amended Preliminary
Determination.\2\ On July 22, 2024, Commerce tolled certain deadlines
in this administrative proceeding by seven days.\3\ The deadline for
the final determination is now September 26, 2024.
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final Antidumping Duty
Determination, 89 FR 17394 (March 11, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Aluminum Extrusions From the People's Republic of China,
Indonesia, Mexico, and the Republic of T[uuml]rkiye: Amended
Preliminary Countervailing Duty Determinations, 89 FR 45634 (May 23,
2024).
\3\ 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.\4\ The Issues and Decision Memorandum
is a public document and is made available to the public 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Countervailing Duty Investigation
of Aluminum Extrusions from the People's 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.
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 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.\6\
---------------------------------------------------------------------------
\5\ See Memoranda, ``Preliminary Scope Decision Memorandum,''
dated March 4, 2024, and ``Preliminary Scope Decision Memorandum
II,'' dated May 1, 2024 (collectively Preliminary Scope Decision
Memoranda).
\6\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II to this notice.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available, see the Preliminary
Determination,\8\ and the Issues and Decision Memorandum section
entitled ``Use of Facts Otherwise Available and Application of Adverse
Inferences.''
---------------------------------------------------------------------------
\8\ See Preliminary Determination PDM at 6-34.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in May 2024, we conducted
verifications of information submitted by Sanhua (Hangzhou) Micro
Channel Heat Exchanger Co., Ltd. (Sanhua) and Suzhou Dayer Mechatronic
Hi-Tech Co., Ltd. (Suzhou Dayer) for use in our final determination. We
used standard verification procedures, including an examination of
relevant accounting records, and original source documents provided by
Sanhua and Suzhou Dayer.\9\
---------------------------------------------------------------------------
\9\ See Memoranda, ``Countervailing Duty Investigation of
Aluminum Extrusions from the People's Republic of China:
Verification of Suzhou Dayer Mechatronic Hi-Tech Co., Ltd.'s
Questionnaire Responses,'' and ``Countervailing Duty Investigation
of Aluminum Extrusions from the People's Republic of China:
Verification of Sanhua (Hangzhou) Micro Channel Heat Exchanger Co.,
Ltd.'s Questionnaire Responses,'' dated May 31, 2024.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we made certain changes to the
subsidy rate calculations for Sanhua. For a discussion of these
changes, see the Issues and Decision Memorandum.
[[Page 80527]]
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or rates based entirely under section 776 of the Act. In this
investigation, Commerce calculated an individual estimated
countervailable subsidy rate for Sanhua, the only individually-examined
exporter/producer in this investigation for which Commerce is
calculating an estimated countervailable subsidy rate. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated countervailable subsidy
rate calculated for Sanhua is the rate assigned to all other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist: \10\
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\10\ As discussed in the Preliminary Decision Memorandum,
Commerce has determined that the following companies are cross-owned
with Sanhua, pursuant to 19 CFR 351.525(b)(6)(vi): Zhejiang 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.; and Sanhua Heat Exchanger (Zhengzhou) Co.,
Ltd.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Qingdao Sea Nova Building............................... * 168.81
Qingyuan SinoGar Aluminum Co., Ltd...................... * 168.81
Sanhua (Hangzhou) Micro Channel Heat Exchanger Co., 14.56
Ltd.; Zhejiang 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.; and Sanhua Heat Exchanger
(Zhengzhou) Co., Ltd...................................
Shenyang Yuanda Aluminum Industry Engineering Co., Ltd.. * 168.81
Shenzhen SinoGar Aluminum Co., Ltd...................... * 168.81
Wenzhou Yongtai Electric Co., Ltd....................... * 168.81
Wuxi Rapid Scaffolding (Engineering) Co. Ltd............ * 168.81
Yekalon Industry Inc.................................... * 168.81
All Others.............................................. 14.56
------------------------------------------------------------------------
* Rate based on AFA.
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise from China that were
entered, or withdrawn from warehouse, for consumption, on or after
March 11, 2024, the date of the publication of the Preliminary
Determination in the Federal Register. We also did not suspend
liquidation of entries for Suzhou Dayer because we preliminarily found
it had no sales of subject merchandise to the United States during the
POI, and, therefore, we did not calculate a subsidy rate for it.\11\ In
accordance with section 703(d) of the Act, we also instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse on, or after July 9,
2024, but to continue the suspension of liquidation of all entries of
subject merchandise between March 11, 2024, and July 8, 2024.
---------------------------------------------------------------------------
\11\ See Preliminary Determination PDM at 4.
---------------------------------------------------------------------------
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, reinstate the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated
countervailing duties for entries of subject merchandise in the amounts
indicated above. If the ITC determines that material injury, or threat
of material injury, does not exist, this proceeding will be terminated,
and all estimated duties deposited or securities posted as a result of
the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of aluminum
extrusions from China. Because the final determination is affirmative,
in accordance with section 705(b) 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 from China no later than 45
days after our final determination. In addition, we are making
available to the ITC all non-privileged and nonproprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing 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
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder
[[Page 80528]]
to parties subject to an APO of their responsibility concerning the
destruction of proprietary information disclosed under APO, in
accordance with 19 CFR 351.305(a)(3). Timely written notification of
the return/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 violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) 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 these 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
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.
[[Page 80529]]
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 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 these 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
[[Page 80530]]
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 these 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 these investigations on aluminum extrusions
from the People's Republic of China, whether assembled or
unassembled: heat sinks as described above; cleaning system
components like 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 from the Preliminary Determination
IV. Subsidies Valuation Information
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) Regarding the Export Buyer's Credits Program
Comment 2: Whether the Application of AFA to the Government of
China is Appropriate for Certain Less Than Adequate Remuneration
(LTAR) Programs
Comment 3: Provision of Electricity for LTAR
Comment 4: Whether the Income Tax Deductions for Research and
Development Expenses Under the Enterprise Income Tax Law Program Are
Specific
Comment 5: Countervailability of Other Subsidies
Comment 6: Whether Sanhua had Unreported Financing
Comment 7: Whether Commerce Should Apply AFA to Self-Reported
Subsidies
Comment 8: Denominator Modification and Correcting Certain
Calculation Errors
Comment 9: Whether the Lending Programs are Countervailable
Comment 10: Whether Commerce Should Issue a Negative
Determination
Comment 11: Whether Commerce Should Modify its AFA Rate
Selection Methodology
VIII. Recommendation
[FR Doc. 2024-22776 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P