Aluminum Extrusions From Malaysia: Final Affirmative Determination of Sales at Less Than Fair Value, 80458-80463 [2024-22784]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80458-80463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22784]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-557-826]


Aluminum Extrusions From Malaysia: 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 
imports of aluminum extrusions from Malaysia are being, or are likely 
to be, sold in the United States at less than fair value (LTFV) for the 
period of investigation (POI) October 1, 2022, through September 30, 
2023.

DATES: Applicable October 3, 2024.

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

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
aluminum extrusions from Malaysia.\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 in this investigation is 
now September 26, 2024.\2\
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    \1\ See Aluminum Extrusions from Malaysia: Preliminary 
Affirmative Determination of Sales at Less Than Fair Value, 
Postponement of Final Determination, and Extension of Provisional 
Measures, 89 FR 38057 (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.
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    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.
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    \3\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination of Sales at Less Than Fair Value in the 
Investigation of Aluminum Extrusions from Malaysia,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is aluminum extrusions 
from Malaysia. 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.\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\
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    \4\ 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).
    \5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice.
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Verification

    Commerce conducted verifications of the sales and cost information 
submitted by Genesis Aluminium Industries Sdn. Bhd. (Genesis)/Zenshin 
Industries Sdn. Bhd. (Zenshin) \6\ and P.A. Extrusion (M) Sdn. Bhd. 
(PAE),\7\ consistent with section 782(i) of the Tariff Act of 1930, as 
amended (the Act). Commerce used standard procedures to conduct the 
verifications, including examining relevant sales and accounting 
records and original source documents provided by Genesis/Zenshin and 
PAE.
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    \6\ See Memoranda, ``Verification of the Sales Responses of 
Genesis Aluminium Industries Sdn. Bhd. and Zenshin Industries Sdn. 
Bhd. in the Less-Than-Fair-Value Investigation of Aluminum 
Extrusions from Malaysia,'' dated August 12, 2024; and 
``Verification of the Cost Response of Genesis Aluminum Industries 
SDN BHD in the Less-Than-Fair-Value Investigation of Aluminum 
Extrusions from Malaysia,'' dated August 13, 2024.
    \7\ See Memoranda, ``Verification of the Sales Response of P.A. 
Extrusion (M) Sdn. Bhd. in the Less-Than-Fair-Value Investigation of 
Aluminum Extrusions from Malaysia,'' dated August 12, 2024; and 
``Verification of the Cost Response of P.A. Resources Berhad. in the 
Less Than Fair Value Investigation of Aluminum Extrusions from 
Malaysia,'' dated August 12, 2024.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed 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
    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Determination, we made 
certain changes to our calculations of Genesis/Zenshin and PAE's 
estimated weighted-average dumping margins. For a discussion of these 
changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, pursuant sections 
776(a) and (b) of the Act, Commerce determined an estimated weighted-
average dumping margin based on adverse facts available (AFA) to EL 
Aluminium Billet (M) Sdn Bhd, Kosan Aluminum Extrusion SDN. BHD, and 
the Winstar Group. No party commented on our application of AFA. 
Accordingly for this final determination, we continue to find that the 
application of AFA pursuant to sections 776(a) and (b) of the Act is 
warranted to determine the estimated weighted-average dumping margins 
for EL Aluminium Billet (M) Sdn Bhd, Kosan Aluminum Extrusion SDN. BHD, 
and the Winstar Group.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not

[[Page 80459]]

individually investigated shall be equal to the weighted average of the 
estimated weighted-average dumping margins established for individually 
investigated exporters and producers, excluding rates that are zero, de 
minimis, or determined entirely under section 776 of the Act, i.e., 
facts otherwise available.
    However, pursuant to section 735(c)(5)(B) of the Act, if the 
estimated weighted-average dumping margins established for all 
exporters and producers individually investigated are zero, de minimis, 
or determined entirely under section 776 of the Act (i.e., based 
entirely on facts otherwise available or adverse facts available), 
Commerce may use any reasonable method to establish the estimated 
weighted-average dumping margin for all other producers and exporters.
    The SAA clarifies that if the estimated weighted-average dumping 
margins established for all exporters and producers individually 
investigated are zero, de minimis, or determined entirely under section 
776 of the Act, then the expected method for establishing the estimated 
all-others rate for exporters and producers not individually 
investigated is to weight average the zero and de minimis estimated 
weighted-average dumping margins and the estimated weighted-average 
dumping margins based on facts available, provided that volume data is 
available, unless doing so is not feasible, or the results would not be 
reasonably reflective of potential dumping margins for non-investigated 
exporters or producers.\8\
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    \8\ See Statement of Administrative Action Accompanying the 
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) (SAA) 
at 873.
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    In the final determination, Commerce calculated estimated weighted-
average dumping margins for Genesis/Zenshin and PAE that are equal to 
zero and based the dumping margins for the companies that failed to 
respond to Commerce's quantity and value (Q&V) questionnaire on AFA. 
Further, because the information necessary to calculate a weighted 
average was not available, calculating the all-others rate pursuant to 
the expected method was not feasible. Accordingly, as another 
reasonable method we calculated an all-others rate equal to a simple 
average of the two mandatory respondents' zero percent estimated 
weighted-average dumping margins and the three estimated weighted-
average dumping margins that Commerce based on AFA and assigned to the 
companies that failed to respond to Commerce's Q&V questionnaire.\9\
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    \9\ See Issues and Decision Memorandum at Comment 2.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:\10\
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    \10\ In the Preliminary Determination, Commerce determined that 
Genesis and Zenshin should be collapsed and treated as a single 
entity. No party commented on this decision. For this final 
determination, Commerce has continued to treat Genesis and Zenshin 
as a single entity. Although Commerce selected P.A. Resources Berhad 
(PARB) as a mandatory respondent, PARB reported that it is a holding 
company that is not involved in the production or exportation of the 
merchandise under investigation but that its subsidiary, P.A. 
Extrusion (M) Sdn. Bhd., produced the merchandise under 
investigation and sold that merchandise to the United States during 
the POI. Consequently, Commerce determined an estimated weighted-
average dumping margin for P.A. Extrusion (M) Sdn. Bhd., the only 
producer and exporter of the merchandise under consideration owned 
by PARB. See Preliminary Determination PDM at 4

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
------------------------------------------------------------------------
Genesis Aluminium Industries Sdn. Bhd.; Zenshin                     0.00
 Industries Sdn. Bhd................................
P.A. Extrusion (M) Sdn. Bhd.........................                0.00
EL Aluminium Billet (M) Sdn Bhd.....................             * 27.51
Kosan Aluminum Extrusion SDN. BHD...................             * 27.51
Winstar Group.......................................             * 27.51
All Others..........................................               16.51
------------------------------------------------------------------------
* Rate based on AFA.

    Consistent with section 733(b)(3) of the Act, Commerce has 
determined that the individually examined respondents listed above with 
zero percent estimated weighted-average dumping margins have not sold 
subject merchandise at LTFV during the POI.

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final determination to interested parties 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, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all applicable 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 of the Preliminary Determination in the Federal 
Register, except for the entries of subject merchandise produced and 
exported by Genesis/Zenshin and produced and exported by PAE. These 
suspension of liquidation instructions will remain in effect until 
further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), where appropriate, Commerce will instruct CBP to require a 
cash deposit equal to the estimated weighted-average dumping margin or 
the estimated all-others rate, as follows: (1) the cash deposit rate 
for the companies listed above that exported the subject merchandise 
will be equal to the company-specific estimated weighted-average 
dumping margin determined in this final determination; (2) if the 
exporter is not a company identified above but the producer is, then 
the cash deposit rate will be equal to the company-specific estimated 
weighted-average dumping margin established for that producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the estimated weighted-average 
dumping margin for all other producers and exporters.
    Because the estimated weighted-average dumping margins for Genesis/
Zenshin and PAE are zero percent, entries of subject merchandise that 
are produced and exported by Genesis/Zenshin or produced and exported 
by PAE will not be subject to suspension of liquidation or cash deposit 
requirements. In such situations, Commerce also applies the exclusion 
to the provisional measures to the producer/exporter combination that 
was examined in the investigation.

[[Page 80460]]

Accordingly, Commerce will not be directing CBP to suspend liquidation 
of entries of subject merchandise produced and exported by Genesis/
Zenshin or produced and exported by PAE. However, entries of subject 
merchandise from these companies with any other producer/exporter 
combination (i.e., where Genesis/Zenshin, is either the producer or the 
exporter, but not both; and where PAE is either producer or the 
exporter, but not both), or entries of subject merchandise exported by 
third parties that sourced the subject merchandise from the excluded 
producer/exporter combinations, will be subject to suspension of 
liquidation and the cash deposit instructions at the all others rate.
    Further, because the estimated weighted-average dumping margin is 
zero for subject merchandise produced and exported by Genesis/Zenshin 
and produced and exported by PAE, entries of such merchandise will be 
excluded from the potential antidumping duty order. Such an exclusion 
will not be applicable to merchandise exported to the United States by 
Genesis/Zenshin or PAE in any other producer/exporter combinations or 
by third parties that sourced subject merchandise from the excluded 
producer/exporter combination.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of this final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
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 or sales (or the likelihood of 
sales) for importation of subject aluminum extrusions no later than 45 
days after this final determination. If the ITC determines that such 
injury does not exist, this proceeding will be terminated, all cash 
deposits posted will be refunded, 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 instruction by Commerce, antidumping duties on all imports of 
the subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

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 final determination and notice are issued and published in 
accordance with sections 735(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 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

[[Page 80461]]

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.
    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

[[Page 80462]]

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 3 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 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.

[[Page 80463]]

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 Terminate the Investigation
    Comment 2: Whether Commerce Correctly Determined the All-Others 
Rate
    Comment 3: Whether Commerce Incorrectly Applied Two Different 
Manufacturer Codes to Genesis/Zenshin
    Comment 4: Whether Commerce Erred by Using Sales Outside the POI 
in its Analysis
    Comment 5: Whether Commerce Should Continue to Apply the Cohen's 
d Test to Genesis/Zenshin's U.S. Sales
    Comment 6: Whether Genesis/Zenshin is Affiliated with Certain 
Press Metal Companies
    Comment 7: Whether Genesis/Zenshin is Affiliated with a Home 
Market Customer
    Comment 8: Whether Commerce Should Correct Genesis/Zenshin's 
General and Administrative (G&A) Expense Ratio
    Comment 9: Whether Commerce Should Use Genesis/Zenshin's Revised 
Sales Data
    Comment 10: Whether Certain Sales by PAE are Outside the 
Ordinary Course of Trade
    Comment 11: Whether Commerce Should Apply Partial Adverse Facts 
Available to PAE
    Comment 12: Whether Commerce Should Correct its Major Input 
Adjustment to PAE's Costs
    Comment 13: Whether Commerce Should Correct PAE's G&A Expense 
Ratio
    Comment 14: Whether Commerce Should Adjust PAE's Total Cost of 
Manufacturing
V. Recommendation
[FR Doc. 2024-22784 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P