Aluminum Extrusions From Mexico: Final Affirmative Determination of Sales at Less Than Fair Value, 80463-80468 [2024-22787]
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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
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]
DEPARTMENT OF COMMERCE
International Trade Administration
Background
On May 7, 2024, Commerce published
in the Federal Register its preliminary
affirmative determination in the LTFV
investigation of aluminum extrusions
from Mexico.1 We invited interested
parties to comment on the Preliminary
Determination. On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days. The deadline for the final
determination of this investigation is
now September 26, 2024.2
A summary of the events that
occurred since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
parties for this final determination, may
be found in the Issues and Decision
Memorandum.3 The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Investigation
Scope Comments
[A–201–860]
During the course of this
investigation, Commerce received scope
comments from interested parties.
Aluminum Extrusions From Mexico:
Final Affirmative Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of aluminum extrusions from
Mexico 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.
AGENCY:
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SUPPLEMENTARY INFORMATION:
The product covered by this
investigation is aluminum extrusions
from Mexico. For a complete
description of the scope of this
investigation, see Appendix I.
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
Fred
Baker or Carolyn Adie, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2924 or (202) 482–6250,
respectively.
FOR FURTHER INFORMATION CONTACT:
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1 See Aluminum Extrusions from Mexico:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional
Measures, 89 FR 38037 (May 7, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination of Sales at Less
Than Fair Value in the Investigation of Aluminum
Extrusions from Mexico,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Commerce issued Preliminary Scope
Decision Memoranda to address these
comments and set aside a period of time
for parties to address scope issues in
scope-specific case and rebuttal briefs.4
Between May 22, 2024, and June 24,
2024, Commerce received postpreliminary determination scope
comments from interested parties
regarding numerous products and
scope-related issues. Between July 20,
2024, and August 19, 2024, Commerce
received scope case and rebuttal briefs
from numerous interested parties. We
made changes to the scope of the
investigation from the scope published
in the Preliminary Determination, as
noted in Appendix I.5
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and cost
information submitted by Aluminio de
Baja California, S.A. de C.V. (ABC) 6 and
Aluminio Texcoco S.A. de C.V.
(ALUTEX),7 including ALUTEX’s U.S.
affiliate Marvol Metal Solutions
(Marvol),8 for use in our final
determination. We used standard
verification procedures, including an
examination of relevant sales and
accounting records, and original source
documents provided by ABC, ALUTEX,
and Marvol.
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
We made certain changes regarding
ABC’s and ALUTEX’s reported sales and
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.
6 See Memoranda, ‘‘Verification of the Sales
Response of Aluminio de Baja California, S.A. de
C.V,’’ dated July 26, 2024, and ‘‘Verification of the
Cost Response of Aluminio de Baja California, S.A.
de C.V. d.b.a. ABC Aluminum Solutions,’’ dated
August 15, 2024.
7 See Memorandum, Verification of the Sales
Response of ALUTEX,’’ dated July 26, 2024; see also
Memorandum, ‘‘Verification of the Cost Response of
Aluminio Texcoco, S.A. de C.V.,’’ dated August 24,
2024.
8 See Memorandum, ‘‘Verification of Sales
Response of Marvol Metal Solutions,’’ dated July
26, 2024.
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cost data since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
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.
In this investigation, Commerce
calculated individual estimated
weighted-average dumping margins for
ABC and ALUTEX that are not zero, de
minimis, or based entirely on facts
otherwise available. Because the
individually calculated margins are not
zero, de minimis, or based entirely on
facts otherwise available, Commerce
calculated the all-others rate using a
simple average of the estimated
weighted-average dumping margins
calculated for the examined
respondents.9
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist: 10
Weightedaverage
dumping
margin
(percent)
Exporter/producer
Aluminio de Baja California S.A. de C.V .................................................................................................................
Aluminio Texcoco, S.A. de C.V./NEO ......................................................................................................................
Aluminio, S.A. de C.V./Extrusiones Metálicas, S.A. de C.V./Extrusiones Metálicas Expo .....................................
Merit Stamping .........................................................................................................................................................
Tubos y Perfiles de Aluminio ...................................................................................................................................
All Others .................................................................................................................................................................
Cash deposit
rate (adjusted
for export
subsidy offset)
(percent)
22.71
22.04
7.42
* 82.03
* 82.03
15.07
7.42
81.36
81.36
14.40
* Rates based on facts available with adverse inferences.
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 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. 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), upon
the publication of this notice, we will
instruct CBP to require a cash deposit
for estimated antidumping duties for
such entries as follows: (1) the cash
deposit rate for the respondents listed in
the table above is the company-specific
estimated weighted-average dumping
margins listed for the respondents in the
table; (2) if the exporter is not a
respondent listed in the table above, but
the producer is, then the cash deposit
rate is the company-specific estimated
weighted-average dumping margins
listed for the producer of the subject
merchandise in the table above; and (3)
the cash deposit rate for all other
producers and exporters is the all-others
estimated weighted-average dumping
margins listed in the table above.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of export
subsidies countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a final affirmative
determination for countervailable export
subsidies, Commerce offsets the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Commerce has continued to adjust the
cash deposit rate for export subsidies in
the companion CVD investigation by the
appropriate export subsidy rate as
indicated in the above chart. However,
suspension of liquidation of provisional
measures in the companion CVD case
has been discontinued; 11 therefore, we
are not instructing CBP to collect cash
deposits based upon the adjusted
estimated weighted-average dumping
margin for those export subsidies at this
time.
9 With two respondents selected for individual
examination, Commerce normally calculates: (A) a
weighted-average of the estimated weighted-average
dumping margins calculated for the examined
respondents; (B) a simple average of the estimated
weighted-average dumping margins calculated for
the examined respondents; and (C) a weightedaverage of the estimated weighted-average dumping
margins calculated for the examined respondents
using each company’s publicly ranged U.S. sales
values for the merchandise under consideration.
Commerce then compares (B) and (C) to (A) and
selects the rate closest to (A) as the most
appropriate rate for all other producers and
exporters. See, e.g., Ball Bearings and Parts Thereof
from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53662 (September 1, 2010),
and accompanying Issues and Decision
Memorandum at Comment 1. However, because
complete publicly ranged sales data are not
available for both examined respondents,
Commerce based the all-others rate on the simple
average of the weighted-average dumping margins
calculated for the mandatory respondents.
10 Commerce continues to determine that
Aluminio Texcoco, S.A. de C.V., NEO Aluminio,
S.A. de C.V., Extrusiones Metálicas, S.A. de C.V.,
Extrusiones Metálicas Expo are a single entity. See
Preliminary Determination PDM.
11 See Aluminum Extrusions from the Republic of
Turkey: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination With the Final Antidumping Duty
Determination, 89 FR 17399 (March 11, 2024); see
also section 703(d) of the Act, which states that the
provisional measures may not be in effect for more
than four months, which in the companion CVD
case is 120 days after the publication of the
preliminary determination, or July 8, 2024 (i.e., last
day provisional measures are in effect).
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).
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Continuation of Suspension of
Liquidation
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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
its final affirmative determination of
sales at LTFV. Because Commerce’s
final determination is affirmative, in
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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 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.
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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
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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
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structural functions. Heat sinks come in a
variety of sizes and shapes, including but not
limited to a flat electronic heat sink, which
is a solid aluminum extrusion with at least
one flat side used to mount electronic or
mechanical devices; a heat sink that is a
housing for electronic controls or motors;
lighting heat sinks, which dissipate heat
away from LED devices; and process and
exchange heat sinks, which are tube
extrusions with fins or plates used to hold
radiator tubing. Heat sinks are included in
the scope, regardless of whether the design
and production of the heat sinks are
organized around meeting specified thermal
performance requirements and regardless of
whether they have been tested to comply
with such requirements. For purposes of the
investigations on aluminum extrusions from
the People’s Republic of China, only heat
sinks designed and produced around meeting
specified thermal performance requirements
and tested to comply with such requirements
are included in the scope. Excluded from the
scope of the investigation are large, multifinned extruded aluminum heat sinks
designed to dissipate heat, meeting the
following criteria: (1) an aspect ratio (defined
as the ratio of the area of a void in an
extrusion to the size of the smallest gap
opening at the entrance of that void and
calculated by dividing the void area by the
square of the gap opening) greater than 15 to
1; or (2) the circumscribing circle diameter
(defined as the diameter of the smallest circle
that will entirely enclose the extrusion’s
cross-sectional profile) rounded up to the
next half inch, exceeds 10 inches, and the
weight-per-foot (defined as the theoretical
weight of the profile as extruded prior to any
machining that may remove material and
calculated by multiplying the area of the
profile in square inches by 1.2) exceeds 3.50
pounds per foot.
Merchandise that is comprised solely of
aluminum extrusions or aluminum
extrusions and fasteners, whether assembled
at the time of importation or unassembled, is
covered by the scope in its entirety. A
fastener is any material or part that serves an
attachment function, fastens two or more
components, or serves to prevent or restrict
movement of a component or another item.
Examples of fasteners include, but are not
limited to, nuts, bolts, clamps, and end caps.
The scope also includes aluminum
extrusions contained in merchandise that is
a part or subassembly of a larger whole,
whether or not the merchandise also contains
a component other than aluminum
extrusions that is beyond a fastener. Such
merchandise may be either assembled or
unassembled at the time of importation. A
‘‘part or subassembly’’ is defined as a unit
designed to be attached to, or incorporated
with, one or more other units or components
into a larger completed product. Only the
aluminum extrusion portion of the
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
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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 orders 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.
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The scope also excludes merchandise
containing multiple subassemblies of a larger
whole with non-extruded aluminum
components beyond fasteners. A
subassembly that meets the definition of
subject merchandise, including any product
expressly identified as subject merchandise
in this scope, can only be excluded if it is
fully and permanently assembled with at
least one other different subassembly, and
where (1) at least one of the subassemblies,
if entered individually, would not itself be
subject to the scope; (2) the aluminum
extrusions within the merchandise
collectively account for 50 percent or less of
the actual weight of the combined multiple
subassemblies (without including any nonextruded aluminum fasteners in the
calculations); and (3) the aluminum
extrusions within the merchandise
collectively account for 50 percent or less of
the number of pieces of the combined
multiple subassemblies (without including
any non-extruded aluminum fasteners in the
calculations).
The scope also includes aluminum
extrusions that have been further processed
in a third country, including, but not limited
to, the finishing and fabrication processes
described above, assembly, whether with
other aluminum extrusion components or
with non-aluminum extrusion components,
or any other processing that would not
otherwise remove the merchandise from the
scope if performed in the country of
manufacture of the in-scope product. Third
country processing; finishing; and/or
fabrication, including those processes
described in the scope, does not alter the
country of origin of the subject aluminum
extrusions.
The following aluminum extrusion
products are excluded: aluminum extrusions
made from an aluminum alloy with an
Aluminum Association series designations
commencing with the number 2 (or
proprietary equivalents or other certifying
body equivalents) and containing in excess of
1.5 percent copper by weight; aluminum
extrusions made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 5
(or proprietary equivalents or other certifying
body equivalents) and containing in excess of
2.0 percent magnesium by weight; and
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 7 (or proprietary
equivalents or other certifying body
equivalents) and containing in excess of 2.0
percent zinc by weight.
The scope also excludes aluminum alloy
sheet or plates produced by means other than
the extrusion process, such as aluminum
products produced by a method of
continuous casting or rolling. Cast aluminum
products are also excluded. The scope also
excludes unwrought aluminum in any form.
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)
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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 2.97mW/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 +/
¥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
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shelves are classified under HTSUS
8418.99.8050, which is being included for
convenience.
Also excluded from the scope of this
investigation is certain rectangular wire,
imported in bulk rolls or precut strips and
produced from continuously cast rolled
aluminum wire rod, which is subsequently
extruded to dimension to form rectangular
wire with or without rounded edges. The
product is made from aluminum alloy grade
1070 or 1370 (not including proprietary
equivalents or other certifying body
equivalents), with no recycled metal content
allowed. The dimensions of the wire are 2.95
mm to 6.05 mm in width, and 0.65 mm to
1.25 mm in thickness. Imports of rectangular
wire are provided for under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7605.19.0000, 7604.10.5000, or
7616.99.5190.
Also excluded from the scope of the
antidumping and countervailing duty
investigations on aluminum extrusions from
the People’s Republic of China are all
products covered by the scope of the
antidumping and countervailing duty orders
on Aluminum Extrusions from the People’s
Republic of China. See Aluminum Extrusions
from the People’s Republic of China:
Antidumping Duty Order, 76 FR 30650 (May
26, 2011); and Aluminum Extrusions from
the People’s Republic of China:
Countervailing Duty Order, 76 FR 30653
(May 26, 2011) (collectively, Aluminum
Extrusions from the People’s Republic of
China). Solely for the investigations on
aluminum extrusions from the People’s
Republic of China, the following is an
exhaustive list of products where the
aluminum extrusion portions thereof meet
the definition of subject merchandise. The
language contained in the rest of the scope
applies to this exhaustive list of products.
Merchandise that is not included in the
following list that meets the definition of
subject merchandise in the 2011
antidumping and countervailing duty orders
on Aluminum Extrusions from the People’s
Republic of China remains subject to the
earlier orders. No other section of this scope
language that provides examples of subject
merchandise is exhaustive.
The aluminum extrusion portions of the
following products are included in the scope
of the investigations on aluminum extrusions
from the People’s Republic of China, whether
assembled or unassembled: heat sinks as
described above; cleaning system
components like mop parts and
subassemblies and poles; banner stand and
back wall parts and subassemblies; fabric
wall systems; drapery rails; side mount valve
controls; water heater anodes; solar panel
mounting systems; automotive heating and
cooling system components; assembled
motor cases with stators; louver assemblies;
event décor; window wall and window wall
units and parts; trade booths; micro channel
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
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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;
PO 00000
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80467
8479.90.8500; 8479.90.9596; 8481.90.9060;
8481.90.9085; 8486.90.0000; 8487.90.0080;
8503.00.9520; 8508.70.0000; 8513.90.2000;
8515.90.2000; 8516.90.5000; 8516.90.8050;
8517.71.0000; 8517.79.0000; 8529.90.7300;
8529.90.9760; 8536.90.8585; 8538.10.0000;
8541.90.0000; 8543.90.8885; 8547.90.0020;
8547.90.0030; 8547.90.0040; 8708.10.3050;
8708.29.5160; 8708.80.6590; 8708.99.6890;
8807.30.0060; 9031.90.9195; 9401.99.9081;
9403.99.1040; 9403.99.9010; 9403.99.9015;
9403.99.9020; 9403.99.9040; 9403.99.9045;
9405.99.4020; 9506.11.4080; 9506.51.4000;
9506.51.6000; 9506.59.4040; 9506.70.2090;
9506.91.0010; 9506.91.0020; 9506.91.0030;
9506.99.0510; 9506.99.0520; 9506.99.0530;
9506.99.1500; 9506.99.2000; 9506.99.2580;
9506.99.2800; 9506.99.5500; 9506.99.6080;
9507.30.2000; 9507.30.4000; 9507.30.6000;
9507.30.8000; 9507.90.6000; and
9603.90.8050.
While HTSUS subheadings are provided
for convenience and customs purposes, the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Affiliation/Single Entity
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Partial Adverse Facts Available
(AFA) To Account for Unverified
ALUTEX Data and Information
Comment 2: Whether Commerce Should
Correct a Programming Error Related to
ALUTEX’s Manufacturer Field (MFRH/
U)
Comment 3: Whether Commerce Correctly
Treated ALUTEX’s Freight Revenue
Comment 4: Whether Commerce’s Sales
Verification Report for ALUTEX
Contained Inaccurate Information
Regarding its Company President
Comment 5: Whether Commerce Should
Revise Its Treatment of Certain of ABC’s
Billing Adjustments Pursuant to Its
Verification
Comment 6: Whether Commerce’s
Subassembly Exclusion Is in Accordance
With Law
Comment 7: Whether Commerce May
Decline To Consider ABC’s Subassembly
Cost and Sales Data
Comment 8: Whether Commerce’s
Methodology Is Flawed With Respect to
Subassemblies
Comment 9: Whether Commerce Can
Apply the Cohen’s d Test to Sales Data
That Violate the Underlying
Assumptions of the Test
Comment 10: Whether Commerce Must
Adjust the All-Others Rate for Export
Subsidies Determined in the Concurrent
Countervailing Duty Investigation
Comment 11: Whether Commerce Should
Perform an Individual Analysis for a
Voluntary Respondent
Comment 12: Whether Commerce Should
Revise ABC’s Revised Variance Between
Its Financial Accounting and the
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Reported Cost of Manufacturing (i.e.,
FINVAR)
Comment 13: Whether Commerce Should
Add the Cost of Transformadora ABC,
S.A. de C.V.’s (Transformadora) Labor
Services to the Reported Costs
Comment 14: Whether Commerce Should
Apply Its Quarterly Cost Methodology to
ALUTEX
VI. Recommendation
[FR Doc. 2024–22787 Filed 10–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–851]
Aluminum Extrusions From the
Republic of Türkiye: Final Affirmative
Countervailing Duty Determination
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 Republic
of Türkiye (Türkiye). The period of
investigation is January 1, 2022, through
December 31, 2022.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT: T.J.
Worthington, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4567.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 11, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1
Subsequently, on May 3, 2024,
Commerce issued its Post-Preliminary
Determination.2 On May 23, 2024,
Commerce published its Amended
Preliminary Determination in the
Federal Register.3 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.4 The deadline for the final
determination of this investigation is
now September 26, 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.5 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.
Scope of the Investigation
The products covered by this
investigation are aluminum extrusions
from Türkiye. 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.6
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.7
ddrumheller on DSK120RN23PROD with NOTICES1
4 See
1 See Aluminum Extrusions from the Republic of
Turkey: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with the Final Antidumping Duty
Determination, 89 FR 17399 (March 11, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 See Memorandum, ‘‘Decision Memorandum for
the Post-Preliminary Analysis in the Countervailing
Duty Investigation of Aluminum Extrusions from
the Republic of Türkiye,’’ dated May 3, 2024.
3 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).
VerDate Sep<11>2014
17:59 Oct 02, 2024
Jkt 265001
Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Aluminum
Extrusions from the Republic of Türkiye,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
6 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).
7 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this
notice.
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Sfmt 4703
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.8 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, pursuant to sections
776(a) and (b) of the Act. For a full
discussion of our application of adverse
facts available (AFA), see the
Preliminary Determination PDM 9 and
section ‘‘Use of Facts Otherwise
Available and Application of Adverse
Inferences’’ in the Issues and Decision
Memorandum.
Verification
Consistent with section 782(i) of the
Act, in May 2024, Commerce verified all
information reported by Erdoganlar
Aluminyum San. ve Tic. A.S.
(Erdoganlar) and Sistem Aluminyum
Sanayi ve Ticaret A.S. (Sistem). We
used standard verification procedures,
including an examination of relevant
account records and original source
documents provided by the
respondents.10
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from interested
parties and our verification findings, we
8 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.
9 See Preliminary Determination PDM at 11–19.
10 See Memoranda, ‘‘Verification of the
Questionnaire Responses of Erdoğanlar Alüminyum
Sanayi ve Ticaret A.S.,’’ dated June 5, 2024; and
‘‘Verification of the Questionnaire Responses of
Sistem Aluminyum Sanayi ve Ticaret A.S.,’’ dated
June 5, 2024.
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Agencies
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80463-80468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22787]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-860]
Aluminum Extrusions From Mexico: 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 Mexico 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: Fred Baker or Carolyn Adie, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-6250,
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 Mexico.\1\ We invited interested parties to
comment on the Preliminary Determination. On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days. The deadline for the final determination of this investigation is
now September 26, 2024.\2\
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from Mexico: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 89 FR
38037 (May 7, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------
A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum
is a public document and is on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Aluminum Extrusions from Mexico,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum extrusions
from Mexico. 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost information submitted
by Aluminio de Baja California, S.A. de C.V. (ABC) \6\ and Aluminio
Texcoco S.A. de C.V. (ALUTEX),\7\ including ALUTEX's U.S. affiliate
Marvol Metal Solutions (Marvol),\8\ for use in our final determination.
We used standard verification procedures, including an examination of
relevant sales and accounting records, and original source documents
provided by ABC, ALUTEX, and Marvol.
---------------------------------------------------------------------------
\6\ See Memoranda, ``Verification of the Sales Response of
Aluminio de Baja California, S.A. de C.V,'' dated July 26, 2024, and
``Verification of the Cost Response of Aluminio de Baja California,
S.A. de C.V. d.b.a. ABC Aluminum Solutions,'' dated August 15, 2024.
\7\ See Memorandum, Verification of the Sales Response of
ALUTEX,'' dated July 26, 2024; see also Memorandum, ``Verification
of the Cost Response of Aluminio Texcoco, S.A. de C.V.,'' dated
August 24, 2024.
\8\ See Memorandum, ``Verification of Sales Response of Marvol
Metal Solutions,'' dated July 26, 2024.
---------------------------------------------------------------------------
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
We made certain changes regarding ABC's and ALUTEX's reported sales
and
[[Page 80464]]
cost data since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
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 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.
In this investigation, Commerce calculated individual estimated
weighted-average dumping margins for ABC and ALUTEX that are not zero,
de minimis, or based entirely on facts otherwise available. Because the
individually calculated margins are not zero, de minimis, or based
entirely on facts otherwise available, Commerce calculated the all-
others rate using a simple average of the estimated weighted-average
dumping margins calculated for the examined respondents.\9\
---------------------------------------------------------------------------
\9\ With two respondents selected for individual examination,
Commerce normally calculates: (A) a weighted-average of the
estimated weighted-average dumping margins calculated for the
examined respondents; (B) a simple average of the estimated
weighted-average dumping margins calculated for the examined
respondents; and (C) a weighted-average of the estimated weighted-
average dumping margins calculated for the examined respondents
using each company's publicly ranged U.S. sales values for the
merchandise under consideration. Commerce then compares (B) and (C)
to (A) and selects the rate closest to (A) as the most appropriate
rate for all other producers and exporters. See, e.g., Ball Bearings
and Parts Thereof from France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty Administrative Reviews,
Final Results of Changed-Circumstances Review, and Revocation of an
Order in Part, 75 FR 53661, 53662 (September 1, 2010), and
accompanying Issues and Decision Memorandum at Comment 1. However,
because complete publicly ranged sales data are not available for
both examined respondents, Commerce based the all-others rate on the
simple average of the weighted-average dumping margins calculated
for the mandatory respondents.
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist: \10\
---------------------------------------------------------------------------
\10\ Commerce continues to determine that Aluminio Texcoco, S.A.
de C.V., NEO Aluminio, S.A. de C.V., Extrusiones Met[aacute]licas,
S.A. de C.V., Extrusiones Met[aacute]licas Expo are a single entity.
See Preliminary Determination PDM.
------------------------------------------------------------------------
Weighted-
average Cash deposit rate
Exporter/producer dumping (adjusted for
margin export subsidy
(percent) offset) (percent)
------------------------------------------------------------------------
Aluminio de Baja California S.A. de C.V... 22.71 22.04
Aluminio Texcoco, S.A. de C.V./NEO........ 7.42 7.42
Aluminio, S.A. de C.V./Extrusiones
Met[aacute]licas, S.A. de C.V./
Extrusiones Met[aacute]licas Expo........
Merit Stamping............................ * 82.03 81.36
Tubos y Perfiles de Aluminio.............. * 82.03 81.36
All Others................................ 15.07 14.40
------------------------------------------------------------------------
* Rates based on facts available with adverse inferences.
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 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.
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), upon the publication of this notice, we will instruct CBP
to require a cash deposit for estimated antidumping duties for such
entries as follows: (1) the cash deposit rate for the respondents
listed in the table above is the company-specific estimated weighted-
average dumping margins listed for the respondents in the table; (2) if
the exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate is the company-specific
estimated weighted-average dumping margins listed for the producer of
the subject merchandise in the table above; and (3) the cash deposit
rate for all other producers and exporters is the all-others estimated
weighted-average dumping margins listed in the table above.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of export
subsidies countervailed in a companion countervailing duty (CVD)
proceeding, when CVD provisional measures are in effect. Accordingly,
where Commerce has made a final affirmative determination for
countervailable export subsidies, Commerce offsets the estimated
weighted-average dumping margin by the appropriate CVD rate. Commerce
has continued to adjust the cash deposit rate for export subsidies in
the companion CVD investigation by the appropriate export subsidy rate
as indicated in the above chart. However, suspension of liquidation of
provisional measures in the companion CVD case has been discontinued;
\11\ therefore, we are not instructing CBP to collect cash deposits
based upon the adjusted estimated weighted-average dumping margin for
those export subsidies at this time.
---------------------------------------------------------------------------
\11\ See Aluminum Extrusions from the Republic of Turkey:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With the Final Antidumping Duty
Determination, 89 FR 17399 (March 11, 2024); see also section 703(d)
of the Act, which states that the provisional measures may not be in
effect for more than four months, which in the companion CVD case is
120 days after the publication of the preliminary determination, or
July 8, 2024 (i.e., last day provisional measures are in effect).
---------------------------------------------------------------------------
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 its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in
[[Page 80465]]
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 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
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
[[Page 80466]]
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 orders resulting
from this investigation) are excluded from the scope of this
investigation. Any part or subassembly that otherwise meets the
requirements of this scope and that is not covered by other
antidumping and/or countervailing duty orders remains subject to the
scope of the investigation.
The scope excludes aluminum extrusions contained in fully and
permanently assembled merchandise, if the assembled merchandise is
not a part or subassembly of a larger whole. To be excluded under
this paragraph, the assembled merchandise must also contain a
component other than aluminum extrusions, beyond fasteners. In
addition, to be excluded under this paragraph, the assembled
merchandise must be ready for use as imported, without undergoing
after importation any processing, fabrication, finishing, or
assembly or the addition of parts or material (with the exception of
consumable parts or material or interchangeable media or tooling).
The scope also excludes aluminum extrusions contained in
unassembled merchandise if the unassembled merchandise is not a part
or subassembly of a larger whole. To be excluded under this
paragraph, the unassembled merchandise must also contain a component
other than aluminum extrusions, beyond fasteners. In addition, to be
excluded under this paragraph, the unassembled merchandise must be a
packaged combination of parts that is ready to be assembled as
imported, without undergoing after importation any processing,
fabrication, or finishing or the addition of parts or material (with
the exception of consumable parts or material or interchangeable
media or tooling). To be excluded under this paragraph, the
unassembled merchandise must be sold and enter as a discrete kit on
one Customs entry form.
Examples of such excluded assembled and unassembled merchandise
include windows with glass, door units with door panel and glass,
motor vehicles, trailers, furniture, appliances, and solar panels
and solar modules. Window walls and window wall units are not
considered windows with glass for purposes of this exclusion.
The scope also excludes merchandise containing multiple
subassemblies of a larger whole with non-extruded aluminum
components beyond fasteners. A subassembly that meets the definition
of subject merchandise, including any product expressly identified
as subject merchandise in this scope, can only be excluded if it is
fully and permanently assembled with at least one other different
subassembly, and where (1) at least one of the subassemblies, if
entered individually, would not itself be subject to the scope; (2)
the aluminum extrusions within the merchandise collectively account
for 50 percent or less of the actual weight of the combined multiple
subassemblies (without including any non-extruded aluminum fasteners
in the calculations); and (3) the aluminum extrusions within the
merchandise collectively account for 50 percent or less of the
number of pieces of the combined multiple subassemblies (without
including any non-extruded aluminum fasteners in the calculations).
The scope also includes aluminum extrusions that have been
further processed in a third country, including, but not limited to,
the finishing and fabrication processes described above, assembly,
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would
not otherwise remove the merchandise from the scope if performed in
the country of manufacture of the in-scope product. Third country
processing; finishing; and/or fabrication, including those processes
described in the scope, does not alter the country of origin of the
subject aluminum extrusions.
The following aluminum extrusion products are excluded: aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designations commencing with the number 2 (or proprietary
equivalents or other certifying body equivalents) and containing in
excess of 1.5 percent copper by weight; aluminum extrusions made
from an aluminum alloy with an Aluminum Association series
designation commencing with the number 5 (or proprietary equivalents
or other certifying body equivalents) and containing in excess of
2.0 percent magnesium by weight; and aluminum extrusions made from
an aluminum alloy with an Aluminum Association series designation
commencing with the number 7 (or proprietary equivalents or other
certifying body equivalents) and containing in excess of 2.0 percent
zinc by weight.
The scope also excludes aluminum alloy sheet or plates produced
by means other than the extrusion process, such as aluminum products
produced by a method of continuous casting or rolling. Cast aluminum
products are also excluded. The scope also excludes unwrought
aluminum in any form.
The scope also excludes collapsible tubular containers composed
of metallic elements corresponding to alloy code 1080A as designated
by the Aluminum Association (not including proprietary equivalents
or other certifying body equivalents) where the tubular container
(excluding the nozzle) meets each of the following dimensional
characteristics: (1) length of 37 millimeters (mm) or 62 mm; (2)
outer diameter of 11.0 mm or 12.7 mm; and (3) wall thickness not
exceeding 0.13 mm.
Also excluded from the scope are extruded drawn solid profiles
made from an aluminum alloy with the Aluminum Association series
designation commencing with the number 1, 3, or 6 (or proprietary
equivalents or other certifying body equivalents), including
variants on individual alloying elements not to circumvent the other
Aluminum Association series designations, which meet each of the
following characteristics: (1) solid cross sectional area greater
than 62.4 mm\2\ and less than 906 mm\2\, (2) minimum electrical
conductivity of 58% of the international annealed copper standard
(IACS) or maximum resistivity of 2.97[mu][Omega]/cm, (3) a uniformly
applied nonelectrically conductive temperature-resistant coating co-
extruded over characteristic (1) of either polyamide, cross-linked
polyethylene, or silicone rubber material which meets the following
standards: (a) Vicat A temperature threshold of >140 degrees
Celsius, (b) flammability requirements of UL 94V-0, and (c) a
minimum coating thickness of 0.10 mm and maximum coating thickness
of 2.0 mm, with a maximum thickness tolerance of +/-0.20 mm, (4)
characteristic 3 may or may not be encapsulated with a ``Precision
Drawn Tubing,'' wall thicknesses less than 1.2mm, which is
mechanically fixed in place, and (5) packaged in straight lengths,
bent or formed and/or attached to hardware.
Also excluded from the scope are extruded tubing and drawn over
a ID plug and through a OD die made from an aluminum alloy with the
Aluminum Association series designation commencing with the number
3, 5, or 6 (or proprietary equivalents or other certifying body
equivalents), including variants on individual alloying elements not
to circumvent the other Aluminum Association series designations,
which meet each of the following characteristics: (1) an outside
mean diameter no greater than 30 mm with a tolerance less than or
equal to +/-0.10 mm, (2) uniform wall thickness no greater than 2.7
mm with wall tolerances less than or equal to +/-0.1 mm, (3) may be
coated with materials, including zinc, such that the coating
material weight is no less than 3 g/m2 and no greater than 30 g/m2,
and (4) packaged in continuous coils, straight lengths, bent or
formed.
The scope also excludes fully and permanently assembled glass
refrigerator shelves with decorative aluminum trim meeting the
following characteristics: (1) aluminum trim meeting Aluminum
Association series 6063-T5 designation that is anodized; (2)
aluminum trim length of not more than 800mm, and (3) aluminum trim
width of not more than 40mm. Such fully and permanently assembled
glass refrigerator shelves include other components in 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
[[Page 80467]]
shelves are classified under HTSUS 8418.99.8050, which is being
included for convenience.
Also excluded from the scope of this investigation is certain
rectangular wire, imported in bulk rolls or precut strips and
produced from continuously cast rolled aluminum wire rod, which is
subsequently extruded to dimension to form rectangular wire with or
without rounded edges. The product is made from aluminum alloy grade
1070 or 1370 (not including proprietary equivalents or other
certifying body equivalents), with no recycled metal content
allowed. The dimensions of the wire are 2.95 mm to 6.05 mm in width,
and 0.65 mm to 1.25 mm in thickness. Imports of rectangular wire are
provided for under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7605.19.0000, 7604.10.5000, or 7616.99.5190.
Also excluded from the scope of the antidumping and
countervailing duty investigations on aluminum extrusions from the
People's Republic of China are all products covered by the scope of
the antidumping and countervailing duty orders on Aluminum
Extrusions from the People's Republic of China. See Aluminum
Extrusions from the People's Republic of China: Antidumping Duty
Order, 76 FR 30650 (May 26, 2011); and Aluminum Extrusions from the
People's Republic of China: Countervailing Duty Order, 76 FR 30653
(May 26, 2011) (collectively, Aluminum Extrusions from the People's
Republic of China). Solely for the investigations on aluminum
extrusions from the People's Republic of China, the following is an
exhaustive list of products where the aluminum extrusion portions
thereof meet the definition of subject merchandise. The language
contained in the rest of the scope applies to this exhaustive list
of products. Merchandise that is not included in the following list
that meets the definition of subject merchandise in the 2011
antidumping and countervailing duty orders on Aluminum Extrusions
from the People's Republic of China remains subject to the earlier
orders. No other section of this scope language that provides
examples of subject merchandise is exhaustive.
The aluminum extrusion portions of the following products are
included in the scope of the investigations on aluminum extrusions
from the People's Republic of China, whether assembled or
unassembled: heat sinks as described above; cleaning system
components like mop parts and subassemblies and poles; banner stand
and back wall parts and subassemblies; fabric wall systems; drapery
rails; side mount valve controls; water heater anodes; solar panel
mounting systems; automotive heating and cooling system components;
assembled motor cases with stators; louver assemblies; event
d[eacute]cor; window wall and window wall units and parts; trade
booths; micro channel heat exchangers; telescoping poles, pole
handles, and pole attachments; flagpoles; wind sign frames; foreline
hose assembly; electronics enclosures; parts and subassemblies for
storefronts, including portal sets; light poles; air duct registers;
outdoor sporting goods parts and subassemblies; glass refrigerator
shelves; aluminum ramps; handicap ramp system parts and
subassemblies; frames and parts for tents and clear span structures;
parts and subassemblies for screen enclosures, patios, and sunrooms;
parts and subassemblies for walkways and walkway covers; aluminum
extrusions for Light Emitting Diode (LED) lights; parts and
subassemblies for screen, storm, and patio doors; pontoon boat parts
and subassemblies, including rub rails, flooring, decking, transom
structures, canopy systems, seating; boat hulls, framing, ladders,
and transom structures; parts and subassemblies for docks, piers,
boat lifts and mounting; recreational and boat trailer parts and
subassemblies, including subframes, crossmembers, and gates; solar
tracker assemblies with gears; garage door framing systems; door
threshold and sill assemblies; highway and bridge signs; bridge,
street, and highway rails; scaffolding, including planks and struts;
railing and support systems; parts and subassemblies for exercise
equipment; weatherstripping; door bottom and sweeps; door seals;
floor transitions and trims; parts and subassemblies for modular
walls and office furniture; truck trailer parts and subassemblies;
boat cover poles, outrigger poles, and rod holders; bleachers and
benches; parts and subassemblies for elevators, lifts, and
dumbwaiters; parts and subassemblies for mirror and framing systems;
window treatments; parts and subassemblies for air foils and fans;
bus and Recreational Vehicle (RV) window frames; sliding door rails;
dock ladders; parts and subassemblies for RV frames and trailers;
awning, canopy, and sunshade structures and their parts and
subassemblies; marine motor mounts; linear lighting housings; and
cluster mailbox systems.
Imports of the subject merchandise are primarily provided for
under the following categories of the HTSUS: 7604.10.1000;
7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090;
7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090;
7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090;
7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010;
7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
Imports of the subject merchandise, including subject
merchandise entered as parts of other products, may also be
classifiable under the following additional HTSUS categories, as
well as other HTSUS categories: 6603.90.8100; 7606.12.3091;
7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015;
7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125;
7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100;
7615.20.0000; 7616.10.9090; 7616.99.1000; 7616.99.5130;
7616.99.5140; 7616.99.5190; 8302.10.3000; 8302.10.6030;
8302.10.6060; 8302.10.6090; 8302.20.0000; 8302.30.3010;
8302.30.3060; 8302.41.3000; 8302.41.6015; 8302.41.6045;
8302.41.6050; 8302.41.6080; 8302.42.3010; 8302.42.3015;
8302.42.3065; 8302.49.6035; 8302.49.6045; 8302.49.6055;
8302.49.6085; 8302.50.0000; 8302.60.3000; 8302.60.9000;
8305.10.0050; 8306.30.0000; 8414.59.6590; 8415.90.8045;
8418.99.8005; 8418.99.8050; 8418.99.8060; 8419.50.5000;
8419.90.1000; 8422.90.0640; 8424.90.9080; 8473.30.2000;
8473.30.5100; 8479.89.9599; 8479.90.8500; 8479.90.9596;
8481.90.9060; 8481.90.9085; 8486.90.0000; 8487.90.0080;
8503.00.9520; 8508.70.0000; 8513.90.2000; 8515.90.2000;
8516.90.5000; 8516.90.8050; 8517.71.0000; 8517.79.0000;
8529.90.7300; 8529.90.9760; 8536.90.8585; 8538.10.0000;
8541.90.0000; 8543.90.8885; 8547.90.0020; 8547.90.0030;
8547.90.0040; 8708.10.3050; 8708.29.5160; 8708.80.6590;
8708.99.6890; 8807.30.0060; 9031.90.9195; 9401.99.9081;
9403.99.1040; 9403.99.9010; 9403.99.9015; 9403.99.9020;
9403.99.9040; 9403.99.9045; 9405.99.4020; 9506.11.4080;
9506.51.4000; 9506.51.6000; 9506.59.4040; 9506.70.2090;
9506.91.0010; 9506.91.0020; 9506.91.0030; 9506.99.0510;
9506.99.0520; 9506.99.0530; 9506.99.1500; 9506.99.2000;
9506.99.2580; 9506.99.2800; 9506.99.5500; 9506.99.6080;
9507.30.2000; 9507.30.4000; 9507.30.6000; 9507.30.8000;
9507.90.6000; and 9603.90.8050.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Affiliation/Single Entity
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Partial Adverse Facts
Available (AFA) To Account for Unverified ALUTEX Data and
Information
Comment 2: Whether Commerce Should Correct a Programming Error
Related to ALUTEX's Manufacturer Field (MFRH/U)
Comment 3: Whether Commerce Correctly Treated ALUTEX's Freight
Revenue
Comment 4: Whether Commerce's Sales Verification Report for
ALUTEX Contained Inaccurate Information Regarding its Company
President
Comment 5: Whether Commerce Should Revise Its Treatment of
Certain of ABC's Billing Adjustments Pursuant to Its Verification
Comment 6: Whether Commerce's Subassembly Exclusion Is in
Accordance With Law
Comment 7: Whether Commerce May Decline To Consider ABC's
Subassembly Cost and Sales Data
Comment 8: Whether Commerce's Methodology Is Flawed With Respect
to Subassemblies
Comment 9: Whether Commerce Can Apply the Cohen's d Test to
Sales Data That Violate the Underlying Assumptions of the Test
Comment 10: Whether Commerce Must Adjust the All-Others Rate for
Export Subsidies Determined in the Concurrent Countervailing Duty
Investigation
Comment 11: Whether Commerce Should Perform an Individual
Analysis for a Voluntary Respondent
Comment 12: Whether Commerce Should Revise ABC's Revised
Variance Between Its Financial Accounting and the
[[Page 80468]]
Reported Cost of Manufacturing (i.e., FINVAR)
Comment 13: Whether Commerce Should Add the Cost of
Transformadora ABC, S.A. de C.V.'s (Transformadora) Labor Services
to the Reported Costs
Comment 14: Whether Commerce Should Apply Its Quarterly Cost
Methodology to ALUTEX
VI. Recommendation
[FR Doc. 2024-22787 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P