Aluminum Extrusions From the Republic of Türkiye: Final Affirmative Countervailing Duty Determination, 80468-80472 [2024-22789]
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80468
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
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
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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).
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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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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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made certain changes to the subsidy rate
calculations for Erdoganlar and Sistem.
For a discussion of these changes, see
the Issues and Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of
the Act, Commerce will determine an
all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually examined,
excluding any rates that are zero, de
minimis, or rates based entirely under
section 776 of the Act.
Commerce continues to calculate a de
minimis rate for Sistem. Therefore, the
only rate that is not zero, de minimis,
or based entirely on facts otherwise
available is the rate calculated for
Erdoganlar. Consequently, the estimated
weighted-average rate calculated for
Erdoganlar is the rate assigned to all
other producers and exporters, pursuant
to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist:
Subsidy rate
(percent ad
valorem)
Company
Erdoganlar Aluminyum San. ve Tic. A.S .....................................................................................................................................
Sistem Aluminyum Sanayi ve Ticaret A.S ...................................................................................................................................
Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi ..............................................................................................
Ayde Aluminyum LTD. STI ..........................................................................................................................................................
P.M.S. Aluminyum Sanayi ve Ticaret A.S ...................................................................................................................................
Tuna Aluminium Ltd .....................................................................................................................................................................
Uluson Aluminum .........................................................................................................................................................................
All Others .....................................................................................................................................................................................
1.44
0.83 (de minimis)
* 147.53
* 147.53
* 147.53
* 147.53
* 147.53
1.44
* Rate is based on AFA.
Disclosure
Commerce intends to disclose to
interested parties the calculations and
analysis performed in this final
determination within five days of any
public announcement or, if there is no
public announcement, within five days
of the date of the publication of this
notice in the Federal Register, in
accordance with 19 CFR 351.224(b).
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Suspension of Liquidation
As a result of our Preliminary
Determination, pursuant to sections
703(d)(1)(B) and (d)(2) of the Act,
Commerce instructed U.S. Customs and
Border Protection (CBP) to suspend
liquidation of entries of subject
merchandise, as described in the scope
of the investigation section, that was
entered or withdrawn from warehouse
for consumption on or after March 11,
2024, the date of publication of the
Preliminary Determination in the
Federal Register, except for Sistem
because its preliminary subsidy rate was
de minimis. In accordance with section
703(d) of the Act, we instructed CBP to
discontinue the suspension of
liquidation of all entries of subject
merchandise entered or withdrawn from
warehouse on, or after, July 9, 2024, but
to continue the suspension of
liquidation of all entries of subject
merchandise between March 11, 2024,
and July 8, 2024. Because the subsidy
rate for Sistem was de minimis,
Commerce directed CBP not to suspend
liquidation of entries of the
merchandise from this company.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
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will issue a countervailing duty order,
reinstate the suspension of liquidation
under section 706(a) of the Act, and
require a cash deposit of estimated
countervailing duties for entries of
subject merchandise in the amounts
indicated above, other than those
produced and exported by Sistem
because its subsidy rate is de mininis. If
the ITC determines that material injury,
or threat of material injury, does not
exist, this proceeding will be
terminated, and all estimated duties
deposited or securities posted as a result
of the suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination that
countervailable subsidies are being
provided to producers and exporters of
aluminum extrusions from Türkiye.
Because the final determination is
affirmative, in accordance with section
705(b) of the Act, the ITC will make its
final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
aluminum extrusions from Türkiye no
later than 45 days after our final
determination. In addition, we are
making available to the ITC all nonprivileged and nonproprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
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the Assistant Secretary for Enforcement
and Compliance. If the ITC determines
that material injury or threat of material
injury does not exist, this proceeding
will be terminated, and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a countervailing duty order
directing CBP to assess, upon further
instruction by Commerce,
countervailing duties on all imports of
the subject merchandise, other than
those produced and exported by Sistem
because its subsidy rate is de minimis,
that are entered, or withdrawn from
warehouse, for consumption on or after
the effective date of the suspension of
liquidation, as discussed above in the
‘‘Continuation of Suspension of
Liquidation’’ section.
Administrative Protective Order
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act, and 19 CFR
351.210(c).
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Dated: September 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix I
Scope of the Investigation
The merchandise subject to this
investigation are aluminum extrusions,
regardless of form, finishing, or fabrication,
whether assembled with other parts or
unassembled, whether coated, painted,
anodized, or thermally improved. Aluminum
extrusions are shapes and forms, produced
by an extrusion process, made from
aluminum alloys having metallic elements
corresponding to the alloy series designations
published by the Aluminum Association
commencing with the numbers 1, 3, and 6 (or
proprietary equivalents or other certifying
body equivalents). Specifically, subject
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 1 contain not less than 99
percent aluminum by weight. Subject
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 3 contain manganese as the
major alloying element, with manganese
accounting for not more than 3.0 percent of
total materials by weight. Subject aluminum
extrusions made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 6
contain magnesium and silicon as the major
alloying elements, with magnesium
accounting for at least 0.1 percent but not
more than 2.0 percent of total materials by
weight, and silicon accounting for at least 0.1
percent but not more than 3.0 percent of total
materials by weight. The scope also includes
merchandise made from an aluminum alloy
with an Aluminum Association series
designation commencing with the number 5
(or proprietary equivalents or other certifying
body equivalents) that have a magnesium
content accounting for up to but not more
than 2.0 percent of total materials by weight.
The country of origin of the aluminum
extrusion is determined by where the metal
is extruded (i.e., pressed through a die).
Aluminum extrusions are produced and
imported in a wide variety of shapes and
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
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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, 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
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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.
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To be excluded under this paragraph, the
unassembled merchandise must also contain
a component other than aluminum
extrusions, beyond fasteners. In addition, to
be excluded under this paragraph, the
unassembled merchandise must be a
packaged combination of parts that is ready
to be assembled as imported, without
undergoing after importation any processing,
fabrication, or finishing or the addition of
parts or material (with the exception of
consumable parts or material or
interchangeable media or tooling). To be
excluded under this paragraph, the
unassembled merchandise must be sold and
enter as a discrete kit on one Customs entry
form.
Examples of such excluded assembled and
unassembled merchandise include windows
with glass, door units with door panel and
glass, motor vehicles, trailers, furniture,
appliances, and solar panels and solar
modules. Window walls and window wall
units are not considered windows with glass
for purposes of this exclusion.
The scope also excludes merchandise
containing multiple subassemblies of a larger
whole with non-extruded aluminum
components beyond fasteners. A
subassembly that meets the definition of
subject merchandise, including any product
expressly identified as subject merchandise
in this scope, can only be excluded if it is
fully and permanently assembled with at
least one other different subassembly, and
where (1) at least one of the subassemblies,
if entered individually, would not itself be
subject to the scope; (2) the aluminum
extrusions within the merchandise
collectively account for 50 percent or less of
the actual weight of the combined multiple
subassemblies (without including any nonextruded aluminum fasteners in the
calculations); and (3) the aluminum
extrusions within the merchandise
collectively account for 50 percent or less of
the number of pieces of the combined
multiple subassemblies (without including
any non-extruded aluminum fasteners in the
calculations).
The scope also includes aluminum
extrusions that have been further processed
in a third country, including, but not limited
to, the finishing and fabrication processes
described above, assembly, whether with
other aluminum extrusion components or
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
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designation commencing with the number 5
(or proprietary equivalents or other certifying
body equivalents) and containing in excess of
2.0 percent magnesium by weight; and
aluminum extrusions made from an
aluminum alloy with an Aluminum
Association series designation commencing
with the number 7 (or proprietary
equivalents or other certifying body
equivalents) and containing in excess of 2.0
percent zinc by weight.
The scope also excludes aluminum alloy
sheet or plates produced by means other than
the extrusion process, such as aluminum
products produced by a method of
continuous casting or rolling. Cast aluminum
products are also excluded. The scope also
excludes unwrought aluminum in any form.
The scope also excludes collapsible tubular
containers composed of metallic elements
corresponding to alloy code 1080A as
designated by the Aluminum Association
(not including proprietary equivalents or
other certifying body equivalents) where the
tubular container (excluding the nozzle)
meets each of the following dimensional
characteristics: (1) length of 37 millimeters
(mm) or 62 mm; (2) outer diameter of 11.0
mm or 12.7 mm; and (3) wall thickness not
exceeding 0.13 mm.
Also excluded from the scope are extruded
drawn solid profiles made from an aluminum
alloy with the Aluminum Association series
designation commencing with the number 1,
3, or 6 (or proprietary equivalents or other
certifying body equivalents), including
variants on individual alloying elements not
to circumvent the other Aluminum
Association series designations, which meet
each of the following characteristics: (1) solid
cross sectional area greater than 62.4 mm2
and less than 906 mm2, (2) minimum
electrical conductivity of 58% of the
international annealed copper standard
(IACS) or maximum resistivity of 2.97
mW/cm, (3) a uniformly applied
nonelectrically conductive temperatureresistant coating co-extruded over
characteristic (1) of either polyamide, crosslinked polyethylene, or silicone rubber
material which meets the following
standards: (a) Vicat A temperature threshold
of >140 degrees Celsius, (b) flammability
requirements of UL 94V–0, and (c) a
minimum coating thickness of 0.10 mm and
maximum coating thickness of 2.0 mm, with
a maximum thickness tolerance of +/– 0.20
mm, (4) characteristic 3 may or may not be
encapsulated with a ‘‘Precision Drawn
Tubing,’’ wall thicknesses less than 1.2mm,
which is mechanically fixed in place, and (5)
packaged in straight lengths, bent or formed
and/or attached to hardware.
Also excluded from the scope are extruded
tubing and drawn over a ID plug and through
a OD die made from an aluminum alloy with
the Aluminum Association series designation
commencing with the number 3, 5, or 6 (or
proprietary equivalents or other certifying
body equivalents), including variants on
individual alloying elements not to
circumvent the other Aluminum Association
series designations, which meet each of the
following characteristics: (1) an outside mean
diameter no greater than 30 mm with a
tolerance less than or equal to +/– 0.10 mm,
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80471
(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 800 mm, and (3) aluminum trim
width of not more than 40 mm. 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
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80472
Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Notices
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
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;
VerDate Sep<11>2014
17:59 Oct 02, 2024
Jkt 265001
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. Calculation of the All-Others Rate
IV. Diversification of Türkiye’s Economy
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and
Application of Adverse Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Exemption of
Exchange Tax for Foreign Exchange
Transactions Is Countervailable
Comment 2: Whether Assigning an AFA
Rate to Alkor and PMS Is Appropriate
Comment 3: Whether Commerce’s AFA
Rate Is Unduly Punitive
Comment 4: Appropriate Benefit
Calculation for Sistem’s Rediscount
Loans
Comment 5: Whether Sistem’s Reporting of
its TUBITAK Grants Was Reasonable
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Comment 6: Whether Commerce Should
Determine That Erdoganlar and Sistem
Benefited From the Provision of Natural
Gas for LTAR
Comment 7: Whether Commerce Performed
its Statutory Obligation of Verifying All
Information Used in Making a
Determination in This Investigation
IX. Recommendation
[FR Doc. 2024–22789 Filed 10–2–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–810]
Aluminum Extrusions From the United
Arab Emirates: Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of aluminum extrusions from
the United Arab Emirates 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:
Jinny Ahn or John K. Drury at (202)
482–0339 and (202) 482–0195,
respectively, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 7, 2024, Commerce published
in the Federal Register its preliminary
affirmative determination in the LTFV
investigation of aluminum extrusions
from the United Arab Emirates.1 We
invited interested parties to comment on
the Preliminary Determination.2 On
May 13, 2024, Commerce received
ministerial error comments from
respondent Gulf Extrusions LLC/
Automotive Precision Technology
1 See Aluminum Extrusions from the United Arab
Emirates: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 89 FR 38090 (May 7, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum (PDM).
2 Id.
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Agencies
[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80468-80472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22789]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-489-851]
Aluminum Extrusions From the Republic of T[uuml]rkiye: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of aluminum extrusions from the Republic of T[uuml]rkiye
(T[uuml]rkiye). 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:
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.
---------------------------------------------------------------------------
\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 T[uuml]rkiye,'' dated May
3, 2024.
\3\ See Aluminum Extrusions from the People's Republic of China,
Indonesia, Mexico, and the Republic of T[uuml]rkiye: Amended
Preliminary Countervailing Duty Determinations, 89 FR 45634 (May 23,
2024).
\4\ 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.\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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination in the Countervailing Duty Investigation
of Aluminum Extrusions from the Republic of T[uuml]rkiye,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from T[uuml]rkiye. 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 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.\7\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ See Preliminary Determination PDM at 11-19.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\10\ See Memoranda, ``Verification of the Questionnaire
Responses of Erdo[gbreve]anlar Al[uuml]minyum 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.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we
[[Page 80469]]
made certain changes to the subsidy rate calculations for Erdoganlar
and Sistem. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually examined, excluding any rates that are zero, de
minimis, or rates based entirely under section 776 of the Act.
Commerce continues to calculate a de minimis rate for Sistem.
Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the rate calculated for
Erdoganlar. Consequently, the estimated weighted-average rate
calculated for Erdoganlar is the rate assigned to all other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Erdoganlar Aluminyum San. ve Tic. A.S............... 1.44
Sistem Aluminyum Sanayi ve Ticaret A.S.............. 0.83 (de minimis)
Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret * 147.53
Anonim Sirketi.....................................
Ayde Aluminyum LTD. STI............................. * 147.53
P.M.S. Aluminyum Sanayi ve Ticaret A.S.............. * 147.53
Tuna Aluminium Ltd.................................. * 147.53
Uluson Aluminum..................................... * 147.53
All Others.......................................... 1.44
------------------------------------------------------------------------
* Rate is based on AFA.
Disclosure
Commerce intends to disclose to interested parties the calculations
and analysis performed in this final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of the publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination, pursuant to sections
703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise, as described in the scope of the investigation
section, that was entered or withdrawn from warehouse for consumption
on or after March 11, 2024, the date of publication of the Preliminary
Determination in the Federal Register, except for Sistem because its
preliminary subsidy rate was de minimis. In accordance with section
703(d) of the Act, we instructed CBP to discontinue the suspension of
liquidation of all entries of subject merchandise entered or withdrawn
from warehouse on, or after, July 9, 2024, but to continue the
suspension of liquidation of all entries of subject merchandise between
March 11, 2024, and July 8, 2024. Because the subsidy rate for Sistem
was de minimis, Commerce directed CBP not to suspend liquidation of
entries of the merchandise from this company.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for entries of subject merchandise in the amounts indicated above,
other than those produced and exported by Sistem because its subsidy
rate is de mininis. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited or securities posted as
a result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of aluminum
extrusions from T[uuml]rkiye. Because the final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
make its final determination as to whether the domestic industry in the
United States is materially injured, or threatened with material
injury, by reason of imports of aluminum extrusions from T[uuml]rkiye
no later than 45 days after our final determination. In addition, we
are making available to the ITC all non-privileged and nonproprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated, and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue a countervailing duty order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise, other
than those produced and exported by Sistem because its subsidy rate is
de minimis, that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act, and 19 CFR 351.210(c).
[[Page 80470]]
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 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.
[[Page 80471]]
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 800 mm, and (3) aluminum trim
width of not more than 40 mm. 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
[[Page 80472]]
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. Calculation of the All-Others Rate
IV. Diversification of T[uuml]rkiye's Economy
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the Exemption of Exchange Tax for Foreign
Exchange Transactions Is Countervailable
Comment 2: Whether Assigning an AFA Rate to Alkor and PMS Is
Appropriate
Comment 3: Whether Commerce's AFA Rate Is Unduly Punitive
Comment 4: Appropriate Benefit Calculation for Sistem's
Rediscount Loans
Comment 5: Whether Sistem's Reporting of its TUBITAK Grants Was
Reasonable
Comment 6: Whether Commerce Should Determine That Erdoganlar and
Sistem Benefited From the Provision of Natural Gas for LTAR
Comment 7: Whether Commerce Performed its Statutory Obligation
of Verifying All Information Used in Making a Determination in This
Investigation
IX. Recommendation
[FR Doc. 2024-22789 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P