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, 80472-80477 [2024-22790]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80472-80477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22790]


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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

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 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:

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

[[Page 80473]]

(APT)-Sole Proprietorship LLC \3\ (collectively, Gulfex).\4\ On May 28, 
2024, Commerce published in the Federal Register its preliminary 
affirmative determination, in part, of critical circumstances.\5\ On 
May 31, 2024, Commerce issued its analysis of Gulfex's ministerial 
error allegations.\6\ On July 22, 2024, Commerce tolled certain 
deadlines in this administrative proceeding by seven days.\7\ The 
deadline for the final determination is now September 26, 2024.
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    \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.
    \3\ As explained in the Preliminary Determination, based on the 
record information, Commerce preliminarily determined that Gulf 
Extrusions LLC and a non-selected respondent, Automotive Precision 
Technology (APT)-Sole Proprietorship LLC, are affiliated within the 
meaning of section 771(33)(F) of the Tariff Act of 1930, as amended 
(the Act) and should be treated as a single entity pursuant to 19 
CFR 351.401(f) for the preliminary determination. See Preliminary 
Determination PDM; see also Memorandum, ``Preliminary Collapsing 
Memorandum for Gulf Extrusions LLC and Automotive Precision 
Technology--Sole Proprietorship LLC,'' dated May 1, 2024. We 
received no comments with respect to our preliminary determination 
to collapse these two companies. Therefore, we find that Gulf 
Extrusions LLC and Automotive Precision Technology (APT)-Sole 
Proprietorship LLC are affiliated within the meaning of section 
771(33)(F) of the Act.
    \4\ See Letter, ``Gulfex Ministerial Error Comments,'' dated May 
13, 2024.
    \5\ See Aluminum Extrusions from the United Arab Emirates: 
Preliminary Affirmative Determination of Critical Circumstances, in 
Part, in the Less-Than-Fair Value Investigation, 89 FR 46057 (May 
28, 2024).
    \6\ See Memorandum, ``Allegation of Ministerial Errors in the 
Preliminary Determination,'' dated May 31, 2024.
    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\8\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \8\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination of Sales at Less Than Fair Value in the 
Investigation of Aluminum Extrusions from the United Arab 
Emirates,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum extrusions 
from the United Arab Emirates. 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 the 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.\9\ 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.\10\
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    \9\ 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).
    \10\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice.
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Verification

    Commerce verified the sales and cost information submitted by 
Gulfex \11\ and by OSE Industries LLC (OSE) \12\ for use in our final 
determination, consistent with section 782(i) of the Act. We used 
standard verification procedures, including an examination of relevant 
sales and accounting records, and original source documents provided by 
both Gulfex and OSE.
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    \11\ See Memorandum, ``Verification of the Sales Responses of 
Gulf Extrusions LLC and Automotive Precision Technology--Sole 
Proprietorship LLC,'' dated August 20, 2024; and Memorandum, 
``Verification of the Cost Responses of Gulf Extrusions LLC--Dubai 
in the Antidumping Duty Investigation of Certain Aluminum Extrusions 
from the United Arab Emirates,'' dated August 23, 2024.
    \12\ See Memorandum, ``Verification of the Sales Response of OSE 
Industries LLC,'' dated August 21, 2024; and Memorandum, 
``Verification of the Cost Response of OSE Industries LLC in the 
Antidumping Duty Investigation of Aluminum Extrusions from the 
United Arab Emirates,'' dated August 23, 2024.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

Changes Since the Preliminary Determination

    Based on our review and analysis of the information at verification 
and comments received from interested parties, we made certain changes 
regarding Gulfex's and OSE's reported sales and cost data since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum.

Use of Adverse Facts Available

    As discussed in the Preliminary Determination, the following 
companies failed to respond to Commerce's quantity and value 
questionnaire: Al Buraq Trading & Enterprises, Co. (Al Buraq), Al Hamad 
Industrial Co., LLC (Al Hamad), Al Jaber Aluminium Extrusions, LLC (Al 
Jaber), Aluminum Products Co. (APC), Arabian Extrusions Factory 
(Arabian Extrusions), Emirates Extrusion Factory, LLC (Emirates 
Extrusion), Taweelah Aluminium Extrusion Co. (Taweelah), and White 
Aluminum Extrusions, LLC (White Aluminum). Consequently, for the 
Preliminary Determination, we determined that it was appropriate to 
apply adverse facts available (AFA) pursuant to sections 776(a)(1), 
776(a)(2)(A)-(C), and 776(b) of the Act, with respect to Al Buraq, Al 
Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, 
and White Aluminum.\13\ Absent comments regarding the application of 
AFA, we continue to assign the estimated weighted average dumping 
margin, the highest dumping margin alleged in the petition, 42.29 
percent ad valorem, for these companies on the basis of AFA, pursuant 
to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.\14\
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    \13\ See Preliminary Determination PDM at 8-9.
    \14\ Id.
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Final Determination of Critical Circumstances

    Commerce preliminarily determined that critical circumstances do 
not exist with respect to imports of aluminum extrusions from Gulfex, 
OSE, and producers/importers of subject merchandise from the UAE other 
than Al Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates 
Extrusion, Taweelah, and White Aluminum (i.e., all-other UAE exporters/
producers) but determined that critical circumstances exist with 
respect to various companies which were assigned a rate based on total 
adverse facts available.\15\ We have

[[Page 80474]]

not modified our critical circumstances finding for any entity in the 
final. Thus, pursuant to section 735(a)(3) of the Act, we find that 
critical circumstances do not exist with respect to Gulfex, OSE, and 
all other UAE exporters/producers but do exist with respect to Al 
Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, 
Taweelah, and White Aluminum concerning imports of aluminum extrusions 
from the UAE. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.
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    \15\ The companies are Al Buraq, Al Hamad, Al Jaber, APC, 
Arabian Extrusions, Emirates Extrusion, Taweelah, and White 
Aluminum. See Preliminary Determination PDM at 6.
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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 both Gulfex and OSE that are not 
zero, de minimis, or based entirely on facts otherwise available. 
Consequently, pursuant to section 735(c)(5)(A) of the Act, we 
calculated the all-others rate using a weighted average of the 
estimated weighted-average dumping margins calculated for Gulfex and 
OSE using each company's publicly ranged values for the merchandise 
under consideration.\16\
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    \16\ With two respondents under 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 Decisions 
Memorandum at Comment 1. As complete publicly ranged sales data were 
available, Commerce based the all-others rate on the publicly ranged 
sales data of the mandatory respondents. For a complete analysis of 
the data, see the All-Others Rate Calculation Memorandum.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period, October 1, 2022, through 
September 30, 2023:\17\
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    \17\ As explained in the Issues and Decision Memorandum, 
Commerce determines that Gulf Extrusions LLC and a non-selected 
respondent, Automotive Precision Technology LLC, are affiliated 
within the meaning of section 771(33)(F) of the Act and should be 
treated as a single entity pursuant to 19 CFR 351.401(f). See Issues 
and Decision Memorandum.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                 margin
                                                               (percent)
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OSE Industries LLC...........................................      12.65
Gulf Extrusions LLC/Automotive Precision Technology (APT)--         7.14
 Sole Proprietorship LLC.....................................
Al Buraq Trading & Enterprises, Co...........................     *42.29
Al Hamad Industrial Co., LLC.................................     *42.29
Al Jaber Aluminium Extrusions, LLC...........................     *42.29
Aluminum Products Co.........................................     *42.29
Arabian Extrusions Factory...................................     *42.29
Emirates Extrusion Factory, LLC..............................     *42.29
Taweelah Aluminium Extrusion Co..............................     *42.29
White Aluminum Extrusions, LLC...............................     *42.29
All Others...................................................      10.48
------------------------------------------------------------------------
* Rates based on AFA.

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)(4) of the Act, because Commerce 
continues to find that critical circumstances exist for Al Buraq, Al 
Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, 
and White Aluminum, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of subject merchandise, as 
described in Appendix I of this notice, produced and/or exported by Al 
Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, 
Taweelah, and White Aluminum entered, or withdrawn from warehouse, for 
consumption, on or after February 7, 2024, which is 90 days prior to 
the date of publication of the Preliminary Determination.
    For Gulfex, OSE, and all other UAE exporters/producers, in 
accordance with section 735(c)(1)(B) of the Act, Commerce will instruct 
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.

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 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

[[Page 80475]]

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 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

[[Page 80476]]

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 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

[[Page 80477]]

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. Final Affirmative Determination of Critical Circumstances, In 
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Use the Gross Unit Price 
Reported on Gulfex Invoices
    Comment 2: Whether Commerce Should Use Gulfex's Reported 
Subassemblies in the Less-Than-Fair-Value Calculation
    Comment 3: Whether to Correct Certain Ministerial Errors for 
Gulfex
    Comment 4: Whether Commerce should Apply the Cohen's d Test to 
Gulfex's U.S. Sales
    Comment 5: Whether to Use the Reported Cost of Manufacture for 
GEX-1
    Comment 6: Whether Commerce Should Disallow Certain Cost Offsets 
for GEX-2 and APT
    Comment 7: Whether Commerce Should Exclude Certain Costs 
Reported by APT
    Comment 8: Whether Commerce Should Apply Adverse Facts Available 
to OSE with Respect to Reported Direct Material Costs
VI. Recommendation

[FR Doc. 2024-22790 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P