Aluminum Extrusions From the Socialist Republic of Vietnam: Amended Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 85510-85512 [2024-25012]
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85510
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
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: October 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
lotter on DSK11XQN23PROD with NOTICES1
Appendix I
Scope of the Investigation
The scope of this investigation includes
certain frozen warmwater shrimp and prawns
whether wild-caught (ocean harvested) or
farm-raised (produced by aquaculture), headon or head-off, shell-on or peeled, tail-on or
tail-off, deveined or not deveined, cooked or
raw, or otherwise processed in frozen form.
‘‘Tails’’ in this context means the tail fan,
which includes the telson and the uropods.
The frozen warmwater shrimp and prawn
products included in the scope, regardless of
definitions in the Harmonized Tariff
Schedule of the United States (HTSUS), are
products which are processed from
warmwater shrimp and prawns through
freezing and which are sold in any count
size.
The products described above may be
processed from any species of warmwater
shrimp and prawns. Warmwater shrimp and
prawns are generally classified in, but are not
limited to, the Penaeidae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, whiteleg shrimp (Penaeus
vannemei), banana prawn (Penaeus
merguiensis), fleshy prawn (Penaeus
chinensis), giant river prawn
(Macrobrachium rosenbergii), giant tiger
prawn (Penaeus monodon), redspotted
shrimp (Penaeus brasiliensis), southern
brown shrimp (Penaeus subtilis), southern
pink shrimp (Penaeus notialis), southern
rough shrimp (Trachypenaeus curvirostris),
southern white shrimp (Penaeus schmitti),
blue shrimp (Penaeus stylirostris), western
white shrimp (Penaeus occidentalis), and
Indian white prawn (Penaeus indicus).
Frozen shrimp and prawns that are packed
with marinade, spices or sauce are included
in the scope. In addition, food preparations,
which are not ‘‘prepared meals,’’ that contain
more than 20 percent by weight of shrimp or
prawn are also included in the scope.
Excluded from the scope are: (1) breaded
shrimp and prawns (HTSUS subheading
1605.21.1020); (2) shrimp and prawns
generally classified in the Pandalidae family
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Jkt 265001
and commonly referred to as coldwater
shrimp, in any state of processing; (3) fresh
shrimp and prawns whether shell-on or
peeled (HTSUS subheadings 0306.36.0020
and 0306.36.0040); (4) shrimp and prawns in
prepared meals (HTSUS subheadings
1605.21.0500 and 1605.29.0500); (5) dried
shrimp and prawns; (6) canned warmwater
shrimp and prawns (HTSUS subheading
1605.29.1040); and (7) certain battered
shrimp. Battered shrimp is a shrimp-based
product: (1) that is produced from fresh (or
thawed-from-frozen) and peeled shrimp; (2)
to which a ‘‘dusting’’ layer of rice or wheat
flour of at least 95 percent purity has been
applied; (3) with the entire surface of the
shrimp flesh thoroughly and evenly coated
with the flour; (4) with the non-shrimp
content of the end product constituting
between four and ten percent of the product’s
total weight after being dusted, but prior to
being frozen; and (5) that is subjected to
individually quick frozen (IQF) freezing
immediately after application of the dusting
layer. When dusted in accordance with the
definition of dusting above, the battered
shrimp product is also coated with a wet
viscous layer containing egg and/or milk, and
par-fried.
The products covered by the scope are
currently classified under the following
HTSUS subheadings: 0306.17.0004,
0306.17.0005, 0306.17.0007, 0306.17.0008,
0306.17.0010, 0306.17.0011, 0306.17.0013,
0306.17.0014, 0306.17.0016, 0306.17.0017,
0306.17.0019, 0306.17.0020, 0306.17.0022,
0306.17.0023, 0306.17.0025, 0306.17.0026,
0306.17.0028, 0306.17.0029, 0306.17.0041,
0306.17.0042, 1605.21.1030, and
1605.29.1010. These HTSUS subheadings are
provided for convenience and for customs
purposes only and are not dispositive, but
rather the written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary
Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should
Revise SONGA’s Cost Adjustment for Its
Purchases of Raw Shrimp From
Affiliated Suppliers
Comment 2: Whether Commerce Should
Recalculate SONGA’s Reported Financial
Expenses
Comment 3: Whether Revisions are
Warranted to SONGA’s Reported Indirect
Selling Expenses
Comment 4: Whether Commerce Should
Continue To Offset G&A Expenses by the
Amount of Scrap Sales Revenue
Comment 5: Whether Commerce Should
Revise SONGA’s Per-Unit Costs for the
Additional Wrapping and Finger-Laying
Processes
Comment 6: Whether Commerce Should
Compare U.S. Sales of Broken Shrimp to
Constructed Value
Comment 7: Treatment of Clerical Errors in
SONGA’s Preliminary Margin
Calculation
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
Comment 8: Inclusion of SONGA’s Revised
Sales and Cost Databases
Comment 9: Treatment of SONGA’s
Reported U.S. Customs Duty and
Brokerage and Handling Expenses
Comment 10: Treatment of Export
Subsidies for Santa Priscila and SONGA
Comment 11: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Santa Priscila for its Misrepresentation of
its Payment Dates and its Failure To
Report All Expenses
Comment 12: Whether Commerce Should
Apply AFA to Santa Priscila’s Credit
Expenses, Other Discounts and Bank
Charges.
Comment 13: Whether Commerce Should
Apply the Market Price Adjustment to all
Santa Priscila Raw Shrimp Purchases
Comment 14: Whether Commerce Should
Reject Santa Priscila’s Claimed Scrap
Offset
Comment 15: Treatment of Santa Priscila’s
Return Expenses
Comment 16: Whether Commerce Should
Incorporate Santa Priscila’s Cost
Verification Minor Corrections
Comment 17: Treatment of Clerical Errors
in Santa Priscila’s Preliminary Margin
Calculation
V. Recommendation
[FR Doc. 2024–24958 Filed 10–25–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–837]
Aluminum Extrusions From the
Socialist Republic of Vietnam:
Amended Final Affirmative
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The U.S. Department of
Commerce (Commerce) is amending its
final affirmative determination in the
less than fair value (LTFV) investigation
of aluminum extrusions from the
Socialist Republic of Vietnam (Vietnam)
to correct ministerial errors. The period
of investigation is April 1, 2023, through
September 30, 2023.
SUMMARY:
DATES:
Applicable October 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2972.
SUPPLEMENTARY INFORMATION:
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85511
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
Background
On October 3, 2024, Commerce
published in the Federal Register its
final affirmative determination of sales
at LTFV and final affirmative
determination of critical circumstances,
in part, in the investigation of
aluminum extrusions from Vietnam.1
Also on October 3, 2024, the petitioners
submitted a timely allegation that
Commerce made ministerial errors in
the Final Determination.2 No other
interested party filed an allegation of a
ministerial error or submitted a rebuttal
to the petitioners’ ministerial error
allegation. We agree that we made
ministerial errors in the Final
Determination, and we are amending
the weighted-average dumping margin
for East Asia Aluminum Company
Limited (East Asia) and the nonindividually examined separate rate
companies. Additionally, due to our
revision of the weighted-average
dumping margins, we are amending our
final determination of critical
circumstances with respect to these
companies.
Scope of the Investigation
The product covered by this
investigation is aluminum extrusions
from Vietnam. For a complete
description of the scope of this
investigation, see Final Determination.3
Amendment to the Final Determination
Commerce reviewed the record, and
we agree that the errors alleged by the
petitioners constitute ministerial errors
within the meaning of section 735(e) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.224(f).4
Specifically, we find that we made
inadvertent errors in valuing East Asia’s
ocean freight and marine insurance
expenses. Pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Determination to reflect the
correction of the ministerial errors, as
described in the Ministerial Error
Memorandum.5 Based on the
Amendment to the Final Determination
of Critical Circumstances, in Part
In the Final Determination, we found
that critical circumstances exist with
respect to the Vietnam-wide entity, but
critical circumstances do not exist for
imports of aluminum extrusions from
Vietnam with respect to East Asia and
the non-individually examined separate
rate companies, pursuant to sections
735(a)(3)(A) and (B) of the Act, and 19
CFR 351.206.6 As a result of our
amended final determination, we now
find that importers of aluminum
extrusions exported by East Asia and
the non-individually examined separate
rate companies knew or should have
known that the exporter was selling the
subject merchandise at less than its fair
value and that there would be material
injury by reason of such sales, pursuant
to section 735(a)(3)(A)(ii) of the Act, and
these imports of subject merchandise
were massive over a relatively short
period, pursuant to section 735(a)(3)(B).
Accordingly, we are amending our Final
Determination to find that critical
circumstances do exist with respect to
East Asia and the non-individually
examined separate rate companies. For
further discussion, see Ministerial Error
Memorandum.
Amended Final Determination
The amended final estimated
weighted-average dumping margins are
as follows:
Exporter
Producer
East Asia Aluminum Company Limited.
Austdoor
Group Joint
Stock Company.
BKQ Manufacturing and
Trading
Company
Limited.
East Asia Aluminum Company Limited.
Austdoor
Group Joint
Stock Company.
Fravi Vietnam
Group Joint
Stock Company.
1 See
lotter on DSK11XQN23PROD with NOTICES1
Aluminum Extrusions from the Socialist
Republic of Vietnam: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, in Part, 89 FR 80530 (October 3,
2024) (Final Determination), and accompanying
Issues and Decision Memorandum (IDM).
2 See Petitioners’ Letter, ‘‘Ministerial Error
Allegation,’’ dated October 3, 2024. The petitioners
are U.S. Aluminum Extruders Coalition and the
United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and
Service Workers International Union.
3 See Final Determination, 89 FR at 80533.
4 See Memorandum, ‘‘Analysis of Ministerial
Error Allegation,’’ dated concurrently with this
Federal Register notice (Ministerial Error
Memorandum).
5 Id.
corrections, East Asia’s final dumping
margin changed from 14.15 percent to
16.02 percent. As a result, we are also
revising the rate assigned to the nonindividually examined separate rate
companies from 14.15 percent to 16.02
percent. The amended estimated
weighted-average dumping margins are
listed in the ‘‘Amended Final
Determination’’ section below.
VerDate Sep<11>2014
19:13 Oct 25, 2024
Jkt 265001
6 See
PO 00000
Weightedaverage
dumping
margin
(percent)
16.02
16.02
16.02
Final Determination, 89 FR at 80531.
Frm 00024
Fmt 4703
Sfmt 4703
Exporter
Viet Nam
Chuangxing
Aluminium
Company
Limited.
Do Thanh Aluminium Joint
Stock Company.
Ha Noi DST
Joint Stock
Company.
Euroha Joint
Stock Company.
Fravi Viet Nam
Group Joint
Stock Company.
Gold Well Co.,
Ltd.
Hong Xin Co.,
Ltd.
Producer
Vietnam
Yongxing
Aluminium
Industry Co.,
Ltd.
Do Thanh Aluminium Joint
Stock Company.
Ha Noi DST
Joint Stock
Company.
Euroha Joint
Stock Company.
Fravi Viet Nam
Group Joint
Stock Company.
Gold Well Co.,
Ltd.
Vietnam
Yongxing
Aluminium
Industry Co.,
LTD.
Hyundai AluHyundai Aluminum Vina
minum Vina
Shareholding
ShareholdinCompany.
g Company.
KIMSEN Indus- KIMSEN Intrial Corporadustrial Cortion.
poration.
Mien Hua Pre- Mien Hua Precision Mecision Mechanical Co.,
chanical
Ltd.
Co., Ltd.
Ngoc Diep Alu- Ngoc Diep
minium Joint
Aluminium
Stock ComJoint Stock
pany.
Company.
Nhon Trach
Nhon Trach
Branch of
Branch of
Tung Kuang
Tung Kuang
Industrial
Industrial
Joint Stock
Joint Stock
Company.
Company.
Northstar PreNorthstar Precision (Vietcision (Vietnam) Co.,
nam) Co.,
Ltd.
Ltd.
Sapa Ben
Sapa Ben
Thanh AluThanh Aluminium Prominium Profiles, Co., Ltd.
files, Co.,
Ltd.
Song Hong
Song Hong
Aluminum
Aluminum
Shalumi
Shalumi
Group Joint
Group Joint
Stock ComStock Company.
pany.
Shinyang Metal Shinyang
Korea Co.,
Metal Korea
Ltd.
Co., Ltd.
Shinyang Metal Shinyang
Vietnam Co.,
Metal VietLtd.
nam Co.,
Ltd.
E:\FR\FM\28OCN1.SGM
28OCN1
Weightedaverage
dumping
margin
(percent)
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
16.02
85512
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
Exporter
Producer
Tan A Aluminum Company Limited.
Tin An Investment Production Trading Joint
Stock Company.
Tin An Investment Production Trading Joint
Stock Company.
Tin Kim Plastic
Joint Stock
Company.
Tin Kim Plastic
Joint Stock
Company.
Tung Kuang Industrial Joint
Stock Company.
Tung Shin Industrial Co.,
Ltd.
Vietnam Beta
Aluminum
Company
Limited.
Vietnam
Yongxing
Aluminium
Industry Co.,
Ltd.
liquidation instructions will remain in
effect until further notice.
In accordance with section 735(c)(4)
of the Act, because Commerce now
finds that critical circumstances exist
16.02 for East Asia and the non-individually
examined separate rate companies,
16.02 Commerce intends to instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of
subject merchandise from these
companies that were entered, or
withdrawn from warehouse for
16.02
consumption on or after February 7,
2024, which is 90 days before the
publication of the Preliminary
Determination 7 in the Federal Register.
Weightedaverage
dumping
margin
(percent)
Tan A Aluminum Company Limited.
Austdoor
Group Joint
Stock Company.
Viet Phap Aluminium Factory—Viet
Phap Shal
Aluminium
Joint Stock
Company.
Austdoor
Group Joint
Stock Company.
Viet Phap Aluminium Factory—Viet
Phap Shal
Aluminium
Joint Stock
Company.
Tung Kuang
Industrial
Joint Stock
Company.
Tung Shin Industrial Co.,
Ltd.
Vietnam Beta
Aluminum
Company
Limited.
Vietnam
Yongxing
Aluminium
Industry Co.,
Ltd.
16.02
16.02
16.02
16.02
16.02
16.02
lotter on DSK11XQN23PROD with NOTICES1
Disclosure
Commerce intends to disclose the
calculations performed in this amended
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).
Amended Cash Deposits and
Continuation of Suspension of
Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended final
determination, in accordance with
section 735(c)(1)(B) of the Act. These
rates will be effective on the date of
publication of this notice in the Federal
Register. These suspension of
VerDate Sep<11>2014
19:13 Oct 25, 2024
Jkt 265001
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
International Trade Commission (ITC) of
our amended final affirmative
determination of sales at LTFV. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded or
canceled, 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 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 ‘‘Amended Cash
Deposits and Continuation of
Suspension of Liquidation’’ section.
Notification to Interested Parties
This amended final determination
and notice are issued and published
pursuant to sections 735(d) and 777(i)(1)
of the Act, and 19 CFR 351.210(c).
Dated: October 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2024–25012 Filed 10–25–24; 8:45 am]
BILLING CODE 3510–DS–P
7 See Aluminum Extrusions from the Socialist
Republic of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and
Extension of Provisional Measures, 89 FR 38075
(May 7, 2024).
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
DEPARTMENT OF COMMERCE
International Trade Administration
[C–560–843]
Frozen Warmwater Shrimp From
Indonesia: Final Negative
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 not being
provided to producers and exporters of
frozen warmwater shrimp (shrimp) from
Indonesia. The period of investigation is
January 1, 2022, through December 31,
2022.
DATES: Applicable October 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Kelsie Hohenberger, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–2517.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 1, 2024, Commerce
published its Preliminary Determination
in the Federal Register and invited
interested parties to comment.1 In the
Preliminary Determination, and in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.210(b)(4), Commerce
aligned this final countervailing duty
(CVD) determination with the final
antidumping duty (AD) determinations
of frozen warmwater shrimp from
Ecuador and Indonesia.2 On July 22,
2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.3 The
deadline for the final determination is
now October 21, 2024.
A summary of the events that
occurred since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.4 The Issues and Decision
1 See Frozen Warmwater Shrimp from Indonesia:
Preliminary Negative Countervailing Duty
Determination, and Alignment of Final
Determination With the Final Antidumping Duty
Determination, 89 FR 22383 (April 1, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 Id., 89 FR 22384.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Negative Determination
in the Countervailing Duty Investigation of Frozen
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]]>Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85510-85512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25012]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-837]
Aluminum Extrusions From the Socialist Republic of Vietnam:
Amended Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
final affirmative determination in the less than fair value (LTFV)
investigation of aluminum extrusions from the Socialist Republic of
Vietnam (Vietnam) to correct ministerial errors. The period of
investigation is April 1, 2023, through September 30, 2023.
DATES: Applicable October 28, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
[[Page 85511]]
Background
On October 3, 2024, Commerce published in the Federal Register its
final affirmative determination of sales at LTFV and final affirmative
determination of critical circumstances, in part, in the investigation
of aluminum extrusions from Vietnam.\1\ Also on October 3, 2024, the
petitioners submitted a timely allegation that Commerce made
ministerial errors in the Final Determination.\2\ No other interested
party filed an allegation of a ministerial error or submitted a
rebuttal to the petitioners' ministerial error allegation. We agree
that we made ministerial errors in the Final Determination, and we are
amending the weighted-average dumping margin for East Asia Aluminum
Company Limited (East Asia) and the non-individually examined separate
rate companies. Additionally, due to our revision of the weighted-
average dumping margins, we are amending our final determination of
critical circumstances with respect to these companies.
---------------------------------------------------------------------------
\1\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 89 FR 80530 (October 3, 2024) (Final Determination), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Petitioners' Letter, ``Ministerial Error Allegation,''
dated October 3, 2024. The petitioners are U.S. Aluminum Extruders
Coalition and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aluminum extrusions
from Vietnam. For a complete description of the scope of this
investigation, see Final Determination.\3\
---------------------------------------------------------------------------
\3\ See Final Determination, 89 FR at 80533.
---------------------------------------------------------------------------
Amendment to the Final Determination
Commerce reviewed the record, and we agree that the errors alleged
by the petitioners constitute ministerial errors within the meaning of
section 735(e) of the Tariff Act of 1930, as amended (the Act) and 19
CFR 351.224(f).\4\ Specifically, we find that we made inadvertent
errors in valuing East Asia's ocean freight and marine insurance
expenses. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Determination to reflect the correction of the ministerial errors, as
described in the Ministerial Error Memorandum.\5\ Based on the
corrections, East Asia's final dumping margin changed from 14.15
percent to 16.02 percent. As a result, we are also revising the rate
assigned to the non-individually examined separate rate companies from
14.15 percent to 16.02 percent. The amended estimated weighted-average
dumping margins are listed in the ``Amended Final Determination''
section below.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this Federal Register notice
(Ministerial Error Memorandum).
\5\ Id.
---------------------------------------------------------------------------
Amendment to the Final Determination of Critical Circumstances, in Part
In the Final Determination, we found that critical circumstances
exist with respect to the Vietnam-wide entity, but critical
circumstances do not exist for imports of aluminum extrusions from
Vietnam with respect to East Asia and the non-individually examined
separate rate companies, pursuant to sections 735(a)(3)(A) and (B) of
the Act, and 19 CFR 351.206.\6\ As a result of our amended final
determination, we now find that importers of aluminum extrusions
exported by East Asia and the non-individually examined separate rate
companies knew or should have known that the exporter was selling the
subject merchandise at less than its fair value and that there would be
material injury by reason of such sales, pursuant to section
735(a)(3)(A)(ii) of the Act, and these imports of subject merchandise
were massive over a relatively short period, pursuant to section
735(a)(3)(B). Accordingly, we are amending our Final Determination to
find that critical circumstances do exist with respect to East Asia and
the non-individually examined separate rate companies. For further
discussion, see Ministerial Error Memorandum.
---------------------------------------------------------------------------
\6\ See Final Determination, 89 FR at 80531.
---------------------------------------------------------------------------
Amended Final Determination
The amended final estimated weighted-average dumping margins are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
East Asia Aluminum Company Limited.. East Asia Aluminum 16.02
Company Limited.
Austdoor Group Joint Stock Company.. Austdoor Group Joint 16.02
Stock Company.
BKQ Manufacturing and Trading Fravi Vietnam Group 16.02
Company Limited. Joint Stock Company.
Viet Nam Chuangxing Aluminium Vietnam Yongxing 16.02
Company Limited. Aluminium Industry
Co., Ltd.
Do Thanh Aluminium Joint Stock Do Thanh Aluminium 16.02
Company. Joint Stock Company.
Ha Noi DST Joint Stock Company...... Ha Noi DST Joint Stock 16.02
Company.
Euroha Joint Stock Company.......... Euroha Joint Stock 16.02
Company.
Fravi Viet Nam Group Joint Stock Fravi Viet Nam Group 16.02
Company. Joint Stock Company.
Gold Well Co., Ltd.................. Gold Well Co., Ltd.... 16.02
Hong Xin Co., Ltd................... Vietnam Yongxing 16.02
Aluminium Industry
Co., LTD.
Hyundai Aluminum Vina Shareholding Hyundai Aluminum Vina 16.02
Company. Shareholding Company.
KIMSEN Industrial Corporation....... KIMSEN Industrial 16.02
Corporation.
Mien Hua Precision Mechanical Co., Mien Hua Precision 16.02
Ltd. Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock Ngoc Diep Aluminium 16.02
Company. Joint Stock Company.
Nhon Trach Branch of Tung Kuang Nhon Trach Branch of 16.02
Industrial Joint Stock Company. Tung Kuang Industrial
Joint Stock Company.
Northstar Precision (Vietnam) Co., Northstar Precision 16.02
Ltd. (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium Profiles, Sapa Ben Thanh 16.02
Co., Ltd. Aluminium Profiles,
Co., Ltd.
Song Hong Aluminum Shalumi Group Song Hong Aluminum 16.02
Joint Stock Company. Shalumi Group Joint
Stock Company.
Shinyang Metal Korea Co., Ltd....... Shinyang Metal Korea 16.02
Co., Ltd.
Shinyang Metal Vietnam Co., Ltd..... Shinyang Metal Vietnam 16.02
Co., Ltd.
[[Page 85512]]
Tan A Aluminum Company Limited...... Tan A Aluminum Company 16.02
Limited.
Tin An Investment Production Trading Austdoor Group Joint 16.02
Joint Stock Company. Stock Company.
Tin An Investment Production Trading Viet Phap Aluminium 16.02
Joint Stock Company. Factory--Viet Phap
Shal Aluminium Joint
Stock Company.
Tin Kim Plastic Joint Stock Company. Austdoor Group Joint 16.02
Stock Company.
Tin Kim Plastic Joint Stock Company. Viet Phap Aluminium 16.02
Factory--Viet Phap
Shal Aluminium Joint
Stock Company.
Tung Kuang Industrial Joint Stock Tung Kuang Industrial 16.02
Company. Joint Stock Company.
Tung Shin Industrial Co., Ltd....... Tung Shin Industrial 16.02
Co., Ltd.
Vietnam Beta Aluminum Company Vietnam Beta Aluminum 16.02
Limited. Company Limited.
Vietnam Yongxing Aluminium Industry Vietnam Yongxing 16.02
Co., Ltd. Aluminium Industry
Co., Ltd.
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Disclosure
Commerce intends to disclose the calculations performed in this
amended 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).
Amended Cash Deposits and Continuation of Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended final
determination, in accordance with section 735(c)(1)(B) of the Act.
These rates will be effective on the date of publication of this notice
in the Federal Register. These suspension of liquidation instructions
will remain in effect until further notice.
In accordance with section 735(c)(4) of the Act, because Commerce
now finds that critical circumstances exist for East Asia and the non-
individually examined separate rate companies, Commerce intends to
instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of subject merchandise from these companies
that were entered, or withdrawn from warehouse for consumption on or
after February 7, 2024, which is 90 days before the publication of the
Preliminary Determination \7\ in the Federal Register.
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\7\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 38075 (May 7, 2024).
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our amended final
affirmative determination of sales at LTFV. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded or
canceled, 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 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 ``Amended Cash Deposits and
Continuation of Suspension of Liquidation'' section.
Notification to Interested Parties
This amended final determination and notice are issued and
published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: October 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-25012 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P
