Notice2021-16843
Aluminum Extrusions From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Rescission of Review in Part; 2019-2020
Primary source
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Published
August 6, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on aluminum extrusions from the People's Republic of China (China). The period of review (POR) is May 1, 2019, through April 30, 2020. Commerce preliminarily determines that, because Kingtom Aluminio S.R.L. (Kingtom) exported merchandise from the Dominican Republic that is Chinese in origin, Kingtom is a third-country exporter and is not eligible for a separate rate and that, because Kingtom did not identify a Chinese exporter, we are unable to use the information provided by Kingtom to apply our non-market economy (NME) calculation methodology. Additionally, we preliminarily determine that none of the companies for which an administrative review was requested, and the request was not withdrawn, have demonstrated their eligibility for a separate rate and are, therefore, part of the China-wide entity, unless they have submitted a valid statement of no shipments. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43168-43171]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16843]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review in Part; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on aluminum
extrusions from the People's Republic of China (China). The period of
review (POR) is May 1, 2019, through April 30, 2020. Commerce
preliminarily determines that, because Kingtom Aluminio S.R.L.
(Kingtom) exported merchandise from the Dominican Republic that is
Chinese in origin, Kingtom is a third-country exporter and is not
eligible for a separate rate and that, because Kingtom did not identify
a Chinese exporter, we are unable to use the information provided by
Kingtom to apply our non-market economy (NME) calculation methodology.
Additionally, we preliminarily determine that none of the companies for
which an administrative review was requested, and the request was not
withdrawn, have demonstrated their eligibility for a separate rate and
are, therefore, part of the China-wide entity, unless they have
submitted a valid statement of no shipments. Interested parties are
invited
[[Page 43169]]
to comment on these preliminary results.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT: Mark Flessner, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6312.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2020, Commerce published the notice of initiation of
the administrative review of the AD order on aluminum extrusions from
China \1\ for the period May 1, 2019, through April 30, 2020, covering
98 companies.\2\ All requests for administrative review were timely
withdrawn with regard to 11 companies (listed in Appendix II to this
notice), leaving 87 companies subject to this administrative review.\3\
For a complete description of the events that followed the initiation
of this administrative review, see the Preliminary Decision
Memorandum.\4\
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\1\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540, 41544-41545 (July 10, 2020)
(Initiation Notice). Several parties, including Kingtom itself, had
used the name ``Kingtom S.L.R.'' instead of ``Kingtom S.R.L.'' in
their submissions, as did Commerce in the Initiation Notice. The
Aluminum Extrusions Fair Trade Committee (the petitioner), clarified
the name. See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Clarification of Mandatory Respondent,''
dated April 30, 2021. Because ``S.R.L.'' stands for Sociedad de
Responsibilidad Limitada and is the proper business form, we
corrected the error in the Initiation Notice. See Initiation of
Antidumping and Countervailing Duty Administrative Reviews, 86 FR
31282 (June 11, 2021).
\3\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Partial Withdrawal of Request for
Administrative Review,'' dated September 4, 2020.
\4\ See Memorandum, ``Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative Review: Aluminum
Extrusions from the People's Republic of China; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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The Preliminary Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's AD and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the internet at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>. A list of topics included in the Preliminary Decision Memorandum
is included as Appendix I to this notice.
Scope of the Order
The merchandise covered by the Order is aluminum extrusions which
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). For a full description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a
full description of the methodology underlying our preliminary results
of review, see the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the party or parties
that requested a review withdraws the request within 90 days of the
publication date of the notice of initiation of the requested review.
As noted above, all requests for an administrative review were timely
withdrawn for certain companies. Therefore, in accordance with 19 CFR
351.213(d)(1), we are rescinding this administrative review with
respect to 11 of the 98 companies named in the Initiation Notice.\5\
See Appendix II for a list of these companies.\6\
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\5\ See Initiation Notice, 85 FR at 41544-41545.
\6\ See Preliminary Decision Memorandum for further details.
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Separate Rates
In the Initiation Notice, we informed parties of the opportunity to
request a separate rate.\7\ In proceedings involving NME countries,
Commerce begins with a rebuttable presumption that all companies within
the NME country are subject to government control, and thus should be
assigned a single weighted-average dumping margin. It is Commerce's
policy to assign all exporters of merchandise subject to an
administrative review involving an NME country this single rate unless
an exporter can demonstrate that it is sufficiently independent so as
to be entitled to a separate rate. Companies that wanted to qualify for
separate rate status in this administrative review were required to
timely file, as appropriate, a separate rate application (SRA) or a
separate rate certification (SRC) to demonstrate their eligibility for
a separate rate. SRAs and SRCs were due to Commerce within 30 calendar
days of the publication of the Initiation Notice.\8\
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\7\ See Initiation Notice, 85 FR at 41542.
\8\ Id.
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Of the companies for which an administrative review was requested,
and not withdrawn, only Kingtom submitted an SRA or SRC. Additionally,
Anderson International, Kingtom, and Sunvast Trade Shanghai submitted
certifications of no shipments. On November 2, 2020, U.S. Customs and
Border Protection (CBP) issued a Notice of Determination as to Evasion,
in which CBP concluded that ``substantial evidence'' demonstrated that
the aluminum extrusions imported from ``the claimed manufacturer,
Kingtom Aluminio SRL (Kingtom)'' were of Chinese-origin and ``were
transshipped'' with the ``country of origin claimed as the Dominican
Republic.'' \9\ CBP ``further'' determined that ``substantial evidence
indicates that the Importers imports were entered through evasion,
resulting in the avoidance of applicable AD/CVD deposits or other
security.'' \10\ Accordingly, CBP determined that it would ``rate
adjust and change'' type 01 entries of the merchandise at issue to
``type 03 and continue suspension until instructed to liquidate these
entries.'' \11\
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\9\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Comments on Kingtom's Section A
Questionnaire Response,'' dated January 7, 2021, at Attachment 1,
page 1.
\10\ Id. at Attachment 1, pages 2 and 5.
\11\ Id. at Attachment 1, page 18.
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Kingtom was therefore a third-country exporter of Chinese-origin
merchandise from the Dominican Republic during the POR, and as a third-
country exporter, Kingtom was not eligible for a separate rate.
Furthermore, Kingtom reported no exporter of the subject merchandise
from China on the record; therefore, Commerce was unable to apply its
separate rate analysis to any exporter of the merchandise re-exported
by Kingtom to the United States in this review.
For a full description of the methodology underlying our
preliminary denial of a separate rate to Kingtom and our rejection of
its no shipments claim, see the Preliminary Decision Memorandum. We
therefore preliminarily determine that the 85 companies listed in
Appendix III to this notice are not eligible for a separate rate in
this administrative review.\12\
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\12\ See Preliminary Decision Memorandum at 13-16.
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[[Page 43170]]
China-Wide Entity
We preliminarily find that the 85 companies subject to this review
and identified in Appendix III to this notice are part of the China-
wide entity in this administrative review because they failed to submit
an SRA, SRC, or certification of no shipments.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\13\ Under this policy,
the China-wide entity will not be under review unless a party
specifically requests, or Commerce self-initiates, a review of the
entity. Because no party requested a review of the China-wide entity in
the instant review, and because Commerce did not self-initiate such a
review, the entity is not under review, and the entity's current rate
(i.e., 86.01 percent) \14\ is not subject to change.
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\13\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\14\ See Aluminum Extrusions from the People's Republic of
China: Final Results of Antidumping Duty Administrative Review;
2018-2019, 85 FR 19726, 19728 (April 8, 2020).
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Adjustments for Countervailable Subsidies
Because no company established eligibility for an adjustment under
section 777A(f) of the Act for countervailable domestic subsidies, for
these preliminary results, Commerce did not make an adjustment pursuant
to section 777A(f) of the Act for countervailable domestic subsidies
for any companies under review. Furthermore, because the China-wide
entity is not under review, we made no adjustment for countervailable
export subsidies for the China-wide entity pursuant to section
772(c)(1)(C) of the Act.
Disclosure and Public Comment
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results within five days
of the public announcement, or if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b). However, because Commerce did not
calculate weighted-average dumping margins for any companies in this
review, nor for the China-wide entity, there is nothing further to
disclose. This satisfies our regulatory obligation.
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\15\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the case briefs are filed.\16\ Parties who submit case
or rebuttal briefs in this review are requested to submit with each
argument: (1) A statement of the issue, (2) a brief summary of the
argument, and (3) a table of authorities.\17\
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\15\ See 19 CFR 351.309(c)(1)(ii).
\16\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\17\ See 19 CFR 351.309(c)(2) and (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\18\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the case and rebuttal briefs. If a request for a
hearing is made, parties will be notified of the time and date for the
hearing to be held.\19\
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information.\20\
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\20\ See Temporary Rule.
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of all issues raised in any briefs received, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuing the final results, Commerce will determine, and CBP
shall assess, antidumping duties on all appropriate entries covered by
this review.\21\ If a respondent's weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.50 percent) in the final
results of this review, we intend to calculate importer-specific
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of the importer's sales in accordance with 19 CFR
351.212(b)(1). If the respondent's weighted-average dumping margin is
zero or de minimis in the final results, or if an importer-specific
assessment rate is zero or de minimis, then we will instruct CBP to
liquidate the appropriate entries without regards to antidumping
duties.
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\21\ See 19 CFR 351.212(b)(1).
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Consistent with its recent notice,\22\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication). The final results of this administrative review shall be
the basis for the assessment of antidumping duties on entries of
merchandise under review and for future deposits of estimated duties,
where applicable.
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\22\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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We intend to instruct CBP to liquidate entries containing subject
merchandise exported by the China-wide entity at the China-wide rate.
Additionally, if Commerce determines that an exporter under review had
no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number will be liquidated at the
China-wide rate.\23\
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\23\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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For the companies for which this review is rescinded, antidumping
duties shall be assessed at rates equal to the cash deposit of
estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, in accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to issue assessment instructions to
CBP for those companies 35 days after publication of this notice.
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties, when imposed, will apply to all shipments of subject
merchandise from China entered, or withdrawn from warehouse, for
consumption on or after the publication of the final results of this
administrative review, as provided by section 751(a)(2)(C) of the Act:
(1) If the companies preliminarily determined to be eligible for a
separate rate receive a separate rate in the final results of this
administrative review, their cash deposit rate will be equal to the
[[Page 43171]]
weighted-average dumping margin established in the final results of
this review, as adjusted for domestic and export subsidies (except that
if that rate is de minimis, then the cash deposit rate will be zero);
(2) for any previously investigated or reviewed Chinese and non-Chinese
exporters that are not under review in this segment of the proceeding
but that received a separate rate in the most recently completed
segment of this proceeding, the cash deposit rate will continue to be
the exporter-specific rate published for the most recently completed
segment of this proceeding; (3) for all Chinese exporters of subject
merchandise that have not been found to be entitled to a separate rate,
the cash deposit rate will be that of the China-wide entity; (4) for
the China-wide entity, the cash deposit rate will be 86.01 percent; and
(5) for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter (or, if unidentified, that of the China-wide entity).
These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing notice of these preliminary results
in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Respondent Selection
V. Statements of No Shipments
VI. Rescission of Administrative Review, in Part
VII. Non-Market Economy Country
VIII. Separate Rates
IX. The China-Wide Entity
X. Adjustments for Countervailable Subsidies
XI. Cash Deposit Rate Applicable to Kingtom
XII. Assessment Rate Applicable to Kingtom
XIII. Section 232 Duties
XIV. Kingtom Scope Inquiry
XV. Recommendation
Appendix II
Companies for Which This Administrative Review Is Being Rescinded
1. Asia-Pacific Light Alloy (Nantong) Technology Co., Ltd.
2. Jiangsu Asia-Pacific Light Alloy Technology Co Ltd.
3. Modular Assembly Technology
4. Ningbo Xiangshan Import & Export Corporation
5. Rollease Acmeda Pty
6. Suzhou Mingde Aluminum
7. Tai-Ao Aluminum (Taishan) Co., Ltd.
8. Taizhou Puan Lighting Technology
9. Uniton Investment Ltd.
10. Wellste Material
11. Zhejiang Shiner Import and Export
Appendix III
Companies Preliminarily Not Entitled to a Separate Rate
1. Allpower Display Co., Ltd
2. Amidi Zhuhai
3. Beauty Sky Technology Co. Ltd
4. Changshu Changsheng Aluminum Products Co., Ltd
5. Chenming Industry and Commerce Shouguang Co., Ltd.
6. China International Freight Co. Ltd
7. China State Decoration Group Co., Ltd.
8. CRRC Changzhou Auto Parts Co. Ltd*
9. Custom Accessories Asia Ltd.
10. Everfoison Industry Ltd.
11. Foshan City Fangyuan Ceramic
12. Foshan City Nanhai Yongfeng Aluminum
13. Foshan City Top Deal Import and Export Co., Ltd.
14. Foshan Gold Bridge Import and Export Co. Ltd.
15. Foshan Golden Promise Import and Export Co., Ltd.
16. Foshan Guangshou Import and Export Co., Ltd.
17. Foshan Xingtao Aluminum Profile Co., Ltd.
18. Fujian Minfa Aluminum Inc.
19. Fujian Minfa Aluminum Co., Ltd.
20. Fuzhou Ruifuchang Trading Co., Ltd.
21. Fuzhou Sunmodo New Energy Equipment Co., Ltd.
22. Gebruder Weiss
23. Gold Bridge International
24. Grupo Emb
25. Grupo Europeo La Optica
26. Grupo Pe No Mato In
27. Guangdong Gaoming Guangtai Shicai
28. Guangdong Gaoxin Communication Equipment Industrial Co., Ltd.
29. Guangdong Golden China Economy
30. Guangdong Maoming Foreign Trade Enterprise Development Co.
31. Guangdong Taiming Metal Products Co., LTD.
32. Guangdong Victor Aluminum Co., Ltd.
33. Guangzhou Jintao Trade Company
34. Hangzhou Evernew Machinery & Equipment Co., Ltd.
35. Hangzhou Tonny Electric and Tools Co., Ltd.
36. Hefei Sylux Imp. & Exp. Co., Ltd.
37. Hong Kong Dayo Company, Ltd.
38. Huazhijie Plastic Products
39. Huiqiao International Shanghai
40. Ilshim Almax
41. Jer Education Technology
42. Jiangsu Weatherford Hongda Petroleum Equipment Co., Ltd.
43. Jiangsu Yizheng Haitian Aluminum Industrial
44. Jiang Yin Ming Ding Aluminum & Plastic Products Co., Ltd
45. Jilin Qixing Aluminum Industries Co., Ltd.
46. Jin Lingfeng Plastic Electrical Appliance
47. Kanal Precision Aluminum Product Co. Ltd.
48. Kingtom Aluminio SRL
49. Larkcop International Co Ltd
50. Ledluz Co Ltd
51. Liansu Group Co. Ltd
52. Links Relocations Beijing
53. Marshell International
54. Ningbo Deye Inverter Technology
55. Ningbo Hightech Development
56. Ningbo Winjoy International Trading
57. Orient Express Container
58. Ou Chuang Plastic Building Material (Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Sewon
64. Shandong Huajian Aluminum Industry
65. Shanghai EverSkill M&E Co., Ltd.
66. Shanghai Jingxin Logistics
67. Shanghai Ouma Crafts Co, Ltd.
68. Shanghai Phidix Trading
69. Sinogar Aluminum
70. Transwell Logistics Co., Ltd.
71. United Aluminum
72. Wanhui Industrial China
73. Wenzhou Yongtai Electric Co., Ltd.
74. Winstar Power Technology Limited
75. Wisechain Trading Ltd.
76. Wuxi Lotus Essence
77. Wuxi Rapid Scaffolding Engineering
78. Wuxi Zontai Int'l Corporation Ltd.
79. Xuancheng Huilv Aluminum Industry Co., Ltd.
80. Yekalon Industry Inc
81. Yonn Yuu Enterprise Co., Ltd.
82. Yuyao Royal Industrial
83. Zhejiang Guoyao Aluminum Co., Ltd.
84. Zhongshan Broad Windows and Doors and Curtain
85. ZL Trade Shanghai
[FR Doc. 2021-16843 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.