Notice2022-10179
Aluminum Extrusions From the People's Republic of China: Initiation of Changed Circumstances Reviews
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China (China).
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Notices]
[Pages 29110-29113]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10179]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967; C-570-968]
Aluminum Extrusions From the People's Republic of China:
Initiation of Changed Circumstances Reviews
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating
changed circumstances reviews (CCR) of the antidumping duty (AD) and
countervailing duty (CVD) orders on aluminum extrusions from the
People's Republic of China (China).
DATES: Applicable May 12, 2022.
FOR FURTHER INFORMATION CONTACT: Mark Flessner or Erin Kearney, 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 or (202) 482-0167,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 26, 2011, Commerce published the AD and CVD orders on
aluminum extrusions from China.\1\ On March 23, 2022, 3M Company (3M)
requested that Commerce initiate CCRs to revoke, in part, the Orders
with respect to certain rectangular wire, pursuant to section 751(b)(l)
of the Tariff Act of 1930, as amended (the Act).\2\ 3M requested that
Commerce exercise its discretion to extend the effective date back by
one additional day, setting an effective date of the revocation of the
Orders to entries entered on or after April 30, 2021. Additionally, 3M
requested that Commerce expedite the reviews by combining the notice of
initiation of the CCRs and the preliminary results of the reviews
pursuant to 19 CFR 351.221(c)(3)(ii). 3M stated that it is a U.S.
importer of certain rectangular wire and, as such, is an interested
party pursuant to Section 771(9)(A) of the Act.
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\1\ 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, Orders).
\2\ See 3M's Letter, ``Aluminum Extrusions from the People's
Republic of China: Changed Circumstances Review Request,'' dated
March 23, 2022 (CCR Request).
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On April 13, 2022, the Aluminum Extrusions Fair Trade Committee
(the petitioner) submitted comments in support of partially revoking
the Orders with regard to the certain rectangular wire defined in the
CCR Request.\3\ The petitioner submitted data demonstrating that it
represents ``substantially all'' of the production of the domestic like
product.\4\ The petitioner also supported 3M's request that the partial
revocation of the Orders with respect to the certain rectangular wire
defined in the CCR Request include unliquidated entries of the certain
rectangular wire that was entered on or after April 30, 2021.\5\
Additionally, the petitioner supported
[[Page 29111]]
3M's request that Commerce expedite these reviews by combining the
notice of initiation of the CCRs and the preliminary results of the
reviews.\6\
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\3\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Letter in Support of 3M Changed
Circumstances Review Request,'' dated April 13, 2022.
\4\ Id. at 2-3.
\5\ Id. at 3.
\6\ Id.
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Scope of the Orders
The merchandise covered by these Orders is aluminum extrusions from
China. For a complete description of the scope of the Orders, see the
appendix to this notice.
Proposed Revocation of the Orders, in Part
3M requested that the Orders be revoked, in part, with respect to
certain rectangular wire. 3M proposed that Commerce amend the scope
language by adding the following language: ``Also excluded from the
scope of the orders is certain extruded rectangular wire, with or
without rounded edges, imported in bulk rolls or precut strips. The
product is made from aluminum alloy grade 1070 or 1370. The dimensions
of the wire are 3 mm (+/- 0.05 mm) to 6 mm (+/- 0.05 mm) in width and
0.7 mm (+/- 0.05 mm) to 1.2 mm (+/- 0.05 mm) in thickness. Imports of
rectangular wire are provided for under HTSUS category 7604.29.1090 or
7616.99.5190.'' \7\
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\7\ See CCR Request at 6.
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Initiation of CCR
Pursuant to section 751(b)(1) of the Act, and 19 CFR 351.216(d),
Commerce will conduct a CCR of an AD or CVD order when it receives
information which shows changed circumstances sufficient to warrant
such a review. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i)
provide that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have no further interest in the
order, in whole or in part. In the event Commerce determines that
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits
Commerce to combine the notices of initiation and preliminary results.
We have determined that it is not appropriate to combine this
notice of initiation with notice of preliminary results. Specifically,
prior to issuing our preliminary results, we are providing interested
parties an opportunity to address the language of the proposed partial
revocation of the Orders. On January 6, 2014, Commerce revoked the
Orders, in part, with regard to a similar product, and added the
following language to the scope of the Orders:
``Also excluded from the scope of the order is certain rectangular
wire produced from continuously cast rolled aluminum wire rod, which is
subsequently extruded to dimension to form rectangular wire. The
product is made from aluminum alloy grade 1070 or 1370, with no
recycled metal content allowed. The dimensions of the wire are 5 mm (+/
- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in thickness. Imports of
rectangular wire are provided for under HTSUS category 7605.19.000.''
\8\ This partial revocation was also based on a request from 3M. While
there is a certain overlap of the language of the 2014 Revocation in
Part and the certain rectangular wire defined in the current CCR
Request, there are also certain inconsistencies between the language of
the 2014 Revocation in Part and the certain rectangular wire defined in
the current CCR Request. Because of these two factors, we find that
there exists a high likelihood of difficulty in enforcing the scope of
the Orders, along with the burden of potential scope inquiries, without
a synthesis of the two sets of language. Consequently, we find that
expedited action is not warranted in this instance, and we issue this
notice of initiation without issuing concurrent preliminary results.
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\8\ See Aluminum Extrusions from the People's Republic of China:
Final Results of Changed Circumstances Reviews; Partial Revocation
of Antidumping and Countervailing Duty Orders, 79 FR 634 (January 6,
2014) (2014 Revocation in Part).
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Based on the petitioner's affirmative statement of no interest in
the Orders with respect to certain rectangular wire, and because more
than 24 months have passed since the publication of the Final
Determinations,\9\ we find that the conditions warrant initiation of
these CCRs.\10\
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\9\ See 19 CFR 351.216(c); see also Certain Hardwood Plywood
Products from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value, and Final Affirmative Determination
of Critical Circumstances, in Part, 82 FR 53460 (November 16, 2017);
and Countervailing Duty Investigation of Certain Hardwood Plywood
Products from the People's Republic of China: Final Affirmative
Determination, and Final Affirmative Critical Circumstances
Determination, in Part, 82 FR 53473 (November 16, 2017)
(collectively, Final Determinations).
\10\ See, e.g., Certain Cold-Rolled Steel Flat Products from
Japan: Initiation and Preliminary Results of Changed Circumstances
Review, and Intent to Revoke Order in Part, 82 FR 821 (January 4,
2017) (finding that the ``{p{time} etitioners' affirmative statement
of no interest in the order . . . constitutes good cause for the
conduct of this review'').
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Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these CCRs, including comments on the synthesis
of the language of the of the 2014 Revocation in Part with the certain
rectangular wire defined in the current CCR Request, and the setting of
an effective date of the revocation of the Orders to entries entered on
or after April 30, 2021. Comments and factual information may be
submitted to Commerce no later than ten days after the date of
publication of this notice. Rebuttal comments and rebuttal factual
information may be filed with Commerce no later than seven days after
the comments and/or factual information are filed.\11\ Note that
Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information until
further notice.\12\ All submissions must be filed electronically using
the Enforcement and Compliance's AD and CVD Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. An electronically-filed document must be
received successfully in its entirety in ACCESS by 5:00 p.m. Eastern
Time on the due date set forth in this notice.
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\11\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2). See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19; Extension of Effective Period,
85 FR 41363 (July 10, 2020) (Temporary Rule).
\12\ See Temporary Rule.
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Preliminary and Final Results of the Reviews
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these AD and CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's
preliminary factual and legal conclusions. Commerce will issue its
final results of these CCRs in accordance with the time limits set
forth in 19 CFR 351.216(e).
Notification to Interested Parties
This notice is published in accordance with section 751(b)(1) of
the Act, and 19 CFR 351.221(b)(1).
Dated: May 6, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The merchandise covered by the Orders 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
[[Page 29112]]
1, 3, and 6 (or proprietary equivalents or other certifying body
equivalents). Specifically, the subject merchandise made from
aluminum alloy with an Aluminum Association series designation
commencing with the number 1 contains not less than 99 percent
aluminum by weight. The subject merchandise made from aluminum alloy
with an Aluminum Association series designation commencing with the
number 3 contains manganese as the major alloying element, with
manganese accounting for not more than 3.0 percent of total
materials by weight. The subject merchandise is made from an
aluminum alloy with an Aluminum Association series designation
commencing with the number 6 contains 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 subject aluminum
extrusions are properly identified by a four-digit alloy series
without either a decimal point or leading letter. Illustrative
examples from among the approximately 160 registered alloys that may
characterize the subject merchandise are as follows: 1350, 3003, and
6060.
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.
Aluminum extrusions are produced and imported with a variety of
finishes (both coatings and surface treatments), and types of
fabrication. The types of coatings and treatments applied to subject
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 brightdip anodized),
liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would
include, but are not limited to, extrusions that are cut-to-length,
machined, drilled, punched, notched, bent, stretched, knurled,
swedged, mitered, chamfered, threaded, and spun. The subject
merchandise includes aluminum extrusions that are finished (coated,
painted, etc.), fabricated, or any combination thereof.
Subject aluminum extrusions may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, window frames,
door frames, solar panels, curtain walls, or furniture. Such parts
that otherwise meet the definition of aluminum extrusions are
included in the scope. The scope includes the aluminum extrusion
components that are attached (e.g., by welding or fasteners) to form
subassemblies, i.e., partially assembled merchandise unless imported
as part of the finished goods `kit' defined further below. The scope
does not include the non-aluminum extrusion components of
subassemblies or subject kits.
Subject extrusions may be identified with reference to their end
use, such as fence posts, electrical conduits, door thresholds,
carpet trim, or heat sinks (that do not meet the finished heat sink
exclusionary language below). Such goods are subject merchandise if
they otherwise meet the scope definition, regardless of whether they
are ready for use at the time of importation. The following aluminum
extrusion products are excluded: aluminum extrusions made from
aluminum alloy with an Aluminum Association series designations
commencing with the number 2 and containing in excess of 1.5 percent
copper by weight; aluminum extrusions made from aluminum alloy with
an Aluminum Association series designation commencing with the
number 5 and containing in excess of 1.0 percent magnesium by
weight; and aluminum extrusions made from aluminum alloy with an
Aluminum Association series designation commencing with the number 7
and containing in excess of 2.0 percent zinc by weight.
The scope also excludes finished merchandise containing aluminum
extrusions as parts that are fully and permanently assembled and
completed at the time of entry, such as finished windows with glass,
doors with glass or vinyl, picture frames with glass pane and
backing material, and solar panels. The scope also excludes finished
goods containing aluminum extrusions that are entered unassembled in
a ``finished goods kit.'' A finished goods kit is understood to mean
a packaged combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a final
finished good and requires no further finishing or fabrication, such
as cutting or punching, and is assembled ``as is'' into a finished
product. An imported product will not be considered a ``finished
goods kit'' and therefore excluded from the scope of the Orders
merely by including fasteners such as screws, bolts, etc. in the
packaging with an aluminum extrusion product.
The scope also excludes aluminum alloy sheet or plates produced
by other than the extrusion process, such as aluminum products
produced by a method of casting. Cast aluminum products are properly
identified by four digits with a decimal point between the third and
fourth digit. A letter may also precede the four digits. The
following Aluminum Association designations are representative of
aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0,
356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0,
514.0, 518.1, and 712.0. The scope also excludes pure, 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 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 of these Orders are finished heat
sinks. Finished heat sinks are fabricated heat sinks made from
aluminum extrusions the design and production of which are organized
around meeting certain specified thermal performance requirements
and which have been fully, albeit not necessarily individually,
tested to comply with such requirements.
Also excluded from the scope of the Orders is certain
rectangular wire produced from continuously cast rolled aluminum
wire rod, which is subsequently extruded to dimension to form
rectangular wire. The product is made from aluminum alloy grade 1070
or 1370, with no recycled metal content allowed. The dimensions of
the wire are 5 mm (+/- 0.05 mm) in width and 1.0 mm (+/- 0.02 mm) in
thickness. Imports of rectangular wire are provided for under HTSUS
category 7605.19.000.
Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 6603.90.81.00, 7604.21.00.00, 7604.21.00.10,
7604.21.00.90, 7604.29.10.00, 7604.29.10.10, 7604.29.10.90,
7604.29.30.10, 7604.29.30.50, 7604.29.30.60, 7604.29.30.90,
7604.29.50.30, 7604.29.50.60, 7604.29.50.50, 7604.29.50.90,
7606.12.30.91, 7606.12.30.96, 7608.20.00.30, 7608.20.00.90,
7609.00.00, 7610.10.00, 7610.90.00, 7615.10.20.15, 7615.10.20.25,
7615.10.30, 7615.10.30.15, 7615.10.30.25, 7615.10.50.20,
7615.10.50.40, 7615.10.71, 7615.10.71.25, 7615.10.71.30,
7615.10.71.55, 7615.10.71.80, 7615.10.91, 7615.10.91.00, 7615.19.10,
7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00,
7615.20.00.00, 7616.10.90.90, 7616.99.10, 7616.99.50, 7616.99.51,
8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90,
8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00,
8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80,
8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35,
8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00,
8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90,
8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60,
8419.90.10.00, 8422.90.06.40, 8424.90.90.80, 8473.30.20.00,
8473.30.51.00, 8479.89.94, 8479.89.98, 8479.90.85.00, 8479.90.94,
8481.90.90.60, 8481.90.90.85, 8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8508.70.00.00, 8513.90.20, 8515.90.20.00,
8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00,
8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8541.90.00.00,
8543.90.88.80, 8543.90.88.85, 8708.10.30.50, 8708.29.50.60,
8708.29.51.60, 8708.80.65.90, 8708.99.68.90, 8803.30.00.60,
9013.90.50.00, 9013.90.90.00, 9031.90.90.95, 9031.90.91.95,
9401.90.50.81, 9401.99.90.81, 9403.10.00, 9403.20.00, 9403.90.10.40,
9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80,
9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05,
9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10,
9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80,
9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.41,
9403.90.80.51, 9403.90.80.61, 9403.99.10.40, 9403.99.90.10,
9403.99.90.15, 9403.99.90.20, 9403.99.90.41, 9405.99.40.20,
9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40,
9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30,
9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00,
9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00,
9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00,
9507.30.80.00, 9507.90.60.00, and 9603.90.80.50.
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The subject merchandise entered as parts of other aluminum
products may be classifiable under the following additional Chapter
76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as
well as under other HTSUS chapters. In addition, fin evaporator
coils may be classifiable under HTSUS numbers: 8418.99.80.50 and
8418.99.80.60. While HTSUS subheadings are provided for convenience
and customs purposes, the written description of the scope of these
Orders is dispositive.
[FR Doc. 2022-10179 Filed 5-11-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 12, 2022.
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