Notice2022-14488
Aluminum Extrusions From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Countervailing Duty Order
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
July 7, 2022
Effective
July 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on aluminum extrusions from the People's Republic of China (China) would likely lead to the continuation or recurrence of a countervailable subsidy at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 129 (Thursday, July 7, 2022)</title>
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[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40501-40502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14488]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-968]
Aluminum Extrusions From the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
(CVD) order on aluminum extrusions from the People's Republic of China
(China) would likely lead to the continuation or recurrence of a
countervailable subsidy at the levels indicated in the ``Final Results
of Sunset Review'' section of this notice.
DATES: Effective July 7, 2022.
FOR FURTHER INFORMATION CONTACT: Frank Schmitt, Office VI, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4880.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2022, Commerce initiated the second sunset review of
the Order,\1\ pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On March 15, 2022, Commerce received a notice of
intent to participate, within the 15-day deadline specified in 19 CFR
351.218(d)(1)(i), from the Aluminum Extrusions Fair Trade Committee and
its constituent producers of aluminum extrusions (the petitioner).\3\
The petitioner claimed interested party status under section 771(9)(E)
(covering trade and business associations) and individually under
section 771(9)(C) (covering manufacturers, producers, and wholesalers)
of the Act, respectively.
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\1\ See Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Notice of Intent to Participate in
Sunset Review,'' dated March 15, 2022.
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Commerce received an adequate substantive response from the
petitioner within the 30-day deadline specified in
[[Page 40502]]
19 CFR 351.218(d)(3)(i).\4\ On April 20, 2022, Commerce notified the
U.S. International Trade Commission that we did not receive a
substantive response from the Government of China or any respondent
interested party to the proceeding.\5\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2),
Commerce conducted an expedited (120-day) sunset review of the Order.
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\4\ See Petitioner's Letter, ``Aluminum Extrusions from the
People's Republic of China: Substantive Response to Notice of
Initiation of Sunset Review,'' dated March 30, 2022 (Substantive
Response).
\5\ See Commerce's Letter to U.S. International Trade
Commission, ``Sunset Reviews Initiated on March 1, 2022,'' dated
April 20, 2022.
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Scope of the Order
The merchandise covered by the Order is aluminum extrusions. For a
complete description of the scope of the Order, see Issues and Decision
Memorandum.\6\
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2022 Expedited Sunset Review of the
Countervailing Duty Order on Aluminum Extrusions from the People's
Republic of China,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this review are addressed in the accompanying
Issues and Decision Memorandum.\7\ The issues discussed in the Issues
and Decision Memorandum are listed in the appendix to this notice. 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\7\ Id.
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b)(1) of the Act, we
determine that revocation of the Order would be likely to lead to
continuation or recurrence of a net countervailable subsidy at the
rates listed below:
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Net
countervailable
Producer/exporter subsidy rate
(percent)
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Dragonluxe Limited..................................... 374.15
Foshan Guangcheng Aluminum Co., Ltd., Guang Ya Aluminum 12.04
Industries Co. Ltd., Guang Ya Aluminum Industries Hong
Kong, and Yongji Guanghai Aluminum Industry Co., Ltd..
Kong Ah International Company Limited.................. 25.82 \8\
Karlton Aluminum Company Ltd., Zhaoqing New Zhongya 20.18
Aluminum Co., Ltd., Zhongya Shaped Aluminum HK Holding
Ltd...................................................
Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning 374.15
Zhongwang Group.......................................
Miland Luck Limited.................................... 374.15
All Others............................................. 22.96
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Notification Regarding Administrative Protective Order (APO)
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\8\ See Aluminum Extrusions from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 76 FR 18521
(April 4, 2011) (Final Determination); see also Aluminum Extrusions
from the People's Republic of China: Amended Final Results of
Countervailing Duty Administrative Review; 2013, 80 FR 77325 (March
22, 2016) (Final Results 2013 Review). Kong Ah International Company
Limited was included among the cross-owned companies comprising the
Gyang Ya Group in the Final Determination. However, other members of
the Gyang Ya Group were subsequently reviewed as mandatory
respondents in the Final Results 2013 Review, while Kong Ah
International Company Limited was not. Therefore, the rates for the
additional programs found to be countervailable for the individually
examined Guang Ya Group Companies in the Final Results 2013 Review
are not the rates for Kong Ah International Company Limited. Rather,
for additional programs found to be countervailable in the Final
Results 2013 Review, we have used the average of the rates of the
companies individually examined.
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This notice serves as the only reminder to parties subject to APO
of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305. Timely notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(c), 752(b), 777(i)(1) of the Act, and
19 CFR 351.218(e)(1)(ii)(C)(2) and 351.221(c)(5)(ii).
Dated: June 29, 2022.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rate Likely to Prevail
3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2022-14488 Filed 7-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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