Notice2022-23810
Aluminum Extrusions From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order
Primary source
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Published
November 2, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China (China), would likely lead to a continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 211 (Wednesday, November 2, 2022)</title>
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[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66128-66130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23810]
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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:
Continuation of Antidumping Duty Order and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) and countervailing duty (CVD)
orders on aluminum extrusions from the People's Republic of China
(China), would likely lead to a continuation or recurrence of dumping,
net countervailable subsidies, and material injury to an industry in
the United States, Commerce is publishing a notice of continuation of
the AD and CVD orders.
DATES: Applicable November 2, 2022.
FOR FURTHER INFORMATION CONTACT: Carolyn Adie (AD) or Frank Schmitt
(CVD), 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) 482-6250
or (202) 482-4880, respectively.
SUPPLEMENTARY INFORMATION:
Background:
On May 26, 2011, Commerce published the AD Order and the CVD Order
on aluminum extrusions from China (collectively, the Orders).\1\ On
March 1, 2022, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act), Commerce published the initiation of the second
sunset reviews of the Orders and the ITC instituted its review of the
Orders.\2\ As a result of its reviews, Commerce determined that
revocation of the AD Order would likely lead to a continuation or
recurrence of dumping and that revocation of the CVD Order would likely
lead to the continuation or recurrence of countervailable subsidies.
Commerce, therefore, notified the ITC of the magnitude of the margins
and net countervailable subsidy rates likely to prevail should the
Orders be revoked.\3\
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\1\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (AD Order); and
Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (CVD Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022); and Aluminum Extrusions from China; Institution of
Five-Year Reviews, 87 FR 11470 (March 1, 2022).
\3\ See Aluminum Extrusions from the People's Republic of China:
Final Results of the Expedited Second Sunset Review of the
Antidumping Duty Order, 87 FR 40509 (July 7, 2022), and accompanying
Issues and Decision Memorandum (IDM); see also Aluminum Extrusions
from the People's Republic of China: Final Results of the Expedited
Second Sunset Review of the Countervailing Duty Order; 87 FR 40501
(July 7, 2022), and accompanying IDM.
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On October 21, 2022, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the Orders would
likely lead to a continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\4\
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\4\ See USITC Publication 5375 (October 2022), and Aluminum
Extrusions from China, 87 FR 64113 (October 21, 2022).
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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 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,
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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,
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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.
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 the Orders is
dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders on
aluminum extrusions from China. U.S. Customs and Border Protection will
continue to collect AD and CVD cash deposits at the rates in effect at
the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year (sunset) reviews of the Orders
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: October 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-23810 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 2, 2022.
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