Notice2023-12052
Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2021
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
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsides are being provided to producers and exporters of aluminum extrusions from the People's Republic of China (China) during the period of review (POR) of January 1, 2021, through December 31, 2021.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37031-37033]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12052]
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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 Countervailing Duty Administrative Review; 2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsides are being provided to producers and exporters
of aluminum extrusions from the People's Republic of China (China)
during the period of review (POR) of January 1, 2021, through December
31, 2021.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: James Hepburn, 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) 482-1882.
SUPPLEMENTARY INFORMATION:
Background
On February 3, 2023, Commerce published the Preliminary Results of
this administrative review in the Federal Register and invited
interested parties to comment.\1\ We received no comments from
interested parties on the Preliminary Results, and we have otherwise
made no changes from the Preliminary Results. Accordingly, no decision
memorandum accompanies this Federal Register notice; the Preliminary
Results and accompanying PDM are hereby adopted in these final results.
Commerce conducted this
[[Page 37032]]
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Results of Countervailing Duty Administrative Review,
and Rescission, in Part; 2021, 88 FR 7404 (February 3, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum (PDM).
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Scope of the Order <SUP>2</SUP>
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\2\ See Aluminum Extrusions from the People's Republic of China:
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (Order).
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The product covered by the Order is aluminum extrusions from
China.\3\ For a complete description of the scope, see the appendix to
this notice.
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\3\ Harmonized Tariff Schedule of the United States subheadings
8708.29.15.00, 8708.29.25.00, and 8714.93.05 were added to the scope
of this proceeding. See Memorandum, ``Request from Customs and
Border Protection to Update the ACE AD/CVD Case Reference File,''
dated April 14, 2023.
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Final Results of Review
For the period January 1, 2021, through December 31, 2021, we
determine that the following net countervailable subsidies exist: \4\
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\4\ In the Preliminary Results, Commerce rescinded this review
with respect to producers or exporters of aluminum extrusions from
China for which an administrative was requested, and the request was
later timely withdrawn. See Preliminary Results, 88 FR at 7405.
Because there are no companies subject to this review other than the
three companies listed in the table herein, there are no companies
not selected for individual examination for which Commerce is
required to establish a subsidy rate.
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Subsidy rate
Company (percent ad
valorem)
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Guangdong Victor Aluminum Co., Ltd.\5\.................... 293.85
Hui Qian (Shanghai) International Trading Co., Ltd........ 293.85
Sichuan Hangxin New Glazing Material Co., Ltd............. 293.85
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Disclosure
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\5\ Commerce inadvertently referred to this company as
``Guangdong Victor A'' in the Preliminary Results. See Preliminary
Results, 88 FR at 7405 and PDM at 1. However, the correct name for
this company is ``Guangdong Victor Aluminum Co., Ltd.'' as stated in
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 87 FR 42144, 42153 (July 14, 2022).
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Normally, Commerce discloses to interested parties the calculations
of the final results of an administrative review within five days of a
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final results in the
Federal Register, in accordance with 19 CFR 351.224(b). However,
because we have made no changes from the Preliminary Results, there are
no calculations to disclose.
Assessment Rates
Consistent with section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(2), upon completion of the administrative review, Commerce
shall determine, and U.S. Customs and Border Protection (CBP) shall
assess, countervailing duties on all appropriate entries of subject
merchandise covered by this review. 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).
Cash Deposit Instructions
Pursuant to section 751(a)(2)(C) of the Act, Commerce intends to
instruct CBP to collect cash deposits of estimated countervailing
duties in the amounts shown for the companies listed above for
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this administrative review. These cash deposit instructions,
when imposed, shall remain in effect until further notice.
Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction 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
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: May 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
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). 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
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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 Order
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 this Order 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 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.
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, 8708.29.15.00,
8708.29.25.00, 8708.29.50.60, 8708.29.51.60, 8708.80.65.90,
8708.99.68.90, 8714.93.05.00, 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.
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 this
Order is dispositive.
[FR Doc. 2023-12052 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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