Notice2024-11346
Aluminum Extrusions From the People's Republic of China, Indonesia, Mexico, and the Republic of Türkiye: Amended Preliminary Countervailing Duty Determinations
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 23, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the scope of the countervailing duty (CVD) investigations of aluminum extrusions from the People's Republic of China (China), Indonesia, Mexico, and the Republic of T[uuml]rkiye (T[uuml]rkiye) to coincide with the scope of the companion less-than-fair-value (LTFV) investigations of aluminum extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, the Republic of Korea (Korea), Malaysia, Mexico, Taiwan, Thailand, T[uuml]rkiye, the United Arab Emirates (UAE), and the Socialist Republic of Vietnam (Vietnam).
Full Text
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<title>Federal Register, Volume 89 Issue 101 (Thursday, May 23, 2024)</title>
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[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45634-45638]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11346]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-159, C-560-841, C-201-861, C-489-851]
Aluminum Extrusions From the People's Republic of China,
Indonesia, Mexico, and the Republic of T[uuml]rkiye: Amended
Preliminary Countervailing Duty Determinations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
scope of the countervailing duty (CVD) investigations of aluminum
extrusions from the People's Republic of China (China), Indonesia,
Mexico, and the Republic of T[uuml]rkiye (T[uuml]rkiye) to coincide
with the scope of the companion less-than-fair-value (LTFV)
investigations of aluminum extrusions from China, Colombia, Ecuador,
India, Indonesia, Italy, the Republic of Korea (Korea), Malaysia,
Mexico, Taiwan, Thailand, T[uuml]rkiye, the United Arab Emirates (UAE),
and the Socialist Republic of Vietnam (Vietnam).
DATES: Applicable March 11, 2024.
FOR FURTHER INFORMATION CONTACT: Stefan Smith, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4342.
SUPPLEMENTARY INFORMATION:
Background
On October 31, 2023, Commerce published in the Federal Register the
notice of initiation of the CVD investigations on aluminum extrusions
China, Indonesia, Mexico, and T[uuml]rkiye \1\ and the LTFV
investigations on
[[Page 45635]]
aluminum extrusions from China, Colombia, the Dominican Republic,
Ecuador, India, Indonesia, Italy, Korea, Malaysia, Mexico, Taiwan,
Thailand, T[uuml]rkiye, the UAE, and Vietnam.\2\ On November 27, 2023,
the LTFV investigation regarding the Dominican Republic was terminated
by the U.S. International Trade Commission, due to negligible
imports.\3\ On March 11, 2024, Commerce published in the Federal
Register the preliminary determinations of the CVD investigations on
aluminum extrusions from China, Indonesia, Mexico, and T[uuml]rkiye.\4\
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\1\ See Aluminum Extrusions from the People's Republic of China,
Indonesia, Mexico, and the Republic of Turkey: Initiation of
Countervailing Duty Investigations, 88 FR 74433 (October 31, 2023)
(CVD Initiation Notice).
\2\ See Aluminum Extrusions from the People's Republic of China,
Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy,
the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand, the
Republic of Turkey, the United Arab Emirates, and the Socialist
Repulic of Vietnam, 88 FR 74421 (October 31, 2023) (AD Initiation
Notice).
\3\ See Aluminum Extrusions from China, Colombia, Dominican
Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South
Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam,
88 FR 82913 (November 27, 2023).
\4\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 89 FR 17394 (October 31, 2023) (China CVD Preliminary
Determination); Aluminum Extrusions from Indonesia: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With the Final Antidumping Duty Determination,
89 FR 17405 (October 31, 2023) (Indonesia CVD Preliminary
Determination); Aluminum Extrusions from Mexico: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With Final Antidumping Duty Determination, 89 FR
17387 (October 31, 2023) (Mexico CVD Preliminary Determination); and
Aluminum Extrusions from the Republic of Turkey: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination With the Final Antidumping Duty Determination,
89 FR 17399 (October 31, 2023) (T[uuml]rkiye CVD Preliminary
Determination).
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Consistent with our practice, as established in the Preamble \5\ to
Commerce's regulations, in the CVD Initiation Notice and the AD
Initiation Notice, Commerce set aside a period of time for parties to
raise issues regarding product coverage, and encouraged all parties to
submit comments within 20 calendar days of publication of the CVD
Initiation Notice and the AD Initiation Notice. Commerce received scope
comments on the official records of the CVD and LTFV investigations
from numerous interested parties regarding a variety of products. Due
to the complexity and volume of the scope comments received, Commerce
addressed a number of comments with the preliminary determinations of
the CVD investigations.\6\ Consequently, in the preliminary
determinations of each CVD investigation, Commerce instructed the U.S.
Customs and Border Protection (CBP) to suspend liquidation of, and to
collect cash deposits of, estimated countervailing duties on entries of
aluminum extrusions subject to the scope of the CVD investigations.\7\
Prior to, and after, the issuance of Preliminary Scope Memorandum I,
Commerce received additional scope comments from interested parties.
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\5\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (establishing procedures to
address product coverage issues in investigations).
\6\ See Memorandum, ``Antidumping Duty Investigations and
Countervailing Duty Investigations of Aluminum Extrusions from
People's Republic of China, Colombia, Ecuador, India, Indonesia,
Italy, the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand,
the Republic of Turkey, the United Arab Emirates, and the Socialist
Republic of Vietnam: Preliminary Scope Decision Memorandum,'' dated
March 4, 2024 (Preliminary Scope Memorandum I).
\7\ See China CVD Preliminary Determination, 89 FR 17396;
Indonesia CVD Preliminary Determination, 89 FR 17407; Mexico CVD
Preliminary Determination, 89 FR 17389; and T[uuml]rkiye CVD
Preliminary Determination, 89 FR 17401.
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On May 11, 2024, Commerce published in the Federal Register the
affirmative preliminary determinations in the LTFV investigations of
aluminum extrusions from China, Colombia, Ecuador, India, Indonesia,
Italy, Korea, Malaysia, Mexico, Taiwan, Thailand, T[uuml]rkiye, the
UAE, and Vietnam.\8\ Commerce issued a memorandum, Preliminary Scope
Memorandum II,\9\ to continue addressing interested parties' scope
comments. Multiple interested parties, including the petitioner,\10\
submitted comments and proposed scope modifications or clarifications,
resulting in the revision to the scope language incorporated in the CVD
investigations.\11\ As such, Commerce is hereby revising the scope of
the CVD investigations on aluminum extrusions from China, Indonesia,
Mexico, and T[uuml]rkiye to coincide with the scope of the companion
LTFV investigations (see the appendix to this notice). The updated
scope of the CVD investigations is provided in the appendix to this
notice.
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\8\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extensions of
Provisional Measures, 89 FR 38031 (May 11, 2024); see also Aluminum
Extrusions from Colombia: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extensions of Provisional Measures, 89 FR 38021 (May 11, 2024);
Aluminum Extrusions from Ecuador: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extensions of Provisional Measures, 89 FR
38053 (May 11, 2024); Aluminum Extrusions from India: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extensions of Provisional
Measures, 89 FR 38063 (May 11, 2024); Aluminum Extrusions from
Indonesia: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extensions
of Provisional Measures, 89 FR 38026 (May 11, 2024); Aluminum
Extrusions from Italy: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extensions of Provisional Measures, 89 FR 38067 (May 11, 2024);
Aluminum Extrusions from the Republic of Korea: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extensions of Provisional
Measures, 89 FR 38085 (May 11, 2024); Aluminum Extrusions from
Malaysia: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extensions
of Provisional Measures, 89 FR 38057 (May 11, 2024); Aluminum
Extrusions from Mexico: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extensions of Provisional Measures, 89 FR 38037 (May 11, 2024);
Aluminum Extrusions from Taiwan: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extensions of Provisional Measures, 89 FR
38080 (May 11, 2024); Aluminum Extrusions from Thailand: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extensions of Provisional
Measures, 89 FR 38042 (May 11, 2024); Aluminum Extrusions from
T[uuml]rkiye: Preliminary Affirmative Determination of Sales at Less
Than Fair Value, Postponement of Final Determination, and Extensions
of Provisional Measures, 89 FR 38046 (May 11, 2024); Aluminum
Extrusions from the United Arab Emirates: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extensions of Provisional Measures, 89 FR
38090 (May 11, 2024); Aluminum Extrusions from the Socialist
Republic of Vietnam: Preliminary Affirmative Determination of Sales
at Less Than Fair Value, Postponement of Final Determination, and
Extensions of Provisional Measures, 89 FR 38075 (May 11, 2024).
\9\ See Memorandum, ``Antidumping Duty Investigations and
Countervailing Duty Investigations of Aluminum Extrusions from
People's Republic of China, Colombia, Ecuador, India, Indonesia,
Italy, the Republic of Korea, Malaysia, Mexico, Taiwan, Thailand,
the Republic of T[uuml]rkiye, the United Arab Emirates, and the
Socialist Republic of Vietnam: Preliminary Scope Decision Memorandum
II,'' dated May 1, 2024 (Preliminary Scope Memorandum II).
\10\ The petitioner is comprised of the U.S. Aluminum Extruders
Coalition and the United Steel, Paper and Forestry, Rubber,
Manufacturing Energy, Allied Industrial and Service Workers
International Union.
\11\ See Preliminary Scope Memorandum II at 2-3; see also the
appendix to this notice.
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Suspension of Liquidation
In each of the preliminary determinations of the LTFV
investigations, Commerce noted that it would direct CBP to suspend
liquidation of entries of subject merchandise based on the scope
language in each notice, where appropriate. Within five days after the
publication of this notice, Commerce will notify CBP of the change in
the scope of the CVD investigations, as provided in the appendix to
this notice, and will direct CBP to continue the suspension of
liquidation, where appropriate.
[[Page 45636]]
Public Comment
In the Preliminary Scope Memorandum II, we invited interested
parties to submit scope comments and information, including new factual
information, regarding the scope language adopted in the Preliminary
Scope Memorandum I and Preliminary Scope Memorandum II. Initial scope
comments are due no later than 5:00 p.m. Eastern Time (ET) on June 5,
2024.\12\ As noted in the Preliminary Scope Memorandum II, to issue a
final scope determination for certain of these products, Commerce is
asking parties to supplement prior submissions with production (e.g.,
technical, installation, or user specifications, bills of materials),
marketing (e.g., brochures, website advertisements), sales (e.g.,
invoices, contracts, packing list), or import documentation (e.g.,
Customs 7501 entry forms, bills of lading), as applicable, to support
product descriptions.\13\ Rebuttal comments, without new factual
information, may be submitted no later than 5:00 p.m. ET on June 12,
2024.\14\ Scope comments and rebuttal comments must be submitted on the
official records of all CVD and LTFV investigations.
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\12\ See Memorandum, ``Extension of Time for Interested Parties
to Submit Scope Comments,'' dated May 16, 2024.
\13\ See Preliminary Scope Memorandum II at 27-28.
\14\ See Memorandum, ``Extension of Time for Interested Parties
to Submit Scope Comments,'' dated May 16, 2024.
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All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\15\ An electronically filed document must be received
successfully in its entirety by the time and date it is due on all
investigation records. Commerce intends to issue final scope analyses
with the final determinations of the CVD and LTFV investigations.\16\
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\17\
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\15\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014).
\16\ Information regarding the ACCESS system can be found at
<a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a user handbook is available
at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\17\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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After the submission of scope comments, Commerce will set a
schedule for the submission of case and rebuttal briefs limited to
scope issues.
Notification to Interested Parties
This notice is issued and published in accordance with section
777(i)(1) of the Act.
Dated: May 17, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the CVD and LTFV Investigations
The merchandise subject to this investigation are aluminum
extrusions, regardless of form, finishing, or fabrication, whether
assembled with other parts or unassembled, whether coated, painted,
anodized, or thermally improved. Aluminum extrusions 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, subject aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designation commencing with the number 1 contain not less
than 99 percent aluminum by weight. Subject aluminum extrusions made
from an aluminum alloy with an Aluminum Association series
designation commencing with the number 3 contain manganese as the
major alloying element, with manganese accounting for not more than
3.0 percent of total materials by weight. Subject aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designation commencing with the number 6 contain 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 scope also includes merchandise made from an aluminum alloy with
an Aluminum Association series designation commencing with the
number 5 (or proprietary equivalents or other certifying body
equivalents) that have a magnesium content accounting for up to but
not more than 2.0 percent of total materials by weight.
The country of origin of the aluminum extrusion is determined by
where the metal is extruded (i.e., pressed through a die).
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.
Subject aluminum extrusions are produced and imported with a
variety of coatings and surface treatments, and types of
fabrication. The types of coatings and treatments applied to
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 bright dip), liquid
painted, electroplated, chromate converted, powder coated,
sublimated, wrapped, and/or bead blasted. Subject aluminum
extrusions may also be fabricated, i.e., prepared for assembly, or
thermally improved. Such operations would include, but are not
limited to, extrusions that are cut-to-length, machined, drilled,
punched, notched, bent, stretched, stretch-formed, hydroformed,
knurled, swedged, mitered, chamfered, threaded, spun, etched, and
engraved. Performing such operations in third countries does not
otherwise remove the merchandise from the scope of the
investigations.
The types of products that meet the definition of subject
merchandise include but are not limited to, the aluminum extrusion
portions of vehicle roof rails and sun/moon roof framing, solar
panel racking rails and framing, tradeshow display fixtures and
framing, parts for tents or clear span structures, fence posts,
drapery rails or rods, electrical conduits, door thresholds,
flooring trim, electric vehicle battery trays, heat sinks, signage
or advertising poles, telescoping poles, or cleaning system
components.
Aluminum extrusions may be heat sinks, which are fabricated
aluminum extrusions that dissipate heat away from a heat source and
may serve other functions, such as structural functions. Heat sinks
come in a variety of sizes and shapes, including but not limited to
a flat electronic heat sink, which is a solid aluminum extrusion
with at least one flat side used to mount electronic or mechanical
devices; a heat sink that is a housing for electronic controls or
motors; lighting heat sinks, which dissipate heat away from LED
devices; and process and exchange heat sinks, which are tube
extrusions with fins or plates used to hold radiator tubing. Heat
sinks are included in the scope, regardless of whether the design
and production of the heat sinks are organized around meeting
specified thermal performance requirements and regardless of whether
they have been tested to comply with such requirements. For purposes
of the investigations on aluminum extrusions from the People's
Republic of China, only heat sinks designed and produced around
meeting specified thermal performance requirements and tested to
comply with such requirements are included in the scope. Excluded
from the scope of the investigations are large, multi-finned
extruded aluminum heat sinks designed to dissipate heat, meeting the
following criteria: (1) an aspect ratio (defined as the ratio of the
area of a void in an extrusion to the size of the smallest gap
opening at the entrance of that void and calculated by dividing the
void area by the square of the gap opening) greater than 15 to 1; or
(2) the circumscribing circle diameter (defined as the diameter of
the smallest circle that will entirely enclose the extrusion's
cross-sectional profile) rounded up to the next half inch, exceeds
10 inches, and the weight-per-foot (defined as the theoretical
weight of the profile as extruded prior to any
[[Page 45637]]
machining that may remove material and calculated by multiplying the
area of the profile in square inches by 1.2) exceeds 3.50 pounds per
foot.
Merchandise that is comprised solely of aluminum extrusions or
aluminum extrusions and fasteners, whether assembled at the time of
importation or unassembled, is covered by the scope in its entirety.
The scope also includes aluminum extrusions contained in
merchandise that is a part or subassembly of a larger whole, whether
or not the merchandise also contains a component other than aluminum
extrusions that is beyond a fastener. Such merchandise may be either
assembled or unassembled at the time of importation. A ``part or
subassembly'' is defined as a unit designed to be attached to, or
incorporated with, one or more other units or components into a
larger completed product. Only the aluminum extrusion portion of the
merchandise described in this paragraph, whether assembled or
unassembled, is subject merchandise included in the scope and
subject to duties. Examples of merchandise that is a part or
subassembly of a larger whole include, but are not limited to,
window parts or subassemblies; door unit parts or subassemblies;
shower and bath parts or subassemblies; solar panel mounting
systems; fenestration system parts or subassemblies, such as curtain
wall and window wall units and parts or subassemblies of
storefronts; furniture parts or subassemblies; appliance parts or
subassemblies, such as fin evaporator coils and systems for
refrigerators; railing or deck system parts or subassemblies; fence
system parts or subassemblies; motor vehicle parts or subassemblies,
such as bumpers for motor vehicles; trailer parts or subassemblies,
such as side walls, flooring, and roofings; electric vehicle
charging station parts or subassemblies; or signage or advertising
system parts or subassemblies. Parts or subassemblies described by
this paragraph that are subject to duties in their entirety pursuant
to existing antidumping and countervailing duty orders (defined as
those antidumping and countervailing duty orders that are in effect
as of the date of publication of the order resulting from this
investigation) are excluded from the scope of the investigation. Any
part or subassembly that otherwise meets the requirements of this
scope and that is not covered by other antidumping and/or
countervailing duty orders remains subject to the scope of the
investigations.
The scope excludes aluminum extrusions contained in fully and
permanently assembled merchandise, if the assembled merchandise is
not a part or subassembly of a larger whole. To be excluded under
this paragraph, the assembled merchandise must also contain a
component other than aluminum extrusions, beyond fasteners. In
addition, to be excluded under this paragraph, the assembled
merchandise must be ready for use as imported, without undergoing
after importation any processing, fabrication, finishing, or
assembly or the addition of parts or material (with the exception of
consumable parts or material or interchangeable media or tooling).
The scope also excludes aluminum extrusions contained in
unassembled merchandise if the unassembled merchandise is not a part
or subassembly of a larger whole. To be excluded under this
paragraph, the unassembled merchandise must also contain a component
other than aluminum extrusions, beyond fasteners. In addition, to be
excluded under this paragraph, the unassembled merchandise must be a
packaged combination of parts that is ready to be assembled as
imported, without undergoing after importation any processing,
fabrication, or finishing or the addition of parts or material (with
the exception of consumable parts or material or interchangeable
media or tooling). To be excluded under this paragraph, the
unassembled merchandise must be sold and enter as a discrete kit on
one Customs entry form.
Examples of such excluded assembled and unassembled merchandise
include windows with glass, door units with door panel and glass,
motor vehicles, trailers, furniture, appliances, and solar panels
and solar modules.
The scope also excludes merchandise containing multiple
subassemblies of a larger whole with non-extruded aluminum
components beyond fasteners. A subassembly that meets the definition
of subject merchandise, including any product expressly identified
as subject merchandise in this scope, can only be excluded if it is
fully and permanently assembled with at least one other different
subassembly, and where (1) at least one of the subassemblies, if
entered individually, would not itself be subject to the scope; (2)
the aluminum extrusions within the merchandise collectively account
for 50 percent or less of the actual weight of the combined multiple
subassemblies (without including any non-extruded aluminum fasteners
in the calculations); and (3) the aluminum extrusions within the
merchandise collectively account for 50 percent or less of the
number of pieces of the combined multiple subassemblies (without
including any non-extruded aluminum fasteners in the calculations).
The scope also includes aluminum extrusions that have been
further processed in a third country, including, but not limited to,
the finishing and fabrication processes described above, assembly,
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would
not otherwise remove the merchandise from the scope if performed in
the country of manufacture of the in-scope product. Third country
processing; finishing; and/or fabrication, including those processes
described in the scope, does not alter the country of origin of the
subject aluminum extrusions.
The following aluminum extrusion products are excluded: aluminum
extrusions made from an aluminum alloy with an Aluminum Association
series designations commencing with the number 2 (or proprietary
equivalents or other certifying body equivalents) and containing in
excess of 1.5 percent copper by weight; aluminum extrusions made
from an aluminum alloy with an Aluminum Association series
designation commencing with the number 5 (or proprietary equivalents
or other certifying body equivalents) and containing in excess of
2.0 percent magnesium by weight; and aluminum extrusions made from
an aluminum alloy with an Aluminum Association series designation
commencing with the number 7 (or proprietary equivalents or other
certifying body equivalents) and containing in excess of 2.0 percent
zinc by weight.
The scope also excludes aluminum alloy sheet or plates produced
by means other than the extrusion process, such as aluminum products
produced by a method of continuous casting or rolling. Cast aluminum
products are also excluded. The scope also excludes 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 (not including proprietary equivalents
or other certifying body equivalents) 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 are extruded drawn solid profiles
made from an aluminum alloy with the Aluminum Association series
designation commencing with the number 1, 3, or 6 (or proprietary
equivalents or other certifying body equivalents), including
variants on individual alloying elements not to circumvent the other
Aluminum Association series designations, which meet each of the
following characteristics: (1) solid cross sectional area greater
than 62.4 mm\2\ and less than 906 mm\2\, (2) minimum electrical
conductivity of 58% of the international annealed copper standard
(IACS) or maximum resistivity of 2.97 [mu][Omega]/cm, (3) a
uniformly applied nonelectrically conductive temperature-resistant
coating co-extruded over characteristic (1) of either polyamide,
cross-linked polyethylene, or silicone rubber material which meets
the following standards: (a) Vicat A temperature threshold of >140
degrees Celsius, (b) flammability requirements of UL 94V-0, and (c)
a minimum coating thickness of 0.10 mm and maximum coating thickness
of 2.0 mm, with a maximum thickness tolerance of +/- 0.20 mm, (4)
characteristic 3 may or may not be encapsulated with a ``Precision
Drawn Tubing,'' wall thicknesses less than 1.2 mm, which is
mechanically fixed in place, and (5) packaged in straight lengths,
bent or formed and/or attached to hardware.
Also excluded from the scope are extruded tubing and drawn over
a ID plug and through a OD die made from an aluminum alloy with the
Aluminum Association series designation commencing with the number
3, 5, or 6 (or proprietary equivalents or other certifying body
equivalents), including variants on individual alloying elements not
to circumvent the other Aluminum Association series designations,
which meet each of the following characteristics: (1) an outside
mean diameter no greater than 30 mm with a
[[Page 45638]]
tolerance less than or equal to +/- 0.10 mm, (2) uniform wall
thickness no greater than 2.7 mm with wall tolerances less than or
equal to +/- 0.1 mm, (3) may be coated with materials, including
zinc, such that the coating material weight is no less than 3 g/m2
and no greater than 30 g/m2, and (4) packaged in continuous coils,
straight lengths, bent or formed.
The scope also excludes fully and permanently assembled glass
refrigerator shelves with decorative aluminum trim meeting the
following characteristics: (1) aluminum trim meeting Aluminum
Association series 6063-T5 designation that is anodized; (2)
aluminum trim length of not more than 800 mm; and (3) aluminum trim
width of not more than 40 mm. Such fully and permanently assembled
glass refrigerator shelves include other components in addition to
the aluminum trim, including, but not limited to, glass, steel, and
plastic. Only fully and permanently assembled glass refrigerator
shelves that require no further processing, fabrication, finishing,
assembly, or the addition of any parts or material are excluded.
Imports of glass refrigerator shelves are classified under HTSUS
8418.99.8050, which is being included for convenience.
Also excluded from the scope of this investigation is certain
rectangular wire, imported in bulk rolls or precut strips and
produced from continuously cast rolled aluminum wire rod, which is
subsequently extruded to dimension to form rectangular wire with or
without rounded edges. The product is made from aluminum alloy grade
1070 or 1370 (not including proprietary equivalents or other
certifying body equivalents), with no recycled metal content
allowed. The dimensions of the wire are 2.95 mm to 6.05 mm in width,
and 0.65 mm to 1.25 mm in thickness. Imports of rectangular wire are
provided for under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 7605.19.0000, 7604.10.5000, or 7616.99.5190.
Also excluded from the scope of the antidumping and
countervailing duty investigations on aluminum extrusions from the
People's Republic of China are all products covered by the scope of
the antidumping and countervailing duty orders on Aluminum
Extrusions from the People's Republic of China. 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, Aluminum Extrusions from the People's
Republic of China). Solely for the investigations on aluminum
extrusions from the People's Republic of China, the following is an
exhaustive list of products where the aluminum extrusion portions
thereof meet the definition of subject merchandise. The language
contained in the rest of the scope applies to this exhaustive list
of products. Merchandise that is not included in the following list
that meets the definition of subject merchandise in the 2011
antidumping and countervailing duty orders on Aluminum Extrusions
from the People's Republic of China remains subject to the earlier
orders. No other section of this scope language that provides
examples of subject merchandise is exhaustive.
The aluminum extrusion portions of the following products are
included in the scope of the investigations on aluminum extrusions
from the People's Republic of China, whether assembled or
unassembled: heat sinks as described above; cleaning system
components like mops and poles; banner stands/back walls; fabric
wall systems; drapery rails; side mount valve controls; water heater
anodes; solar panel mounting systems; automotive heating and cooling
system components; assembled motor cases with stators; louver
assemblies; event d[eacute]cor; window wall units and parts; trade
booths; micro channel heat exchangers; telescoping poles, pole
handles, and pole attachments; flagpoles; wind sign frames; foreline
hose assembly; electronics enclosures; parts and subassemblies for
storefronts, including portal sets; light poles; air duct registers;
outdoor sporting goods parts and subassemblies; glass refrigerator
shelves; aluminum ramps; handicap ramp system parts and
subassemblies; frames and parts for tents and clear span structures;
parts and subassemblies for screen enclosures, patios, and sunrooms;
parts and subassemblies for walkways and walkway covers; aluminum
extrusions for Light Emitting Diode (LED) lights; parts and
subassemblies for screen, storm, and patio doors; pontoon boat parts
and subassemblies, including rub rails, flooring, decking, transom
structures, canopy systems, seating; boat hulls, framing, ladders,
and transom structures; parts and subassemblies for docks, piers,
boat lifts and mounting; recreational and boat trailer parts and
subassemblies, including subframes, crossmembers, and gates; solar
tracker assemblies with gears; garage door framing systems; door
threshold and sill assemblies; highway and bridge signs; bridge,
street, and highway rails; scaffolding, including planks and struts;
railing and support systems; parts and subassemblies for exercise
equipment; weatherstripping; door bottom and sweeps; door seals;
floor transitions and trims; parts and subassemblies for modular
walls and office furniture; truck trailer parts and subassemblies;
boat cover poles, outrigger poles, and rod holders; bleachers and
benches; parts and subassemblies for elevators, lifts, and
dumbwaiters; parts and subassemblies for mirror and framing systems;
window treatments; parts and subassemblies for air foils and fans;
bus and Recreational Vehicle (RV) window frames; sliding door rails;
dock ladders; parts and subassemblies for RV frames and trailers;
awning, canopy, and sunshade structures and their parts and
subassemblies; marine motor mounts; linear lighting housings; and
cluster mailbox systems.
Imports of the subject merchandise are primarily provided for
under the following categories of the HTSUS: 7604.10.1000;
7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090;
7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090;
7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090;
7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010;
7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
Imports of the subject merchandise, including subject
merchandise entered as parts of other products, may also be
classifiable under the following additional HTSUS categories, as
well as other HTSUS categories: 6603.90.8100; 7606.12.3091;
7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015;
7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125;
7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100;
7615.20.0000; 7616.10.9090; 7616.99.1000; 7616.99.5130;
7616.99.5140; 7616.99.5190; 8302.10.3000; 8302.10.6030;
8302.10.6060; 8302.10.6090; 8302.20.0000; 8302.30.3010;
8302.30.3060; 8302.41.3000; 8302.41.6015; 8302.41.6045;
8302.41.6050; 8302.41.6080; 8302.42.3010; 8302.42.3015;
8302.42.3065; 8302.49.6035; 8302.49.6045; 8302.49.6055;
8302.49.6085; 8302.50.0000; 8302.60.3000; 8302.60.9000;
8305.10.0050; 8306.30.0000; 8414.59.6590; 8415.90.8045;
8418.99.8005; 8418.99.8050; 8418.99.8060; 8419.50.5000;
8419.90.1000; 8422.90.0640; 8424.90.9080; 8473.30.2000;
8473.30.5100; 8479.89.9599; 8479.90.8500; 8479.90.9596;
8481.90.9060; 8481.90.9085; 8486.90.0000; 8487.90.0080;
8503.00.9520; 8508.70.0000; 8513.90.2000; 8515.90.2000;
8516.90.5000; 8516.90.8050; 8517.71.0000; 8517.79.0000;
8529.90.7300; 8529.90.9760; 8536.90.8585; 8538.10.0000;
8541.90.0000; 8543.90.8885; 8547.90.0020; 8547.90.0030;
8547.90.0040; 8708.10.3050; 8708.29.5160; 8708.80.6590;
8708.99.6890; 8807.30.0060; 9031.90.9195; 9401.99.9081;
9403.99.1040; 9403.99.9010; 9403.99.9015; 9403.99.9020;
9403.99.9040; 9403.99.9045; 9405.99.4020; 9506.11.4080;
9506.51.4000; 9506.51.6000; 9506.59.4040; 9506.70.2090;
9506.91.0010; 9506.91.0020; 9506.91.0030; 9506.99.0510;
9506.99.0520; 9506.99.0530; 9506.99.1500; 9506.99.2000;
9506.99.2580; 9506.99.2800; 9506.99.5500; 9506.99.6080;
9507.30.2000; 9507.30.4000; 9507.30.6000; 9507.30.8000;
9507.90.6000; and 9603.90.8050.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope is dispositive.
[FR Doc. 2024-11346 Filed 5-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 23, 2024.
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.