Notice2024-22779
Aluminum Extrusions From India: Final Affirmative Determination of Sales at Less Than Fair Value
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
October 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of aluminum extrusions from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2022, through September 30, 2023.
Full Text
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[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80452-80458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22779]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-920]
Aluminum Extrusions From India: Final Affirmative Determination
of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of aluminum extrusions from India are being, or are likely to
be, sold in the United States at less than fair value (LTFV) for the
period of investigation (POI) October 1, 2022, through September 30,
2023.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401
[[Page 80453]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
4521.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of
aluminum extrusions from India.\1\ We invited interested parties to
comment on the Preliminary Determination.\2\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\3\ The deadline for the final determination of this investigation
is now September 26, 2024.
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\1\ See Aluminum Extrusions from India: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 89 FR
38063 (May 7, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ Id. at 38064.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\4\ 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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\4\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Aluminum Extrusions from India,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is aluminum extrusions
from India. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During this investigation, Commerce received scope comments from
interested parties. Commerce issued Preliminary Scope Decision
Memoranda to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\5\ Between May 22, 2024, and June 24, 2024, Commerce received
post-preliminary determination scope comments from interested parties
regarding numerous products and scope-related issues. Between July 20,
2024, and August 19, 2024, Commerce received scope case and rebuttal
briefs from numerous interested parties. We made changes to the scope
of the investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.\6\
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\5\ See Memoranda, ``Preliminary Scope Decision Memorandum,''
dated March 4, 2024, and ``Preliminary Scope Decision Memorandum
II,'' dated May 1, 2024 (collectively Preliminary Scope Decision
Memoranda).
\6\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost information submitted
by Maan Aluminium Limited (Maan Aluminium) for use in our final
determination.\7\ We used standard verification procedures, including
an examination of relevant sales and accounting records, and original
source documents provided by Maan Aluminium.
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\7\ See Memoranda, ``Verification of the Sales Responses of Maan
Aluminium Limited in the Less-Than-Fair-Value Investigation of
Aluminum Extrusions from India,'' dated July 22, 2024 (Sales
Verification Report); and ``Verification of the Cost Responses of
Maan Aluminium Limited in the Antidumping Duty Investigation of
Aluminum Extrusions from India,'' dated August 19, 2024 (Cost
Verification Report).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We made certain changes regarding Maan Aluminium's reported sales
and cost data since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
For the final determination we find, in accordance with sections
776(a)(2)(A) and (D) and 776(b) of the Act, that partial adverse facts
available (AFA) is warranted in calculating the weighted-average
dumping margin for Maan Aluminium. In addition, as discussed in the
Preliminary Determination, Commerce assigned to both the mandatory
respondents in this investigation, Global Aluminium Private Limited
(Global Aluminium) and Maan Aluminium, an estimated weighted-average
dumping margin on the basis of AFA, and partial AFA, respectively
pursuant to sections 776(a) and (b) of the Act.\8\ Additionally, nine
potential exporters and/or producers of aluminum extrusions from India
did not respond to Commerce's quantity and value questionnaire. Thus,
pursuant to sections 776(a) and (b) of the Act, Commerce relied upon
AFA to assign a rate for these nine companies.\9\ There is no new
information on the record that would cause us to revisit our decision
in the Preliminary Determination. Accordingly, for the reasons
explained in the Preliminary Determination, and consistent with
Commerce's practice, as AFA, we assigned the highest corroborated
dumping margin alleged in the Petition to Global Aluminium, Aluka
Extrusions Industries, Banco Aluminium, Ltd., Bhoruka Aluminium, Ltd.,
Century Extrusions, Ltd., Jindal Aluminium, Ltd., KMC Aluminium Pvt.,
Ltd., Mittal Extrusions, Sudal Industries, Ltd., and Superfine Group of
Industries.\10\
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\8\ See Preliminary Determination, 89 FR at 38063.
\9\ Id.
\10\ Id.
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In applying AFA, we are assigning the highest rate alleged in the
petition as the estimated weighted-average dumping margin to these 10
firms. Because this AFA rate is derived from the petition and,
consequently, is based upon secondary information, Commerce must
corroborate the rate to the extent practicable, pursuant to section
776(c) of the Act.
To determine the probative value of the dumping margin of 39.05
percent alleged in the Petition concerning aluminum extrusions from
India, we examined the information on the record. When we compared the
dumping margin of 39.05 percent alleged in the Petition to the
comparison-specific dumping margins we determined for Maan Aluminium in
this investigation (the only mandatory respondent for which we
calculated an estimated weighted-average dumping margin), we found the
rate of 39.05 percent to be above the range of Maan Aluminium's
individually calculated dumping margins.\11\ However, we corroborated
the Petition margin using a component
[[Page 80454]]
approach \12\ by examining the U.S. price and normal value that are the
basis of the dumping margins alleged in the petition compared to the
U.S. prices reported by Maan and the normal values calculated for Maan
in this investigation, thereby finding that the Petition margin is
reliable and relevant, and we have corroborated the highest Petition
margin of 39.05 percent to the extent practicable within the meaning of
section 776(c) of the Act.
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\11\ See Memorandum, ``Aluminum Extrusions--Final Determination
Analysis Memorandum for Maan Aluminium Limited,'' dated concurrently
with this memorandum (Maan's Final Analysis Memorandum).
\12\ See Memorandum, ``Corroboration of Margin Based on Adverse
Facts Available in the Final Determination of the Less-Than-Fair-
Value Investigation of Aluminum Extrusions from India,'' dated
September 30, 2024.
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As such, because we were able to corroborate the rate of 39.05
percent, we assign to Global Aluminium and the nine companies which
failed to respond to Commerce's quantity and value questionnaire the
rate of 39.05 percent in accordance with our practice.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act, i.e., facts otherwise available.
In this investigation, Commerce did not calculate estimated
weighted-average dumping margins for mandatory respondents Maan
Aluminium or Global Aluminium that are not zero, de minimis, or based
entirely on facts otherwise available. Pursuant to section 735(c)(5)(B)
of the Act, Commerce's normal practice under these circumstances is to
calculate the all-others rate as a simple average of the zero percent
rate calculated for Maan Aluminium and the AFA rate assigned to Global
Aluminium.\13\ Accordingly, we have assigned a rate of 19.53 percent as
the rate applicable to all other exporters in this investigation.
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\13\ See, e.g., Fine Denier Polyester Staple Fiber from Taiwan:
Final Affirmative Determination of Sales at Less Than Fair Value, 83
FR 24745 (May 30, 2018); and Heavy Walled Rectangular Welded Carbon
Steel Pipes and Tubes From the Republic of Turkey: Final
Determination of Sales at Less Than Fair Value, 81 FR 47355 (July
21, 2016).
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
------------------------------------------------------------------------
Maan Aluminium Limited.............................. 0.00
Global Aluminium Private Limited.................... * 39.05
Aluka Extrusions Industries......................... * 39.05
Banco Aluminium, Ltd................................ * 39.05
Bhoruka Aluminium, Ltd.............................. * 39.05
Century Extrusions, Ltd............................. * 39.05
Jindal Aluminium, Ltd............................... * 39.05
KMC Aluminium Pvt., Ltd............................. * 39.05
Mittal Extrusions................................... * 39.05
Sudal Industries, Ltd............................... * 39.05
Superfine Group of Industries....................... * 39.05
All Others \14\..................................... 19.53
------------------------------------------------------------------------
* Rates based on AFA.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
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\14\ In the Preliminary Determination, Commerce inadvertently
listed Alom Extrusions Limited and Hindalco Industries as ``non-
selected respondents.'' However, for the final determination, the
all-others' rate is applicable to all companies not selected as a
mandatory respondent or receiving a rate based on the application of
adverse facts available. Thus, for the final determination, these
companies are subject to the all-others' rate, rather than receiving
individual weighted-average dumping margins.
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after May 7, 2024, the date of
publication of the Preliminary Determination in the Federal Register,9
except for the entries of subject merchandise produced and exported by
Maan Aluminium. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice in the Federal
Register, with the exception of entries of subject merchandise produced
and exported by Maan Aluminium, for which no cash deposit is required,
we will instruct CBP to require a cash deposit for estimated
antidumping duties for such entries as follows: (1) the cash deposit
rate for the respondents listed in the table above is the company-
specific estimated weighted-average dumping margins listed for the
respondents in the table; (2) if the exporter is not a respondent
listed in the table above, but the producer is, then the cash deposit
rate is the company-specific estimated weighted-average dumping margins
listed for the producer of the subject merchandise in the table above;
and (3) the cash deposit rate for all other producers and exporters is
the all-others estimated weighted-average dumping margins listed in the
table above.
Because the estimated weighted-average dumping margin for Maan
Aluminium is zero percent, entries of shipments of subject merchandise
that are produced and exported by Maan Aluminium will not be subject to
suspension of liquidation or cash deposit requirements. In such
situations, Commerce also applies the exclusion to the provisional
measures to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce will direct CBP to not suspend
merchandise produced
[[Page 80455]]
and exported by Maan Aluminium. However, entries of subject merchandise
in any other producer/exporter combination, e.g., merchandise produced
by a third party and exported by Maan Aluminium, or produced by Maan
Aluminium and exported by a third party, are subject to suspension of
liquidation at the all-others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by Maan Aluminium,
entries of such merchandise will be excluded from the potential
antidumping duty order. Such an exclusion will not be applicable to
merchandise exported to the United States by this respondent in any
other producer/exporter combinations or by third parties that sourced
subject merchandise from the excluded producer/exporter combination.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of aluminum extrusions no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition 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
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: September 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
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
investigation.
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 investigation 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 machining that may
remove material and
[[Page 80456]]
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.
A fastener is any material or part that serves an attachment
function, fastens two or more components, or serves to prevent or
restrict movement of a component or another item. Examples of
fasteners include, but are not limited to, nuts, bolts, clamps, and
end caps.
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 units
which make up a curtain wall, and window walls and window wall
units, which collectively make up a fenestration system on the side
of a building; 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 order resulting from this investigation)
are excluded from the scope of this 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 investigation.
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. Window walls and window wall units are not
considered windows with glass for purposes of this exclusion.
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
[[Page 80457]]
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 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 mop parts and subassemblies and poles; banner stand
and back wall parts and subassemblies; 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 and 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Treatment of Maan's Indirect Selling and Packing
Expenses
Comment 2: Treatment of Maan's Freight, Insurance, Duty, and
Packing Revenues
Comment 3: Whether Commerce Should Apply Partial AFA to Maan's
Credit Expenses
[[Page 80458]]
Comment 4: Whether Commerce Should Make Changes to Maan's
Reported Scrap Offset
Comment 5: Whether Commerce Should Exclude All Trading Activity
Related Costs From Maan's Reported Direct Material Cost
Comment 6: Whether The Department Should Include in the G&A
Expenses the Omitted Loss On the Sale of Fixed Assets
V. Recommendation
[FR Doc. 2024-22779 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 3, 2024.
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