Notice2024-22784
Aluminum Extrusions From Malaysia: 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 Malaysia 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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<title>Federal Register, Volume 89 Issue 192 (Thursday, October 3, 2024)</title>
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[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80458-80463]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22784]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-826]
Aluminum Extrusions From Malaysia: 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 Malaysia 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: Benjamin Blythe or Paola Aleman Ordaz,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3457 or (202)
482-4031, respectively.
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 Malaysia.\1\ We invited interested parties to
comment on the Preliminary Determination. On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days. The deadline for the final determination in this investigation is
now September 26, 2024.\2\
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\1\ See Aluminum Extrusions from Malaysia: Preliminary
Affirmative Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures, 89 FR 38057 (May 7, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ 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.\3\ 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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\3\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Aluminum Extrusions from Malaysia,'' 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 Malaysia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of 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.\4\ 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.\5\
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\4\ 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).
\5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this notice.
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Verification
Commerce conducted verifications of the sales and cost information
submitted by Genesis Aluminium Industries Sdn. Bhd. (Genesis)/Zenshin
Industries Sdn. Bhd. (Zenshin) \6\ and P.A. Extrusion (M) Sdn. Bhd.
(PAE),\7\ consistent with section 782(i) of the Tariff Act of 1930, as
amended (the Act). Commerce used standard procedures to conduct the
verifications, including examining relevant sales and accounting
records and original source documents provided by Genesis/Zenshin and
PAE.
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\6\ See Memoranda, ``Verification of the Sales Responses of
Genesis Aluminium Industries Sdn. Bhd. and Zenshin Industries Sdn.
Bhd. in the Less-Than-Fair-Value Investigation of Aluminum
Extrusions from Malaysia,'' dated August 12, 2024; and
``Verification of the Cost Response of Genesis Aluminum Industries
SDN BHD in the Less-Than-Fair-Value Investigation of Aluminum
Extrusions from Malaysia,'' dated August 13, 2024.
\7\ See Memoranda, ``Verification of the Sales Response of P.A.
Extrusion (M) Sdn. Bhd. in the Less-Than-Fair-Value Investigation of
Aluminum Extrusions from Malaysia,'' dated August 12, 2024; and
``Verification of the Cost Response of P.A. Resources Berhad. in the
Less Than Fair Value Investigation of Aluminum Extrusions from
Malaysia,'' dated August 12, 2024.
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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
Based on a review of the record and comments received from
interested parties regarding our Preliminary Determination, we made
certain changes to our calculations of Genesis/Zenshin and PAE's
estimated weighted-average dumping margins. For a discussion of these
changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, pursuant sections
776(a) and (b) of the Act, Commerce determined an estimated weighted-
average dumping margin based on adverse facts available (AFA) to EL
Aluminium Billet (M) Sdn Bhd, Kosan Aluminum Extrusion SDN. BHD, and
the Winstar Group. No party commented on our application of AFA.
Accordingly for this final determination, we continue to find that the
application of AFA pursuant to sections 776(a) and (b) of the Act is
warranted to determine the estimated weighted-average dumping margins
for EL Aluminium Billet (M) Sdn Bhd, Kosan Aluminum Extrusion SDN. BHD,
and the Winstar Group.
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
[[Page 80459]]
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.
However, pursuant to section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping margins established for all
exporters and producers individually investigated are zero, de minimis,
or determined entirely under section 776 of the Act (i.e., based
entirely on facts otherwise available or adverse facts available),
Commerce may use any reasonable method to establish the estimated
weighted-average dumping margin for all other producers and exporters.
The SAA clarifies that if the estimated weighted-average dumping
margins established for all exporters and producers individually
investigated are zero, de minimis, or determined entirely under section
776 of the Act, then the expected method for establishing the estimated
all-others rate for exporters and producers not individually
investigated is to weight average the zero and de minimis estimated
weighted-average dumping margins and the estimated weighted-average
dumping margins based on facts available, provided that volume data is
available, unless doing so is not feasible, or the results would not be
reasonably reflective of potential dumping margins for non-investigated
exporters or producers.\8\
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\8\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. 103-316, Vol. 1 (1994) (SAA)
at 873.
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In the final determination, Commerce calculated estimated weighted-
average dumping margins for Genesis/Zenshin and PAE that are equal to
zero and based the dumping margins for the companies that failed to
respond to Commerce's quantity and value (Q&V) questionnaire on AFA.
Further, because the information necessary to calculate a weighted
average was not available, calculating the all-others rate pursuant to
the expected method was not feasible. Accordingly, as another
reasonable method we calculated an all-others rate equal to a simple
average of the two mandatory respondents' zero percent estimated
weighted-average dumping margins and the three estimated weighted-
average dumping margins that Commerce based on AFA and assigned to the
companies that failed to respond to Commerce's Q&V questionnaire.\9\
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\9\ See Issues and Decision Memorandum at Comment 2.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:\10\
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\10\ In the Preliminary Determination, Commerce determined that
Genesis and Zenshin should be collapsed and treated as a single
entity. No party commented on this decision. For this final
determination, Commerce has continued to treat Genesis and Zenshin
as a single entity. Although Commerce selected P.A. Resources Berhad
(PARB) as a mandatory respondent, PARB reported that it is a holding
company that is not involved in the production or exportation of the
merchandise under investigation but that its subsidiary, P.A.
Extrusion (M) Sdn. Bhd., produced the merchandise under
investigation and sold that merchandise to the United States during
the POI. Consequently, Commerce determined an estimated weighted-
average dumping margin for P.A. Extrusion (M) Sdn. Bhd., the only
producer and exporter of the merchandise under consideration owned
by PARB. See Preliminary Determination PDM at 4
------------------------------------------------------------------------
Weighted-average
Exporter/producer dumping margin
(percent)
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Genesis Aluminium Industries Sdn. Bhd.; Zenshin 0.00
Industries Sdn. Bhd................................
P.A. Extrusion (M) Sdn. Bhd......................... 0.00
EL Aluminium Billet (M) Sdn Bhd..................... * 27.51
Kosan Aluminum Extrusion SDN. BHD................... * 27.51
Winstar Group....................................... * 27.51
All Others.......................................... 16.51
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* Rate based on AFA.
Consistent with section 733(b)(3) of the Act, Commerce has
determined that the individually examined respondents listed above with
zero percent estimated weighted-average dumping margins have not sold
subject merchandise at LTFV during the POI.
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).
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 applicable 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, except for the entries of subject merchandise produced and
exported by Genesis/Zenshin and produced and exported by PAE. 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), where appropriate, Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin or
the estimated all-others rate, as follows: (1) the cash deposit rate
for the companies listed above that exported the subject merchandise
will be equal to the company-specific estimated weighted-average
dumping margin determined in this final determination; (2) if the
exporter is not a company identified above but the producer is, then
the cash deposit rate will be equal to the company-specific estimated
weighted-average dumping margin established for that producer of the
subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be equal to the estimated weighted-average
dumping margin for all other producers and exporters.
Because the estimated weighted-average dumping margins for Genesis/
Zenshin and PAE are zero percent, entries of subject merchandise that
are produced and exported by Genesis/Zenshin or produced and exported
by PAE 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.
[[Page 80460]]
Accordingly, Commerce will not be directing CBP to suspend liquidation
of entries of subject merchandise produced and exported by Genesis/
Zenshin or produced and exported by PAE. However, entries of subject
merchandise from these companies with any other producer/exporter
combination (i.e., where Genesis/Zenshin, is either the producer or the
exporter, but not both; and where PAE is either producer or the
exporter, but not both), or entries of subject merchandise exported by
third parties that sourced the subject merchandise from the excluded
producer/exporter combinations, will be subject to suspension of
liquidation and the cash deposit instructions at the all others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by Genesis/Zenshin
and produced and exported by PAE, 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
Genesis/Zenshin or PAE 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 this 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 subject 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
[[Page 80461]]
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 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
[[Page 80462]]
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 <plus-
minus>0.20 mm, (4) characteristic 3 may or may not be encapsulated
with a ``Precision Drawn Tubing,'' wall thicknesses less than 1.2mm,
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 tolerance less than or
equal to <plus-minus>0.10 mm, (2) uniform wall thickness no greater
than 2.7 mm with wall tolerances less than or equal to <plus-
minus>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 3 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 800mm, and (3) aluminum trim
width of not more than 40mm. 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.
[[Page 80463]]
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: Whether Commerce Should Terminate the Investigation
Comment 2: Whether Commerce Correctly Determined the All-Others
Rate
Comment 3: Whether Commerce Incorrectly Applied Two Different
Manufacturer Codes to Genesis/Zenshin
Comment 4: Whether Commerce Erred by Using Sales Outside the POI
in its Analysis
Comment 5: Whether Commerce Should Continue to Apply the Cohen's
d Test to Genesis/Zenshin's U.S. Sales
Comment 6: Whether Genesis/Zenshin is Affiliated with Certain
Press Metal Companies
Comment 7: Whether Genesis/Zenshin is Affiliated with a Home
Market Customer
Comment 8: Whether Commerce Should Correct Genesis/Zenshin's
General and Administrative (G&A) Expense Ratio
Comment 9: Whether Commerce Should Use Genesis/Zenshin's Revised
Sales Data
Comment 10: Whether Certain Sales by PAE are Outside the
Ordinary Course of Trade
Comment 11: Whether Commerce Should Apply Partial Adverse Facts
Available to PAE
Comment 12: Whether Commerce Should Correct its Major Input
Adjustment to PAE's Costs
Comment 13: Whether Commerce Should Correct PAE's G&A Expense
Ratio
Comment 14: Whether Commerce Should Adjust PAE's Total Cost of
Manufacturing
V. Recommendation
[FR Doc. 2024-22784 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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