Notice2024-22786
Aluminum Extrusions From Mexico: Final Affirmative Countervailing Duty Determination
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 countervailable subsidies are being provided to producers and exporters of aluminum extrusions from Mexico. The period of investigation is January 1, 2022, through December 31, 2022.
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 80496-80501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-22786]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-201-861]
Aluminum Extrusions From Mexico: Final Affirmative Countervailing
Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of aluminum extrusions from Mexico. The period of investigation is
January 1, 2022, through December 31, 2022.
DATES: Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT: Christopher Williams or Thomas
Schauer, 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) 482-5166
and (202) 482-0410, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2024, Commerce published the Preliminary Determination
in the Federal Register.\1\ Commerce invited 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 is now September 26, 2024.
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\1\ See Aluminum Extrusions from Mexico: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 17387
(March 11, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM), as corrected in Aluminum
Extrusions from Mexico: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 89 FR 18894-03 (March 15, 2024)
(Preliminary Determination Correction I), and Aluminum Extrusions
from Mexico: Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination; Correction and Retraction, 89 FR
26132 (April 15, 2024) (Preliminary Determination Correction II).
\2\ See Preliminary Determination, 89 FR at 17389.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
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For a complete description of the events that followed the
Preliminary Determination, see 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="http://access.trade.gov">http://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 the Countervailing Duty Investigation
of Aluminum Extrusions from Mexico,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from Mexico. 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
[[Page 80497]]
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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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties are discussed in the Issues and
Decision Memorandum. For a list of the topics discussed, and the issues
raised by parties to which we responded in the Issues and Decision
Memorandum, see Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), between May 7 through May 17, 2024, Commerce conducted
verifications of the subsidy information reported by the Government of
Mexico, Aluminio de Baja California S.A. de C.V. (ABC) and Aluminio
Texcoco S.A. de C.V. (ALUTEX).\7\ We used standard verification
procedures, including an examination of relevant accounting records and
original source documents provided by the respondents.
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\7\ See Memoranda, ``Verification of the Questionnaire Responses
of the Government of Mexico,'' dated May 29, 2024; ``Verfication of
the Questionnaire Responses of Aluminio Baja California S.A. de
C.V.'' dated May 23, 2024; and ``Verification of the Questionnaire
Responses of Aluminio Texcoco, S.A. de C.V.,'' dated May 30, 2024.
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Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\8\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the section ``Use of Facts Available and
Adverse Inferences'' in the accompanying Issues and Decision
Memorandum.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for ABC and ALUTEX and for all other producers/
exporters. For a discussion of these changes, see the Issues and
Decision Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted average
countervailable subsidy rates established for those exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates and any rates based entirely under
section 776 of the Act.
In this investigation, Commerce calculated individual estimated
countervailable subsidy rates for ABC and ALUTEX. The individually
calculated rate for ABC is above de minimis. Because the individually
calculated rate for ALUTEX is de minimis and the other rates we
assigned are based entirely under section 776 of the Act, the estimated
weighted-average rate calculated for ABC is the rate assigned to all
other producers and exporters, pursuant to section 705(c)(5)(A)(i) of
the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period of January 1, 2022, through December
31, 2022: \9\
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\9\ As discussed in the Prelimiary Determination, Commerce
continues to find in this final determination the following company
to be cross-owned with Aluminio de Baja California S.A. de C.V.:
Transformadora ABC, S.A. de C.V. See Preliminary Determination, 89
FR at 17389, n.17. Further, as discussed in the See Preliminary
Determination, Commerce continues to find in this final
determination the following companies to be cross-owned with
Aluminio Texcoco S.A. de C.V.: Extrusiones Met[aacute]licas S.A. de
C.V., NEO Aluminio, S.A. de C.V., and Fundi-met, S.A. de C.V. Id. at
17389, n.18, as corrected in See Preliminary Determination
Correction I and See Preliminary Determination Correction II.
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Subsidy
rate
Company (percent
ad valorem)
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Aluminio de Baja California S.A. de C.V.................... 1.69
Aluminio Texcoco S.A. de C.V............................... ** 0.10
Merit Aluminum Corporation................................. * 77.84
Merit Stamping............................................. * 77.84
Tubos y Perfiles de Aluminio............................... * 77.84
All Others................................................. 1.69
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* This rate is based on AFA.
** De minimis.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after March 11, 2024, the date of
publication of the Preliminary Determination in the Federal Register,
except for ALUTEX and its cross-owned companies because ALUTEX's
preliminary rate was de minimis. In accordance with section 703(d) of
the Act, we instructed CBP to discontinue the suspension of liquidation
of all entries of subject merchandise entered or withdrawn from
warehouse, on or after July 9, 2024, but to continue the suspension of
liquidation of all entries of subject merchandise that were subject to
suspension of liquidation on or before July 8, 2024.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation under section 706(a) of
the Act, and require a cash deposit of estimated countervailing duties
for such entries of subject merchandise, other than those
[[Page 80498]]
produced and exported by ALUTEX and its cross-owned companies because
ALUTEX's rate is de minimis, in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated, and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of aluminum
extrusions from Mexico. As Commerce's final determination is
affirmative, in accordance with section 705(b) of the Act, the ITC will
determine, within 45 days, whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of aluminum extrusions from Mexico. In addition, we
are making available to the ITC all non-privileged and non-proprietary
information related to this investigation. We will allow the ITC access
to all privileged and business proprietary information in our files,
provided the ITC confirms that it will not disclose such information,
either publicly or under an administrative protective order (APO),
without the written consent of the Assistant Secretary for Enforcement
and Compliance. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue a countervailing duty order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise, other
than those produced and exported by ALUTEX and its cross-owned
companies because ALUTEX's rate is de minimis, that are entered, or
withdrawn from warehouse, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Continuation of Suspension of Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
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 violation which is subject to sanction.
Notification to Interested Parties
This final determination is issued and published pursuant to
sections 705(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
[[Page 80499]]
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 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 1.2mm, 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
[[Page 80500]]
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 +/-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 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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Use of Facts Otherwise Available and Adverse Inferences
IV. Changes Since the Preliminary Determination
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
[[Page 80501]]
Comment 1: New Subsidies Allegation for the Transnational
Provision of Unwrought Aluminum for Less Than Adequate Renumeration
Comment 2: Creditworthiness of Respondents
Comment 3: Exclusion of Respondents' Sales Unrelated to
Production Activities
Comment 4: State of Baja California--Law to Promote Investment
and Employment Program
Comment 5: IMMEX and Eighth Rule Programs
Comment 6: VAT Certification Program
VIII. Recommendation
[FR Doc. 2024-22786 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.
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.