Notice2024-25012
Aluminum Extrusions From the Socialist Republic of Vietnam: Amended Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
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 28, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending its final affirmative determination in the less than fair value (LTFV) investigation of aluminum extrusions from the Socialist Republic of Vietnam (Vietnam) to correct ministerial errors. The period of investigation is April 1, 2023, through September 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85510-85512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25012]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-837]
Aluminum Extrusions From the Socialist Republic of Vietnam:
Amended Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
final affirmative determination in the less than fair value (LTFV)
investigation of aluminum extrusions from the Socialist Republic of
Vietnam (Vietnam) to correct ministerial errors. The period of
investigation is April 1, 2023, through September 30, 2023.
DATES: Applicable October 28, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
[[Page 85511]]
Background
On October 3, 2024, Commerce published in the Federal Register its
final affirmative determination of sales at LTFV and final affirmative
determination of critical circumstances, in part, in the investigation
of aluminum extrusions from Vietnam.\1\ Also on October 3, 2024, the
petitioners submitted a timely allegation that Commerce made
ministerial errors in the Final Determination.\2\ No other interested
party filed an allegation of a ministerial error or submitted a
rebuttal to the petitioners' ministerial error allegation. We agree
that we made ministerial errors in the Final Determination, and we are
amending the weighted-average dumping margin for East Asia Aluminum
Company Limited (East Asia) and the non-individually examined separate
rate companies. Additionally, due to our revision of the weighted-
average dumping margins, we are amending our final determination of
critical circumstances with respect to these companies.
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\1\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Final Affirmative Determination of Sales at Less Than Fair
Value and Final Affirmative Determination of Critical Circumstances,
in Part, 89 FR 80530 (October 3, 2024) (Final Determination), and
accompanying Issues and Decision Memorandum (IDM).
\2\ See Petitioners' Letter, ``Ministerial Error Allegation,''
dated October 3, 2024. The petitioners are U.S. Aluminum Extruders
Coalition and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union.
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Scope of the Investigation
The product covered by this investigation is aluminum extrusions
from Vietnam. For a complete description of the scope of this
investigation, see Final Determination.\3\
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\3\ See Final Determination, 89 FR at 80533.
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Amendment to the Final Determination
Commerce reviewed the record, and we agree that the errors alleged
by the petitioners constitute ministerial errors within the meaning of
section 735(e) of the Tariff Act of 1930, as amended (the Act) and 19
CFR 351.224(f).\4\ Specifically, we find that we made inadvertent
errors in valuing East Asia's ocean freight and marine insurance
expenses. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final
Determination to reflect the correction of the ministerial errors, as
described in the Ministerial Error Memorandum.\5\ Based on the
corrections, East Asia's final dumping margin changed from 14.15
percent to 16.02 percent. As a result, we are also revising the rate
assigned to the non-individually examined separate rate companies from
14.15 percent to 16.02 percent. The amended estimated weighted-average
dumping margins are listed in the ``Amended Final Determination''
section below.
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\4\ See Memorandum, ``Analysis of Ministerial Error
Allegation,'' dated concurrently with this Federal Register notice
(Ministerial Error Memorandum).
\5\ Id.
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Amendment to the Final Determination of Critical Circumstances, in Part
In the Final Determination, we found that critical circumstances
exist with respect to the Vietnam-wide entity, but critical
circumstances do not exist for imports of aluminum extrusions from
Vietnam with respect to East Asia and the non-individually examined
separate rate companies, pursuant to sections 735(a)(3)(A) and (B) of
the Act, and 19 CFR 351.206.\6\ As a result of our amended final
determination, we now find that importers of aluminum extrusions
exported by East Asia and the non-individually examined separate rate
companies knew or should have known that the exporter was selling the
subject merchandise at less than its fair value and that there would be
material injury by reason of such sales, pursuant to section
735(a)(3)(A)(ii) of the Act, and these imports of subject merchandise
were massive over a relatively short period, pursuant to section
735(a)(3)(B). Accordingly, we are amending our Final Determination to
find that critical circumstances do exist with respect to East Asia and
the non-individually examined separate rate companies. For further
discussion, see Ministerial Error Memorandum.
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\6\ See Final Determination, 89 FR at 80531.
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Amended Final Determination
The amended final estimated weighted-average dumping margins are as
follows:
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Weighted-
average
Exporter Producer dumping
margin
(percent)
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East Asia Aluminum Company Limited.. East Asia Aluminum 16.02
Company Limited.
Austdoor Group Joint Stock Company.. Austdoor Group Joint 16.02
Stock Company.
BKQ Manufacturing and Trading Fravi Vietnam Group 16.02
Company Limited. Joint Stock Company.
Viet Nam Chuangxing Aluminium Vietnam Yongxing 16.02
Company Limited. Aluminium Industry
Co., Ltd.
Do Thanh Aluminium Joint Stock Do Thanh Aluminium 16.02
Company. Joint Stock Company.
Ha Noi DST Joint Stock Company...... Ha Noi DST Joint Stock 16.02
Company.
Euroha Joint Stock Company.......... Euroha Joint Stock 16.02
Company.
Fravi Viet Nam Group Joint Stock Fravi Viet Nam Group 16.02
Company. Joint Stock Company.
Gold Well Co., Ltd.................. Gold Well Co., Ltd.... 16.02
Hong Xin Co., Ltd................... Vietnam Yongxing 16.02
Aluminium Industry
Co., LTD.
Hyundai Aluminum Vina Shareholding Hyundai Aluminum Vina 16.02
Company. Shareholding Company.
KIMSEN Industrial Corporation....... KIMSEN Industrial 16.02
Corporation.
Mien Hua Precision Mechanical Co., Mien Hua Precision 16.02
Ltd. Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock Ngoc Diep Aluminium 16.02
Company. Joint Stock Company.
Nhon Trach Branch of Tung Kuang Nhon Trach Branch of 16.02
Industrial Joint Stock Company. Tung Kuang Industrial
Joint Stock Company.
Northstar Precision (Vietnam) Co., Northstar Precision 16.02
Ltd. (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium Profiles, Sapa Ben Thanh 16.02
Co., Ltd. Aluminium Profiles,
Co., Ltd.
Song Hong Aluminum Shalumi Group Song Hong Aluminum 16.02
Joint Stock Company. Shalumi Group Joint
Stock Company.
Shinyang Metal Korea Co., Ltd....... Shinyang Metal Korea 16.02
Co., Ltd.
Shinyang Metal Vietnam Co., Ltd..... Shinyang Metal Vietnam 16.02
Co., Ltd.
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Tan A Aluminum Company Limited...... Tan A Aluminum Company 16.02
Limited.
Tin An Investment Production Trading Austdoor Group Joint 16.02
Joint Stock Company. Stock Company.
Tin An Investment Production Trading Viet Phap Aluminium 16.02
Joint Stock Company. Factory--Viet Phap
Shal Aluminium Joint
Stock Company.
Tin Kim Plastic Joint Stock Company. Austdoor Group Joint 16.02
Stock Company.
Tin Kim Plastic Joint Stock Company. Viet Phap Aluminium 16.02
Factory--Viet Phap
Shal Aluminium Joint
Stock Company.
Tung Kuang Industrial Joint Stock Tung Kuang Industrial 16.02
Company. Joint Stock Company.
Tung Shin Industrial Co., Ltd....... Tung Shin Industrial 16.02
Co., Ltd.
Vietnam Beta Aluminum Company Vietnam Beta Aluminum 16.02
Limited. Company Limited.
Vietnam Yongxing Aluminium Industry Vietnam Yongxing 16.02
Co., Ltd. Aluminium Industry
Co., Ltd.
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Disclosure
Commerce intends to disclose the calculations performed in this
amended 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).
Amended Cash Deposits and Continuation of Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended final
determination, in accordance with section 735(c)(1)(B) of the Act.
These rates will be effective on the date of publication of this notice
in the Federal Register. These suspension of liquidation instructions
will remain in effect until further notice.
In accordance with section 735(c)(4) of the Act, because Commerce
now finds that critical circumstances exist for East Asia and the non-
individually examined separate rate companies, Commerce intends to
instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of all entries of subject merchandise from these companies
that were entered, or withdrawn from warehouse for consumption on or
after February 7, 2024, which is 90 days before the publication of the
Preliminary Determination \7\ in the Federal Register.
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\7\ See Aluminum Extrusions from the Socialist Republic of
Vietnam: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 89 FR 38075 (May 7, 2024).
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission (ITC) of our amended final
affirmative determination of sales at LTFV. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded or
canceled, 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 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 ``Amended Cash Deposits and
Continuation of Suspension of Liquidation'' section.
Notification to Interested Parties
This amended final determination and notice are issued and
published pursuant to sections 735(d) and 777(i)(1) of the Act, and 19
CFR 351.210(c).
Dated: October 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-25012 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 28, 2024.
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