[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Notices]
[Pages 52265-52268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24407]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on aluminum
extrusions from the People's Republic of China (PRC). The period of
review (POR) is May 1, 2015, through April 30, 2016. These final
results cover 10 companies and the PRC-wide entity for which an
administrative review was initiated.
DATES: Applicable: November 13, 2017.
FOR FURTHER INFORMATION CONTACT: Deborah Scott or Mark Flessner, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-2657 or (202) 482-6312,
respectively.
[[Page 52266]]
SUPPLEMENTARY INFORMATION:
Background
The Department initiated this review on July 7, 2016.\1\ On June 6,
2017, the Department published the Preliminary Results of this
administrative review.\2\ At that time, we invited interested parties
to comment on the Preliminary Results. On July 6, 2017, we received a
case brief from the Aluminum Extrusions Fair Trade Committee (the
petitioner).\3\ No other parties submitted case or rebuttal briefs.
These final results cover 10 companies and the PRC-wide entity for
which an administrative review was initiated and not rescinded.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation
Notice).
\2\ See Aluminum Extrusions from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission of Review in Part; 2015-2016, 82 FR 26055 (June 6, 2017)
(Preliminary Results), and accompanying preliminary decision
memorandum (Preliminary Decision Memorandum).
\3\ See Petitioner Letter re: Aluminum Extrusions from the
People's Republic of China: Case Brief, dated July 6, 2017.
\4\ This administrative review initially covered 191 companies
and the PRC-wide entity. See Initiation Notice, 81 FR at 44262.
However, the Department rescinded this review with respect to 181
companies for which all administrative review requests were timely
withdrawn. See Preliminary Results, 82 FR at 26056.
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Scope of the Order
The merchandise covered by the Order \5\ is aluminum extrusions
which 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).\6\
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\5\ See Aluminum Extrusions from the People's Republic of China:
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (Order).
\6\ For a complete description of the scope of the Order, see
Memorandum, ``Issues and Decisions Memorandum for the Final Results
of the Antidumping Duty Administrative Review: Aluminum Extrusions
from the People's Republic of China; 2015-2016,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Imports of the subject merchandise are provided for under the
following categories of the Harmonized Tariff Schedule of the United
States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060,
8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95,
7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30,
7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70,
7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94,
8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00,
7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60,
7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30,
8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10,
8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45,
8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15,
8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55,
8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50,
8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05,
8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40,
8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00,
8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00,
8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00,
8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80,
8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00,
9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50,
9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05,
9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10,
9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80,
9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10,
9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51,
9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00,
9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20,
9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30,
9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00,
9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00,
9507.30.60.00, 9507.90.60.00, and 9603.90.80.50.
The subject merchandise entered as parts of other aluminum products
may be classifiable under the following additional Chapter 76
subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well
as under other HTSUS chapters. In addition, fin evaporator coils may be
classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60.
While HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this Order is
dispositive.
Analysis of Comments Received
All issues raised in the case briefs filed by parties in this
review are addressed in the Issues and Decision Memorandum, which is
incorporated herein by reference. A list of the issues which any party
raised, and to which we respond in the Issues and Decision Memorandum,
follows in the appendix to this notice. 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 https://access.trade.gov and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
For the purposes of these final results, the Department made no
changes to the Preliminary Results.
PRC-Wide Entity
For the purposes of the final results of this administrative
review, the Department finds that the following entities are part of
the PRC-wide entity because they failed to submit both a Q&V response
and information to establish eligibility for a separate rate: (1) Kam
Kiu; (2) Atlas Integrated Manufacturing Ltd.; (3) Classic &
Contemporary Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co.,
Ltd.; (5) Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City
Kam Kiu Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium
Industry Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9)
Suzhou New Hongji Precision Part Co.
The Department's change in policy regarding conditional review of
the PRC-wide entity applies to this administrative review.\7\ Under
this policy, the PRC-wide entity will not be under review unless a
party specifically
[[Page 52267]]
requests, or the Department self-initiates, a review of the entity. The
petitioner \8\ requested a review of the PRC-wide entity in the instant
review; therefore, the PRC-wide entity is currently under review and
the rate for the PRC-wide entity is subject to change.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\8\ The petitioner is the Aluminum Extrusions Fair Trade
Committee.
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Adjustments for Countervailable Subsidies
Because no mandatory respondent established eligibility for an
adjustment under section 777A(f) of the Act for countervailable
domestic subsidies, the Department, for these final results, did not
make an adjustment pursuant to section 777A(f) of the Act for
countervailable domestic subsidies for the separate-rate recipients.\9\
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\9\ See Preliminary Decision Memorandum, at 17-18.
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Pursuant to section 772(c)(1)(C) of the Act, we made an adjustment
for countervailable export subsidies for tenKsolar. We calculated this
adjustment as the simple average of the countervailable export
subsidies determined for the mandatory respondents in the 2014 (i.e.,
most recently completed) CVD administrative review \10\ and deducted
this amount from the weighted-average dumping margin assigned to
tenKsolar.\11\ The adjusted rate for tenKsolar is 85.96 percent.
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\10\ Aluminum Extrusions from the People's Republic of China:
Final Results and Partial Rescission of Countervailing Duty
Administrative Review; 2014, 81 FR 92778 (December 20, 2016).
\11\ See Preliminary Decision Memorandum, at 12 and 17-18.
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Pursuant to section 772(c)(1)(C) of the Act, we also made an
adjustment for countervailable export subsidies for the PRC-wide
entity. We adjusted the PRC-wide entity cash deposit rate by the lowest
countervailable export subsidy determined for the mandatory respondents
in the 2014 (i.e., most recently completed) CVD administrative
review.\12\
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\12\ Id., at 17-18.
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Final Results of Review
The Department determines that the following weighted-average
dumping margins exist for the 2015-2016 POR:
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Margin adjusted
Weighted-average for liquidation
Exporter dumping margin and cash deposit
(percent) purposes
(percent)
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tenKsolar (Shanghai) Co., Ltd..... 86.01 85.96
PRC-wide Entity................... 86.01 85.96
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Additionally, as explained above, the Department determines that
the following companies are part of the PRC-wide entity: (1) Kam Kiu;
(2) Atlas Integrated Manufacturing Ltd.; (3) Classic & Contemporary
Inc.; (4) Dongguan Golden Tiger Hardware Industrial Co., Ltd.; (5)
Jiaxing Jackson Travel Products Co., Ltd.; (6) Taishan City Kam Kiu
Aluminium Extrusion Co., Ltd.; (7) Shenyang Yuanda Aluminium Industry
Engineering Co. Ltd.; (8) Sincere Profit Limited; and (9) Suzhou New
Hongji Precision Part Co.
Assessment
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and CBP shall assess, antidumping duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. The Department intends to issue
assessment instructions to CBP 15 days after the date of publication of
the final results of review in the Federal Register. Consistent with
the Department's assessment practice in NME cases, if the Department
determines that an exporter under review had no shipments of subject
merchandise, any suspended entries that entered under the exporter's
case number (i.e., at that exporter's rate) will be liquidated at the
PRC-wide rate.\13\ For the companies eligible for a separate rate, the
Department will instruct CBP to assess antidumping duties on the
company's entries of subject merchandise at the rates listed above in
the section ``Final Results of Review.''
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\13\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For the companies
eligible for a separate rate, the cash deposit rate will that listed
above in the section ``Final Results of Review;'' (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed above
that received a separate rate in a prior segment of this proceeding,
the cash deposit rate will continue to be the exporter-specific rate
published for the most-recently completed segment of this proceeding in
which the exporter was reviewed; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be that established for the PRC-wide
entity, which is 85.96 percent; and (4) for all non-PRC exporters of
subject merchandise which have not received their own rate, the cash
deposit rate will be the rate applicable to the PRC exporter that
supplied that non-PRC exporter with the subject merchandise. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties and/or countervailing
duties prior to liquidation of the relevant entries during this POR.
Failure to comply with this requirement could result in the
Department's presumption that reimbursement of antidumping duties and/
or countervailing duties occurred and the subsequent assessment of
doubled antidumping duties.
Notification to Interested Parties Regarding Administrative Protective
Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance
[[Page 52268]]
with 19 CFR 351.305(a)(3), which continues to govern business
proprietary information in this segment of the proceeding. 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).
Dated: November 3, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Issues
Comment: The Margin Assigned to the PRC-Wide Entity
5. Recommendation
[FR Doc. 2017-24407 Filed 11-9-17; 8:45 am]
BILLING CODE 3510-DS-P