81_FR_79663 81 FR 79444 - Aluminum Extrusions From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Intent To Rescind Minor Alterations Anti-Circumvention Inquiry

81 FR 79444 - Aluminum Extrusions From the People's Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Intent To Rescind Minor Alterations Anti-Circumvention Inquiry

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79444-79446
FR Document2016-27346

The Department of Commerce (the Department) preliminarily determines that heat-treated extruded aluminum products that meet the chemical specifications for 5050-grade aluminum alloy, regardless of producer, exporter, or importer, constitute later-developed merchandise, and are circumventing the antidumping (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China (PRC). The Department also preliminarily intends to rescind its minor alterations anti-circumvention.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016)
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79444-79446]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27346]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967, C-570-968]


Aluminum Extrusions From the People's Republic of China: 
Affirmative Preliminary Determination of Circumvention of the 
Antidumping and Countervailing Duty Orders and Intent To Rescind Minor 
Alterations Anti-Circumvention Inquiry

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

[[Page 79445]]

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that heat-treated extruded aluminum products that meet the 
chemical specifications for 5050-grade aluminum alloy, regardless of 
producer, exporter, or importer, constitute later-developed 
merchandise, and are circumventing the antidumping (AD) and 
countervailing duty (CVD) orders on aluminum extrusions from the 
People's Republic of China (PRC). The Department also preliminarily 
intends to rescind its minor alterations anti-circumvention.

DATES: Effective November 14, 2016.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD 
Operations, Office VI, Enforcement & Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482-
4947 or (202) 482-0167, respectively.

SUPPLEMENTARY INFORMATION:

Background

    Based on a request from Aluminum Extrusions Fair Trade Committee 
(Petitioner),\1\ on March 21, 2016, the Department initiated its anti-
circumvention inquiry \2\ pursuant to sections 781(c) and (d) of the 
Tariff Act of 1930, as amended (the Act) to determine whether extruded 
aluminum products that meet the chemical specifications for 5050-grade 
aluminum alloy, which are heat-treated, and are exported by China 
Zhongwang Holdings Ltd. and its affiliates (collectively, Zhongwang), 
are circumventing the AD and CVD orders on aluminum extrusions from the 
PRC.\3\ We also indicated in our Initiation Notice that we intended to 
consider whether the inquiry should apply to all such imports of 
extruded aluminum products, regardless of producer, exporter, or 
importer, from the PRC. During the course of the proceeding, the 
Department issued a questionnaire to Zhongwang, who did not respond, 
and also received additional factual information and comments from 
Petitioner and Endura Products Inc., a domestic interested party.
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    \1\ See Letter to the Secretary from Petitioner, ``Aluminum 
Extrusions from the People's Republic of China: Resubmission of 
Circumvention Inquiry Request Pursuant to the Department's 
Request,'' dated December 30, 2015.
    \2\ See Aluminum Extrusions from the People's Republic of China: 
Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21, 
2016) (Initiation Notice).
    \3\ 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, the Orders).
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Scope of the Orders

    The merchandise covered by the Orders are aluminum extrusions from 
the People's Republic of China. The merchandise subject to the orders 
are currently classifiable in the Harmonized Tariff Schedule of the 
United States (HTSUS): 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.
    Products subject to these orders may also enter under HTSUS: 
7610.10, 7610.90, 7615.19, 7615.20, and 7616.99 as well as under other 
HTSUS chapters. Subject merchandise may also enter 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 these Orders is dispositive.\4\
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    \4\ A full description of the scope of the Orders is contained 
in the memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, titled 
``Anti-Circumvention Inquiry Regarding the Antidumping Duty and 
Countervailing Duty Orders on Aluminum Extrusions from the People's 
Republic of China: Preliminary Determination Decision Memorandum'' 
(Preliminary Decision Memorandum), dated concurrently with, and 
adopted by, this notice.
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Merchandise Subject to the Anti-Circumvention Inquiry

    The products covered by this inquiry are heat-treated extruded 
aluminum products that meet the chemical specifications for 5050-grade 
aluminum alloy (inquiry merchandise), regardless of producer, exporter, 
or importer, from the PRC.

Methodology

    The Department has conducted this circumvention inquiry in 
accordance with section 781(d) of the Act and 19 CFR 351.225(j). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary 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 
http://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, the signed Preliminary Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content. A list of topics discussed in the Preliminary 
Decision Memorandum is attached as an Appendix to this notice.

Affirmative Preliminary Determination of Circumvention

    Based on our analysis, as detailed in the Preliminary Decision 
Memorandum,

[[Page 79446]]

we preliminarily find that all imports from the PRC of heat-treated 
extruded aluminum products that meet the chemical specifications for 
5050-grade aluminum alloy, regardless of producer, exporter, or 
importer, constitute later-developed merchandise that is circumventing, 
and should be included within, the scope of the Orders.\5\ In addition, 
if in our final determination we affirm our preliminary determination 
pursuant to section 781(d) of the Act, the Department intends to 
rescind its minor alterations anti-circumvention inquiry pursuant to 
section 781(c) of the Act.
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    \5\ See section 781(d) of the Act and 19 CFR 351.225(i).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(2), the Department will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of 
inquiry merchandise from the PRC (regardless of producer, exporter, or 
importer), entered, or withdrawn from warehouse, for consumption, on or 
after March 21, 2016, the date of publication of the initiation of this 
inquiry. The Department will also instruct CBP to require a cash 
deposit of estimated duties at the rate applicable to the exporter, on 
all unliquidated entries of inquiry merchandise entered, or withdrawn 
from warehouse, for consumption on or after March 21, 2016.

Intent To Consider Certification Requirement

    In light of the Department's preliminary finding of circumvention, 
the Department intends to consider whether to require importers of 
certain aluminum extrusions who claim their merchandise is not subject 
to the Orders to maintain a certification certifying that their 
aluminum extrusions were not produced from heat-treated 5050 grade 
aluminum alloy. The Department intends to invite comments on this 
issue.

Notification to the International Trade Commission

    As discussed in the Preliminary Decision Memorandum, because the 
Department has preliminarily determined, for purposes of sections 
781(d)(1) and (e) of the Act, that the inquiry merchandise does not 
incorporate a significant technological advance or significant 
alteration of an earlier product, the Department is not notifying the 
ITC of its preliminary determination.

Public Comment

    The Department may solicit new factual information in this inquiry. 
Additionally, should a party seek to submit new factual information, 
the Department intends to consider requests to accept new factual 
information on a case-by-case basis.
    The Department will invite comments on this preliminary 
determination and issue a memorandum establishing a briefing schedule. 
Interested parties may submit case briefs and rebuttal briefs within 
the designated timeframe outlined in the memorandum. Rebuttals to case 
briefs are limited to issues raised in the case briefs. Parties who 
submit case or rebuttal briefs are requested to submit with the 
argument: (a) A statement of the issue, (b) a brief summary of the 
argument, and (c) a table of authorities. Parties submitting briefs 
should do so using the Department's electronic filing system, ACCESS.
    Interested parties who wish to request a hearing must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
ACCESS. A written request for a hearing must be received successfully 
in its entirety by the Department's electronic records system, ACCESS, 
by 5:00 p.m. Eastern Time, within 30 days after the date of publication 
of this notice.\6\ Hearing requests should contain the party's name, 
address, and telephone number, the number of participants, and a list 
of the issues parties intend to present at the hearing. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a time and location to be determined.
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    \6\ See 19 CFR 351.310(c).
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Final Determination

    Pursuant to section 781(f) of the Act, the final determination with 
respect to this anti-circumvention inquiry, including the results of 
the Department's analysis of any written comments, will be issued no 
later than January 9, 2017, unless extended.\7\
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    \7\ This date reflect the next business day after the 300 day 
deadline of January 8, 2017. See Notice of Clarification: 
Application of ``Next Business Day'' Rule for Administrative 
Determination Deadlines Pursuant to the Tariff Act of 1930, As 
Amended, 70 FR 24533 (May 10, 2005).
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    This preliminary affirmative anti-circumvention determination is 
published in accordance with section 781(d) of the Act and 19 CFR 
351.225.

    Dated: November 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Anti-Circumvention Inquiry
V. Later-Developed Merchandise Anti-Circumvention Inquiry
VI. Use of Facts Available with an Adverse Inference
VII. Analysis
    A. Commercial Availability
    B. Same General Physical Characteristics
    C. Expectations of the Ultimate Purchasers and Use of 
Merchandise
    D. Advertisement, Display, and Channels of Trade
    E. Additional Analysis
VIII. Preliminary Determination
IX. Intent to Rescind Minor Alterations Anti-Circumvention Inquiry
X. Intent To Consider Certification Requirement
XI. Recommendation

[FR Doc. 2016-27346 Filed 11-10-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  79444                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  composition (expressed in weight                        acceptance criteria 3.2 mm flat bottom hole;          7225.40.1180, 7225.40.3005, 7225.40.3050,
                                                  percentages):                                           and                                                   7226.20.0000, and 7226.91.5000.
                                                     • Carbon 0.23–0.28,                                     (e) Conforming to magnetic particle                   The products subject to the investigation
                                                     • Silicon 0.05–0.20,                                 inspection in accordance with AMS 2301;               may also enter under the following HTSUS
                                                     • Manganese 1.20–1.60,                                  (7) Alloy forged and rolled steel CTL plate        item numbers: 7208.40.6060, 7208.53.0000,
                                                     • Nickel not greater than 1.0,                       over 407 mm in actual thickness and meeting           7208.90.0000, 7210.70.3000, 7210.90.9000,
                                                     • Sulfur not greater than 0.007,                     the following requirements:                           7211.19.1500, 7211.19.2000, 7211.19.4500,
                                                     • Phosphorus not greater than 0.020,                    (a) Made from Electric Arc Furnace melted,         7211.19.6000, 7211.19.7590, 7211.90.0000,
                                                     • Chromium 1.0–2.5,                                  ladle refined & vacuum degassed, alloy steel          7212.40.1000, 7212.40.5000, 7212.50.0000,
                                                     • Molybdenum 0.35–0.80,                              with the following chemical composition               7214.10.0000, 7214.30.0010, 7214.30.0080,
                                                     • Boron 0.002–0.004,                                 (expressed in weight percentages):                    7214.91.0015, 7214.91.0060, 7214.91.0090,
                                                     • Oxygen not greater than 20 ppm,                       • Carbon 0.25–0.30,                                7225.11.0000, 7225.19.0000, 7225.40.5110,
                                                     • Hydrogen not greater than 2 ppm, and                  • Silicon not greater than 0.25,                   7225.40.5130, 7225.40.5160, 7225.40.7000,
                                                     • Nitrogen not greater than 60 ppm;                     • Manganese not greater than 0.50,                 7225.99.0010, 7225.99.0090, 7226.11.1000,
                                                     (b) With a Brinell hardness measured in all             • Nickel 3.0–3.5,                                  7226.11.9060, 7226.19.1000, 7226.19.9000,
                                                  parts of the product including mid thickness               • Sulfur not greater than 0.010,                   7226.91.0500, 7226.91.1530, 7226.91.1560,
                                                  falling within one of the following ranges:                • Phosphorus not greater than 0.020,               7226.91.2530, 7226.91.2560, 7226.91.7000,
                                                     (i) 270–300 HBW,                                        • Chromium 1.0–1.5,                                7226.91.8000, and 7226.99.0180.
                                                     (ii) 290–320 HBW, or                                    • Molybdenum 0.6–0.9,                                 The HTSUS subheadings above are
                                                     (iii) 320–350HBW;                                       • Vanadium 0.08 to 0.12                            provided for convenience and customs
                                                     (c) Having cleanliness in accordance with               • Boron 0.002–0.004,                               purposes only. The written description of the
                                                  ASTM E45 method A (Thin and Heavy): A                      • Oxygen not greater than 20 ppm,                  scope of the investigation is dispositive
                                                  not exceeding 1.5, B not exceeding 1.0, C not              • Hydrogen not greater than 2 ppm, and
                                                  exceeding 0.5, D not exceeding 1.5; and                    • Nitrogen not greater than 60 ppm.                Appendix II—List of Topics
                                                     (d) Conforming to ASTM A578–S9                          (b) Having cleanliness in accordance with
                                                                                                                                                                Discussed in the Preliminary Decision
                                                  ultrasonic testing requirements with                    ASTM E45 method A (Thin and Heavy): A
                                                                                                                                                                Memorandum
                                                  acceptance criteria 2 mm flat bottom hole;              not exceeding 1.0(t) and 0.5(h), B not
                                                     (6) Alloy forged and rolled steel CTL plate          exceeding 1.5(t) and 1.0(h), C not exceeding          1. Summary
                                                  over 407 mm in actual thickness and meeting             1.0(t) and 0.5(h), and D not exceeding 1.5(t)         2. Background
                                                  the following requirements:                             and 1.0(h);                                           3. Period of Investigation
                                                     (a) Made from Electric Arc Furnace melted,              (c) Having the following mechanical                4. Preliminary Determination of Critical
                                                  Ladle refined & vacuum degassed, alloy steel            properties: A Brinell hardness not less than                Circumstances
                                                  with the following chemical composition                 350 HBW measured in all parts of the                  5. Postponement of Final Determination and
                                                  (expressed in weight percentages):                      product including mid thickness; and having                 Extension of Provisional Measures
                                                     • Carbon 0.23–0.28,                                  a Yield Strength of 145ksi or more and UTS            6. Scope Comments
                                                     • Silicon 0.05–0.15,                                 160ksi or more, Elongation of 15% or more             7. Affiliation and Collapsing
                                                     • Manganese 1.20–1.50,                               and Reduction of area 35% or more; having             8. Discussion of the Methodology
                                                     • Nickel not greater than 0.4,                       charpy V at ¥40 degrees F in the transverse              a. Determination of Comparison Method
                                                     • Sulfur not greater than 0.010,                     direction equal or greater than 20 ft. lbs               b. Results of the Differential Pricing
                                                     • Phosphorus not greater than 0.020,                 (single value) and equal or greater than 25 ft.             Analysis
                                                     • Chromium 1.20–1.50,                                lbs (average of 3 specimens);                         9. Date of Sale
                                                     • Molybdenum 0.35–0.55,                                 (d) Conforming to ASTM A578–S9                     10. Product Comparisons
                                                     • Boron 0.002–0.004,                                 ultrasonic testing requirements with                  11. Export Price/Constructed Export Price
                                                     • Oxygen not greater than 20 ppm,                    acceptance criteria 3.2 mm flat bottom hole;          12. Normal Value
                                                     • Hydrogen not greater than 2 ppm, and               and                                                      a. Home Market Viability
                                                     • Nitrogen not greater than 60 ppm;                     (e) Conforming to magnetic particle                   b. Level of Trade
                                                     (b) Having cleanliness in accordance with            inspection in accordance with AMS 2301.                  c. Cost of Production Analysis
                                                  ASTM E45 method A (Thin and Heavy): A                      At the time of the filing of the petition,            1. Calculation of COP
                                                  not exceeding 1.5, B not exceeding 1.5, C not           there was an existing antidumping duty order             2. Test of Comparison Market Sales Prices
                                                  exceeding 1.0, D not exceeding 1.5;                     on certain cut-to-length carbon-quality steel            3. Results of the COP Test
                                                     (c) Having the following mechanical                  plate products from Korea. See Notice of                 d. Calculation of NV Based on Comparison-
                                                  properties:                                             Final Determination of Sales at Less Than                   Market Prices
                                                     (i) With a Brinell hardness not more than            Fair Value: Certain Cut-To-Length Carbon-             13. Currency Conversion
                                                  237 HBW measured in all parts of the                    Quality Steel Plate Products from Korea, 64           14. Conclusion
                                                  product including mid thickness; and having             FR 73,196 (Dep’t Commerce Dec. 29, 1999),             [FR Doc. 2016–27311 Filed 11–10–16; 8:45 am]
                                                  a Yield Strength of 75ksi min and UTS 95ksi             as amended, 65 FR 6,585 (Dep’t Commerce               BILLING CODE 3510–DS–P
                                                  or more, Elongation of 18% or more and                  Feb 10, 2000) (1999 Korea AD Order). The
                                                  Reduction of area 35% or more; having                   scope of the antidumping duty investigation
                                                  charpy V at ¥75 degrees F in the                        with regard to cut-to-length plate from Korea
                                                                                                                                                                DEPARTMENT OF COMMERCE
                                                  longitudinal direction equal or greater than            covers only (1) subject cut-to-length plate not
                                                  15 ft. lbs (single value) and equal or greater          within the physical description of cut-to-
                                                                                                                                                                International Trade Administration
                                                  than 20 ft. lbs (average of 3 specimens) and            length carbon quality steel plate in the 1999
                                                  conforming to the requirements of NACE                  Korea AD Order, regardless of producer or             [A–570–967, C–570–968]
                                                  MR01–75; or                                             exporter; and (2) cut-to-length plate produced
                                                     (ii) With a Brinell hardness not less than           and/or exported by those companies that               Aluminum Extrusions From the
                                                  240 HBW measured in all parts of the                    were excluded or revoked from the 1999
                                                                                                                                                                People’s Republic of China:
                                                  product including mid thickness; and having             Korea AD Order as of April 8, 2016. The only
                                                  a Yield Strength of 90 ksi min and UTS 110              revoked or excluded company is Pohang Iron            Affirmative Preliminary Determination
mstockstill on DSK3G9T082PROD with NOTICES




                                                  ksi or more, Elongation of 15% or more and              and Steel Company, also known as POSCO.               of Circumvention of the Antidumping
                                                  Reduction of area 30% or more; having                      The products subject to the investigation          and Countervailing Duty Orders and
                                                  charpy V at ¥40 degrees F in the                        are currently classified in the Harmonized            Intent To Rescind Minor Alterations
                                                  longitudinal direction equal or greater than            Tariff Schedule of the United States (HTSUS)          Anti-Circumvention Inquiry
                                                  21 ft. lbs (single value) and equal or greater          under item numbers: 7208.40.3030,
                                                  than 31 ft. lbs (average of 3 specimens);               7208.40.3060, 7208.51.0030, 7208.51.0045,             AGENCY:  Enforcement and Compliance,
                                                     (d) Conforming to ASTM A578–S9                       7208.51.0060, 7208.52.0000, 7211.13.0000,             International Trade Administration,
                                                  ultrasonic testing requirements with                    7211.14.0030, 7211.14.0045, 7225.40.1110,             Department of Commerce.


                                             VerDate Sep<11>2014   17:26 Nov 10, 2016   Jkt 241001   PO 00000   Frm 00034   Fmt 4703   Sfmt 4703   E:\FR\FM\14NON1.SGM   14NON1


                                                                             Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices                                                    79445

                                                  SUMMARY:   The Department of Commerce                   Petitioner and Endura Products Inc., a                9506.99.60.80, 9507.30.20.00,
                                                  (the Department) preliminarily                          domestic interested party.                            9507.30.40.00, 9507.30.60.00,
                                                  determines that heat-treated extruded                                                                         9507.90.60.00, and 9603.90.80.50.
                                                                                                          Scope of the Orders
                                                  aluminum products that meet the                                                                                 Products subject to these orders may
                                                  chemical specifications for 5050-grade                    The merchandise covered by the                      also enter under HTSUS: 7610.10,
                                                  aluminum alloy, regardless of producer,                 Orders are aluminum extrusions from                   7610.90, 7615.19, 7615.20, and 7616.99
                                                  exporter, or importer, constitute later-                the People’s Republic of China. The                   as well as under other HTSUS chapters.
                                                  developed merchandise, and are                          merchandise subject to the orders are                 Subject merchandise may also enter
                                                  circumventing the antidumping (AD)                      currently classifiable in the Harmonized              under HTSUS numbers: 8418.99.80.50
                                                  and countervailing duty (CVD) orders                    Tariff Schedule of the United States                  and 8418.99.80.60. While HTSUS
                                                  on aluminum extrusions from the                         (HTSUS): 8481.90.9060, 8481.90.9085,                  subheadings are provided for
                                                  People’s Republic of China (PRC). The                   9031.90.9195, 8424.90.9080,                           convenience and customs purposes, the
                                                  Department also preliminarily intends                   9405.99.4020, 9031.90.90.95,                          written description of the scope of these
                                                  to rescind its minor alterations anti-                  7616.10.90.90, 7609.00.00, 7610.10.00,                Orders is dispositive.4
                                                  circumvention.                                          7610.90.00, 7615.10.30, 7615.10.71,
                                                                                                          7615.10.91, 7615.19.10, 7615.19.30,                   Merchandise Subject to the Anti-
                                                  DATES: Effective November 14, 2016.                                                                           Circumvention Inquiry
                                                                                                          7615.19.50, 7615.19.70, 7615.19.90,
                                                  FOR FURTHER INFORMATION CONTACT:                        7615.20.00, 7616.99.10, 7616.99.50,                      The products covered by this inquiry
                                                  Scott Hoefke or Erin Kearney, AD/CVD                    8479.89.98, 8479.90.94, 8513.90.20,                   are heat-treated extruded aluminum
                                                  Operations, Office VI, Enforcement &                    9403.10.00, 9403.20.00, 7604.21.00.00,                products that meet the chemical
                                                  Compliance, International Trade                         7604.29.10.00, 7604.29.30.10,                         specifications for 5050-grade aluminum
                                                  Administration, U.S. Department of                      7604.29.30.50, 7604.29.50.30,                         alloy (inquiry merchandise), regardless
                                                  Commerce, 14th Street and Constitution                  7604.29.50.60, 7608.20.00.30,                         of producer, exporter, or importer, from
                                                  Avenue NW., Washington, DC, 20230;                      7608.20.00.90, 8302.10.30.00,                         the PRC.
                                                  telephone: (202) 482–4947 or (202) 482–                 8302.10.60.30, 8302.10.60.60,
                                                  0167, respectively.                                     8302.10.60.90, 8302.20.00.00,                         Methodology
                                                  SUPPLEMENTARY INFORMATION:                              8302.30.30.10, 8302.30.30.60,                            The Department has conducted this
                                                  Background                                              8302.41.30.00, 8302.41.60.15,                         circumvention inquiry in accordance
                                                                                                          8302.41.60.45, 8302.41.60.50,                         with section 781(d) of the Act and 19
                                                    Based on a request from Aluminum                      8302.41.60.80, 8302.42.30.10,                         CFR 351.225(j). For a full description of
                                                  Extrusions Fair Trade Committee                         8302.42.30.15, 8302.42.30.65,                         the methodology underlying our
                                                  (Petitioner),1 on March 21, 2016, the                   8302.49.60.35, 8302.49.60.45,                         conclusions, see the Preliminary
                                                  Department initiated its anti-                          8302.49.60.55, 8302.49.60.85,                         Decision Memorandum. The
                                                  circumvention inquiry 2 pursuant to                     8302.50.00.00, 8302.60.90.00,                         Preliminary Decision Memorandum is a
                                                  sections 781(c) and (d) of the Tariff Act               8305.10.00.50, 8306.30.00.00,                         public document and is on file
                                                  of 1930, as amended (the Act) to                        8414.59.60.90, 8415.90.80.45,                         electronically via Enforcement and
                                                  determine whether extruded aluminum                     8418.99.80.05, 8418.99.80.50,                         Compliance’s Antidumping and
                                                  products that meet the chemical                         8418.99.80.60, 8419.90.10.00,
                                                  specifications for 5050-grade aluminum                                                                        Countervailing Duty Centralized
                                                                                                          8422.90.06.40, 8473.30.20.00,                         Electronic Service System (‘‘ACCESS’’).
                                                  alloy, which are heat-treated, and are                  8473.30.51.00, 8479.90.85.00,
                                                  exported by China Zhongwang Holdings                                                                          ACCESS is available to registered users
                                                                                                          8486.90.00.00, 8487.90.00.80,                         at http://access.trade.gov and is
                                                  Ltd. and its affiliates (collectively,                  8503.00.95.20, 8508.70.00.00,
                                                  Zhongwang), are circumventing the AD                                                                          available to all parties in the Central
                                                                                                          8515.90.20.00, 8516.90.50.00,                         Records Unit, room B8024 of the main
                                                  and CVD orders on aluminum                              8516.90.80.50, 8517.70.00.00,
                                                  extrusions from the PRC.3 We also                                                                             Department of Commerce building. In
                                                                                                          8529.90.73.00, 8529.90.97.60,                         addition, the signed Preliminary
                                                  indicated in our Initiation Notice that                 8536.90.80.85, 8538.10.00.00,
                                                  we intended to consider whether the                                                                           Decision Memorandum can be accessed
                                                                                                          8543.90.88.80, 8708.29.50.60,                         directly at http://enforcement.trade.gov/
                                                  inquiry should apply to all such imports                8708.80.65.90, 8803.30.00.60,
                                                  of extruded aluminum products,                                                                                frn/index.html. The signed and
                                                                                                          9013.90.50.00, 9013.90.90.00,                         electronic versions of the Preliminary
                                                  regardless of producer, exporter, or                    9401.90.50.81, 9403.90.10.40,
                                                  importer, from the PRC. During the                                                                            Decision Memorandum are identical in
                                                                                                          9403.90.10.50, 9403.90.10.85,                         content. A list of topics discussed in the
                                                  course of the proceeding, the                           9403.90.25.40, 9403.90.25.80,
                                                  Department issued a questionnaire to                                                                          Preliminary Decision Memorandum is
                                                                                                          9403.90.40.05, 9403.90.40.10,                         attached as an Appendix to this notice.
                                                  Zhongwang, who did not respond, and                     9403.90.40.60, 9403.90.50.05,
                                                  also received additional factual                        9403.90.50.10, 9403.90.50.80,                         Affirmative Preliminary Determination
                                                  information and comments from                           9403.90.60.05, 9403.90.60.10,                         of Circumvention
                                                     1 See Letter to the Secretary from Petitioner,
                                                                                                          9403.90.60.80, 9403.90.70.05,                           Based on our analysis, as detailed in
                                                  ‘‘Aluminum Extrusions from the People’s Republic
                                                                                                          9403.90.70.10, 9403.90.70.80,                         the Preliminary Decision Memorandum,
                                                  of China: Resubmission of Circumvention Inquiry         9403.90.80.10, 9403.90.80.15,
                                                  Request Pursuant to the Department’s Request,’’         9403.90.80.20, 9403.90.80.41,                           4 A full description of the scope of the Orders is
                                                  dated December 30, 2015.                                9403.90.80.51, 9403.90.80.61,                         contained in the memorandum to Paul Piquado,
                                                     2 See Aluminum Extrusions from the People’s
                                                                                                          9506.11.40.80, 9506.51.40.00,                         Assistant Secretary for Enforcement and
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                                                  Republic of China: Initiation of Anti-Circumvention                                                           Compliance, from Christian Marsh, Deputy
                                                  Inquiry, 81 FR 15039 (March 21, 2016) (Initiation       9506.51.60.00, 9506.59.40.40,                         Assistant Secretary for Antidumping and
                                                  Notice).                                                9506.70.20.90, 9506.91.00.10,                         Countervailing Duty Operations, titled ‘‘Anti-
                                                     3 See Aluminum Extrusions from the People’s          9506.91.00.20, 9506.91.00.30,                         Circumvention Inquiry Regarding the Antidumping
                                                  Republic of China: Antidumping Duty Order, 76 FR        9506.99.05.10, 9506.99.05.20,                         Duty and Countervailing Duty Orders on Aluminum
                                                  30650 (May 26, 2011) and Aluminum Extrusions                                                                  Extrusions from the People’s Republic of China:
                                                  from the People’s Republic of China: Countervailing
                                                                                                          9506.99.05.30, 9506.99.15.00,                         Preliminary Determination Decision Memorandum’’
                                                  Duty Order, 76 FR 30653 (May 26, 2011)                  9506.99.20.00, 9506.99.25.80,                         (Preliminary Decision Memorandum), dated
                                                  (collectively, the Orders).                             9506.99.28.00, 9506.99.55.00,                         concurrently with, and adopted by, this notice.



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                                                  79446                      Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices

                                                  we preliminarily find that all imports                  Public Comment                                            Dated: November 3, 2016.
                                                  from the PRC of heat-treated extruded                                                                           Paul Piquado,
                                                  aluminum products that meet the                            The Department may solicit new
                                                                                                                                                                  Assistant Secretary for Enforcement and
                                                  chemical specifications for 5050-grade                  factual information in this inquiry.                    Compliance.
                                                  aluminum alloy, regardless of producer,                 Additionally, should a party seek to
                                                                                                          submit new factual information, the                     Appendix—List of Topics Discussed in
                                                  exporter, or importer, constitute later-
                                                                                                          Department intends to consider requests                 the Preliminary Decision Memorandum
                                                  developed merchandise that is
                                                  circumventing, and should be included                   to accept new factual information on a                  I. Summary
                                                  within, the scope of the Orders.5 In                    case-by-case basis.                                     II. Background
                                                  addition, if in our final determination                    The Department will invite comments                  III. Scope of the Orders
                                                  we affirm our preliminary                               on this preliminary determination and                   IV. Merchandise Subject to the Anti-
                                                                                                          issue a memorandum establishing a                             Circumvention Inquiry
                                                  determination pursuant to section                                                                               V. Later-Developed Merchandise Anti-
                                                  781(d) of the Act, the Department                       briefing schedule. Interested parties may
                                                                                                                                                                        Circumvention Inquiry
                                                  intends to rescind its minor alterations                submit case briefs and rebuttal briefs                  VI. Use of Facts Available with an Adverse
                                                  anti-circumvention inquiry pursuant to                  within the designated timeframe                               Inference
                                                  section 781(c) of the Act.                              outlined in the memorandum. Rebuttals                   VII. Analysis
                                                                                                          to case briefs are limited to issues raised                A. Commercial Availability
                                                  Suspension of Liquidation                               in the case briefs. Parties who submit                     B. Same General Physical Characteristics
                                                    In accordance with 19 CFR                             case or rebuttal briefs are requested to                   C. Expectations of the Ultimate Purchasers
                                                                                                          submit with the argument: (a) A                               and Use of Merchandise
                                                  351.225(l)(2), the Department will direct                                                                          D. Advertisement, Display, and Channels
                                                  U.S. Customs and Border Protection                      statement of the issue, (b) a brief
                                                                                                          summary of the argument, and (c) a                            of Trade
                                                  (CBP) to suspend liquidation of inquiry                                                                            E. Additional Analysis
                                                  merchandise from the PRC (regardless of                 table of authorities. Parties submitting                VIII. Preliminary Determination
                                                  producer, exporter, or importer),                       briefs should do so using the                           IX. Intent to Rescind Minor Alterations Anti-
                                                  entered, or withdrawn from warehouse,                   Department’s electronic filing system,                        Circumvention Inquiry
                                                  for consumption, on or after March 21,                  ACCESS.                                                 X. Intent To Consider Certification
                                                  2016, the date of publication of the                       Interested parties who wish to request                     Requirement
                                                  initiation of this inquiry. The                         a hearing must submit a written request                 XI. Recommendation
                                                  Department will also instruct CBP to                    to the Assistant Secretary for                          [FR Doc. 2016–27346 Filed 11–10–16; 8:45 am]
                                                  require a cash deposit of estimated                     Enforcement and Compliance, U.S.                        BILLING CODE 3510–DS–P
                                                  duties at the rate applicable to the                    Department of Commerce, filed
                                                  exporter, on all unliquidated entries of                electronically using ACCESS. A written
                                                  inquiry merchandise entered, or                         request for a hearing must be received                  DEPARTMENT OF COMMERCE
                                                  withdrawn from warehouse, for                           successfully in its entirety by the
                                                                                                          Department’s electronic records system,                 International Trade Administration
                                                  consumption on or after March 21,
                                                  2016.                                                   ACCESS, by 5:00 p.m. Eastern Time,                      [A–428–844]
                                                                                                          within 30 days after the date of
                                                  Intent To Consider Certification                        publication of this notice.6 Hearing                    Certain Carbon and Alloy Steel Cut-to-
                                                  Requirement                                             requests should contain the party’s                     Length Plate From the Federal
                                                     In light of the Department’s                         name, address, and telephone number,                    Republic of Germany: Preliminary
                                                  preliminary finding of circumvention,                   the number of participants, and a list of               Determination of Sales at Less Than
                                                  the Department intends to consider                      the issues parties intend to present at                 Fair Value and Postponement of Final
                                                  whether to require importers of certain                 the hearing. If a request for a hearing is              Determination
                                                  aluminum extrusions who claim their                     made, the Department intends to hold
                                                                                                          the hearing at the U.S. Department of                   AGENCY:   Enforcement and Compliance,
                                                  merchandise is not subject to the Orders                                                                        International Trade Administration,
                                                  to maintain a certification certifying that             Commerce, 14th Street and Constitution
                                                                                                          Avenue NW., Washington, DC 20230, at                    Department of Commerce.
                                                  their aluminum extrusions were not                                                                              SUMMARY: The Department of Commerce
                                                  produced from heat-treated 5050 grade                   a time and location to be determined.
                                                                                                                                                                  (the Department) preliminarily
                                                  aluminum alloy. The Department                          Final Determination                                     determines that certain carbon and alloy
                                                  intends to invite comments on this                                                                              steel cut-to-length plate (CTL plate)
                                                  issue.                                                    Pursuant to section 781(f) of the Act,
                                                                                                          the final determination with respect to                 from the Federal Republic of Germany
                                                  Notification to the International Trade                 this anti-circumvention inquiry,                        (Germany) is being, or is likely to be,
                                                  Commission                                              including the results of the                            sold in the United States at less than fair
                                                                                                          Department’s analysis of any written                    value (LTFV). The period of
                                                    As discussed in the Preliminary                                                                               investigation (POI) is April 1, 2015,
                                                  Decision Memorandum, because the                        comments, will be issued no later than
                                                                                                          January 9, 2017, unless extended.7                      through March 31, 2016. The estimated
                                                  Department has preliminarily                                                                                    weighted-average dumping margins of
                                                  determined, for purposes of sections                      This preliminary affirmative anti-                    sales at LTFV are shown in the
                                                  781(d)(1) and (e) of the Act, that the                  circumvention determination is                          ‘‘Preliminary Determination’’ section of
                                                  inquiry merchandise does not                            published in accordance with section                    this notice. Interested parties are invited
                                                                                                          781(d) of the Act and 19 CFR 351.225.
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                                                  incorporate a significant technological                                                                         to comment on this preliminary
                                                  advance or significant alteration of an                                                                         determination.
                                                  earlier product, the Department is not                    6 See 19 CFR 351.310(c).
                                                  notifying the ITC of its preliminary                      7 This date reflect the next business day after the   DATES: Effective November 14, 2016.
                                                  determination.                                          300 day deadline of January 8, 2017. See Notice of      FOR FURTHER INFORMATION CONTACT:    Ross
                                                                                                          Clarification: Application of ‘‘Next Business Day’’
                                                                                                          Rule for Administrative Determination Deadlines
                                                                                                                                                                  Belliveau or David J. Goldberger, AD/
                                                    5 See section 781(d) of the Act and 19 CFR            Pursuant to the Tariff Act of 1930, As Amended, 70      CVD Operations, Office II, Enforcement
                                                  351.225(i).                                             FR 24533 (May 10, 2005).                                and Compliance, International Trade


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Document Created: 2018-10-24 10:47:48
Document Modified: 2018-10-24 10:47:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 14, 2016.
ContactScott Hoefke or Erin Kearney, AD/CVD Operations, Office VI, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC, 20230; telephone: (202) 482- 4947 or (202) 482-0167, respectively.
FR Citation81 FR 79444 

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