82 FR 19025 - Aluminum Extrusions From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 78 (April 25, 2017)

As a result of the determinations by the Department of Commerce (Department) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD and CVD orders.

[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Notices]
[Pages 19025-19027]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08352]


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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: 
Continuation of Antidumping and Countervailing Duty Orders

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) and countervailing duty (CVD) 
orders on aluminum extrusions from the

[[Page 19026]]

People's Republic of China would likely lead to a continuation or 
recurrence of dumping and countervailable subsidies and material injury 
to an industry in the United States, the Department is publishing a 
notice of continuation of the AD and CVD orders.

DATES: Effective April 25, 2017.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold or Deborah Scott, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-1121 or (202) 
482-2657, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2016, the Department published the notice of initiation 
of the first sunset reviews of the AD and CVD orders on aluminum 
extrusions from the People's Republic of China, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\1\ As a result 
of the reviews, the Department determined that revocation of the AD 
order would likely lead to a continuation or recurrence of dumping, and 
that revocation of the CVD order would likely lead to continuation or 
recurrence of countervailable subsidies.\2\ The Department, therefore, 
notified the ITC of the magnitude of the dumping margins and net 
countervailable subsidy rates likely to prevail should the AD and CVD 
orders be revoked. On March 27, 2017, the ITC published notice of its 
determination, pursuant to sections 751(c) and 752(a) of the Act, that 
revocation of the AD and CVD orders on aluminum extrusions from the 
People's Republic of China would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 81 FR 
18829 (April 1, 2016).
    \2\ See Aluminum Extrusions From the People's Republic of China: 
Final Results of Expedited First Sunset Review of the Antidumping 
Duty Order, 81 FR 51855 (August 5, 2016) (AD Final Results), and 
Aluminum Extrusions From the People's Republic of China: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order, 81 FR 51858 (August 5, 2016) (CVD Final Results).
    \3\ See Certain Aluminum Extrusions From China: Investigation 
Nos. 701-TA-475 and 731-TA-1177, 792 (Review), USITC Publication 
4677 (March 2016); see also Aluminum Extrusions From China 
Determinations, 82 FR 15716 (March 30, 2017).
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Scope of the Orders

    The merchandise covered by the orders 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). Specifically, the subject merchandise 
made from aluminum alloy with an Aluminum Association series 
designation commencing with the number 1 contains not less than 99 
percent aluminum by weight. The subject merchandise made from aluminum 
alloy with an Aluminum Association series designation commencing with 
the number 3 contains manganese as the major alloying element, with 
manganese accounting for not more than 3.0 percent of total materials 
by weight. The subject merchandise is made from an aluminum alloy with 
an Aluminum Association series designation commencing with the number 6 
contains 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 subject aluminum extrusions are properly identified by a 
four-digit alloy series without either a decimal point or leading 
letter. Illustrative examples from among the approximately 160 
registered alloys that may characterize the subject merchandise are as 
follows: 1350, 3003, and 6060.
    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.
    Aluminum extrusions are produced and imported with a variety of 
finishes (both coatings and surface treatments), and types of 
fabrication. The types of coatings and treatments applied to subject 
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 brightdip anodized), 
liquid painted, or powder coated. Aluminum extrusions may also be 
fabricated, i.e., prepared for assembly. Such operations would include, 
but are not limited to, extrusions that are cut-to-length, machined, 
drilled, punched, notched, bent, stretched, knurled, swedged, mitered, 
chamfered, threaded, and spun. The subject merchandise includes 
aluminum extrusions that are finished (coated, painted, etc.), 
fabricated, or any combination thereof. Subject aluminum extrusions may 
be described at the time of importation as parts for final finished 
products that are assembled after importation, including, but not 
limited to, window frames, door frames, solar panels, curtain walls, or 
furniture. Such parts that otherwise meet the definition of aluminum 
extrusions are included in the scope. The scope includes the aluminum 
extrusion components that are attached (e.g., by welding or fasteners) 
to form subassemblies, i.e., partially assembled merchandise unless 
imported as part of the finished goods `kit' defined further below. The 
scope does not include the non-aluminum extrusion components of 
subassemblies or subject kits.
    Subject extrusions may be identified with reference to their end 
use, such as fence posts, electrical conduits, door thresholds, carpet 
trim, or heat sinks (that do not meet the finished heat sink 
exclusionary language below). Such goods are subject merchandise if 
they otherwise meet the scope definition, regardless of whether they 
are ready for use at the time of importation. The following aluminum 
extrusion products are excluded: Aluminum extrusions made from aluminum 
alloy with an Aluminum Association series designations commencing with 
the number 2 and containing in excess of 1.5 percent copper by weight; 
aluminum extrusions made from aluminum alloy with an Aluminum 
Association series designation commencing with the number 5 and 
containing in excess of 1.0 percent magnesium by weight; and aluminum 
extrusions made from aluminum alloy with an Aluminum Association series 
designation commencing with the number 7 and containing in excess of 
2.0 percent zinc by weight.
    The scope also excludes finished merchandise containing aluminum 
extrusions as parts that are fully and permanently assembled and 
completed at the time of entry, such as finished windows with glass, 
doors with glass or vinyl, picture frames with glass pane and backing 
material, and solar panels. The scope also excludes finished goods 
containing aluminum extrusions that are entered unassembled in a 
``finished goods kit.'' A finished goods kit is understood to mean a 
packaged combination of parts that contains, at the time of 
importation, all of the necessary parts to fully assemble a final 
finished good and requires no further finishing or fabrication, such as 
cutting or punching, and is assembled ``as is''

[[Page 19027]]

into a finished product. An imported product will not be considered a 
``finished goods kit'' and therefore excluded from the scope of the 
investigation merely by including fasteners such as screws, bolts, etc. 
in the packaging with an aluminum extrusion product.
    The scope also excludes aluminum alloy sheet or plates produced by 
other than the extrusion process, such as aluminum products produced by 
a method of casting. Cast aluminum products are properly identified by 
four digits with a decimal point between the third and fourth digit. A 
letter may also precede the four digits. The following Aluminum 
Association designations are representative of aluminum alloys for 
casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 
360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The 
scope also excludes pure, 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 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 of these orders are finished heat 
sinks. Finished heat sinks are fabricated heat sinks made from aluminum 
extrusions the design and production of which are organized around 
meeting certain specified thermal performance requirements and which 
have been fully, albeit not necessarily individually, tested to comply 
with such requirements.
    Imports of the subject merchandise are provided for under the 
following categories of the Harmonized Tariff Schedule of the United 
States (HTSUS): 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 descriptions of the scope of these orders are 
dispositive.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order and the CVD order would likely lead to 
a continuation or recurrence of dumping and countervailable subsidies, 
respectively, and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the 
Department hereby orders the continuation of the AD and CVD orders on 
aluminum extrusions from the People's Republic of China.
    U.S. Customs and Border Protection will continue to collect AD and 
CVD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the orders will be the date of publication in the Federal Register 
of this notice of continuation. Pursuant to section 751(c)(2) of the 
Act, the Department intends to initiate the next five-year sunset 
reviews of the orders not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    These five-year sunset reviews and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: April 19, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-08352 Filed 4-24-17; 8:45 am]
 BILLING CODE 3510-DS-P