82_FR_19103 82 FR 19025 - Aluminum Extrusions From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders

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)

Page Range19025-19027
FR Document2017-08352

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 Issue 78 (Tuesday, April 25, 2017)
[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]


-----------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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



                                                                                   Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices                                                 19025

                                                       For purposes of this investigation a                 Flooring from the People’s Republic of China,         4412.32.3125; 4412.32.3135; 4412.32.3155;
                                                    ‘‘veneer’’ is a slice of wood regardless of             76 FR 76690 (December 8, 2011) (amended               4412.32.3165; 4412.32.3175; 4412.32.3185;
                                                    thickness which is cut, sliced or sawed from            final determination of sales at less than fair        4412.32.5600; 4412.94.1030; 4412.94.1050;
                                                    a log, bolt, or flitch. The face and back               value and antidumping duty order), and                4412.94.3105; 4412.94.3111; 4412.94.3121;
                                                    veneers are the outermost veneer of wood on             Multilayered Wood Flooring from the                   4412.94.3141; 4412.94.3161; 4412.94.3175;
                                                    either side of the core irrespective of                 People’s Republic of China, 76 FR 76693               4412.94.4100; 4412.99.0600; 4412.99.1020;
                                                    additional surface coatings or covers as                (December 8, 2011) (countervailing duty               4412.99.1030; 4412.99.1040; 4412.99.3110;
                                                    described below.                                        order), as amended by Multilayered Wood               4412.99.3120; 4412.99.3130; 4412.99.3140;
                                                       The core of hardwood and decorative                  Flooring from the People’s Republic of China:         4412.99.3150; 4412.99.3160; 4412.99.3170;
                                                    plywood consists of the layer or layers of one          Amended Antidumping and Countervailing                4412.99.4100; 4412.99.5115; and
                                                    or more material(s) that are situated between           Duty Orders, 77 FR 5484 (February 3, 2012);           4412.99.5710.
                                                    the face and back veneers. The core may be              (4) multilayered wood flooring with a face               Imports of hardwood plywood may also
                                                    composed of a range of materials, including             veneer of bamboo or composed entirely of              enter under HTSUS subheadings
                                                    but not limited to hardwood, softwood,                  bamboo; (5) plywood which has a shape or              4412.39.1000; 4412.39.3000; 4412.39.4011;
                                                    particleboard, or medium-density fiberboard             design other than a flat panel, with the              4412.39.4012; 4412.39.4019; 4412.39.4031;
                                                    (MDF).                                                  exception of any minor processing described           4412.39.4032; 4412.39.4039; 4412.39.4051;
                                                       All hardwood plywood is included within              above; (6) products made entirely from                4412.39.4052; 4412.39.4059; 4412.39.4061;
                                                    the scope of this investigation regardless of           bamboo and adhesives (also known as ‘‘solid           4412.39.4062; 4412.39.4069; 4412.39.5010;
                                                    whether or not the face and/or back veneers             bamboo’’); and (7) Phenolic Film Faced                4412.39.5030; 4412.39.5050; 4412.99.6000;
                                                    are surface coated or covered and whether or            Plyform (PFF), also known as Phenolic                 4412.99.7000; 4412.99.8000; 4412.99.9000;
                                                    not such surface coating(s) or covers obscures          Surface Film Plywood (PSF), defined as a              4412.10.9000; 4412.94.5100; 4412.94.9500;
                                                    the grain, textures, or markings of the wood.           panel with an ‘‘Exterior’’ or ‘‘Exposure 1’’          and 4412.99.9500. While the HTSUS
                                                    Examples of surface coatings and covers                 bond classification as is defined by The              subheadings are provided for convenience
                                                    include, but are not limited to: Ultra violet           Engineered Wood Association, having an                and customs purposes, the written
                                                    light cured polyurethanes; oil or oil-modified          opaque phenolic film layer with a weight              description of the scope of this investigation
                                                    or water based polyurethanes; wax; epoxy-               equal to or greater than 90g/m3 permanently           is dispositive.
                                                    ester finishes; moisture-cured urethanes;               bonded on both the face and back veneers
                                                    paints; stains; paper; aluminum; high                   and an opaque, moisture resistant coating             Appendix II
                                                    pressure laminate; MDF; medium density                  applied to the edges.                                 List of Topics Discussed in the Preliminary
                                                    overlay (MDO); and phenolic film.                          Excluded from the scope of these                   Decision Memorandum
                                                    Additionally, the face veneer of hardwood               investigations are wooden furniture goods
                                                                                                                                                                  I. Summary
                                                    plywood may be sanded; smoothed or given                that, at the time of importation, are fully
                                                                                                                                                                  II. Background
                                                    a ‘‘distressed’’ appearance through such                assembled and are ready for their intended
                                                                                                                                                                  III. Alignment
                                                    methods as hand-scraping or wire brushing.              uses. Also excluded from the scope of these
                                                                                                                                                                  IV. Scope Comments
                                                    All hardwood plywood is included within                 investigations is ‘‘ready to assemble’’
                                                                                                                                                                  V. Scope of the Investigation
                                                    the scope even if it is trimmed; cut-to-size;           (‘‘RTA’’) furniture. RTA furniture is defined
                                                                                                                                                                  VI. Injury Test
                                                    notched; punched; drilled; or has underwent             as furniture packaged for sale for ultimate
                                                                                                                                                                  VII. Application of the CVD Law to Imports
                                                    other forms of minor processing.                        purchase by an end-user that, at the time of
                                                                                                                                                                        From the PRC
                                                       All hardwood and decorative plywood is               importation, includes (1) all wooden
                                                                                                                                                                  VIII. Preliminary Determination of Critical
                                                    included within the scope of this                       components (in finished form) required to
                                                                                                                                                                        Circumstances
                                                    investigation, without regard to dimension              assemble a finished unit of furniture, (2) all
                                                                                                                                                                  IX. Subsidies Valuation
                                                    (overall thickness, thickness of face veneer,           accessory parts (e.g., screws, washers,
                                                                                                                                                                  X. Benchmarks and Interest Rates
                                                    thickness of back veneer, thickness of core,            dowels, nails, handles, knobs, adhesive
                                                                                                                                                                  XI. Use of Facts Otherwise Available and
                                                    thickness of inner veneers, width, or length).          glues) required to assemble a finished unit of
                                                                                                                                                                        Adverse Inferences
                                                    However, the most common panel sizes of                 furniture, and (3) instructions providing
                                                                                                                                                                  XII. Analysis of Programs
                                                    hardwood and decorative plywood are 1219                guidance on the assembly of a finished unit
                                                                                                                                                                  XIII. ITC Notification
                                                    x 1829 mm (48 x 72 inches), 1219 x 2438 mm              of furniture.
                                                                                                                                                                  XIV. Disclosure and Public Comment
                                                    (48 x 96 inches), and 1219 x 3048 mm (48                   Excluded from the scope are kitchen
                                                                                                                                                                  XV. Verification
                                                    x 120 inches).                                          cabinets that, at the time of importation, are
                                                                                                                                                                  XVI. Conclusion
                                                       Subject merchandise also includes                    fully assembled and are ready for their
                                                    hardwood and decorative plywood that has                intended uses. Also excluded from the scope           [FR Doc. 2017–08328 Filed 4–24–17; 8:45 am]
                                                    been further processed in a third country,              of these investigations are RTA kitchen               BILLING CODE 3510–DS–P
                                                    including but not limited to trimming,                  cabinets. RTA kitchen cabinets are defined as
                                                    cutting, notching, punching, drilling, or any           kitchen cabinets packaged for sale for
                                                    other processing that would not otherwise               ultimate purchase by an end-user that, at the         DEPARTMENT OF COMMERCE
                                                    remove the merchandise from the scope of                time of importation, includes (1) all wooden
                                                    the investigation if performed in the country           components (in finished form) required to             International Trade Administration
                                                    of manufacture of the in-scope product.                 assemble a finished unit of cabinetry, (2) all
                                                       The scope of the investigation excludes the          accessory parts (e.g., screws, washers,               [A–570–967, C–570–968]
                                                    following items: (1) Structural plywood (also           dowels, nails, handles, knobs, hooks,
                                                    known as ‘‘industrial plywood’’ or                      adhesive glues) required to assemble a                Aluminum Extrusions From the
                                                    ‘‘industrial panels’’) that is manufactured to          finished unit of cabinetry, and (3)                   People’s Republic of China:
                                                    meet U.S. Products Standard PS 1–09, PS 2–              instructions providing guidance on the                Continuation of Antidumping and
                                                    09, or PS 2–10 for Structural Plywood                   assembly of a finished unit of cabinetry.             Countervailing Duty Orders
                                                    (including any revisions to that standard or               Imports of hardwood plywood are
                                                    any substantially equivalent international              primarily entered under the following                 AGENCY:  Enforcement and Compliance,
                                                    standard intended for structural plywood),              Harmonized Tariff Schedule of the United              International Trade Administration,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    and which has both a face and a back veneer             States (HTSUS) subheadings: 4412.10.0500;             Department of Commerce.
                                                    of coniferous wood; (2) products which have             4412.31.0520; 4412.31.0540; 4412.31.0560;             SUMMARY: As a result of the
                                                    a face and back veneer of cork; (3)                     4412.31.2510; 4412.31.2520; 4412.31.4040;             determinations by the Department of
                                                    multilayered wood flooring, as described in             4412.31.4050; 4412.31.4060; 4412.31.4075;
                                                    the antidumping duty and countervailing                 4412.31.4080; 4412.31.5125; 4412.31.5135;
                                                                                                                                                                  Commerce (Department) and the
                                                    duty orders on Multilayered Wood Flooring               4412.31.5155; 4412.31.5165; 4412.31.5175;             International Trade Commission (ITC)
                                                    from the People’s Republic of China, Import             4412.31.6000; 4412.31.9100; 4412.32.0520;             that revocation of the antidumping duty
                                                    Administration, International Trade                     4412.32.0540; 4412.32.0565; 4412.32.0570;             (AD) and countervailing duty (CVD)
                                                    Administration. See Multilayered Wood                   4412.32.2510; 4412.32.2525; 4412.32.2530;             orders on aluminum extrusions from the


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                                                    19026                           Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices

                                                    People’s Republic of China would likely                 alloys having metallic elements                       The subject merchandise includes
                                                    lead to a continuation or recurrence of                 corresponding to the alloy series                     aluminum extrusions that are finished
                                                    dumping and countervailable subsidies                   designations published by The                         (coated, painted, etc.), fabricated, or any
                                                    and material injury to an industry in the               Aluminum Association commencing                       combination thereof. Subject aluminum
                                                    United States, the Department is                        with the numbers 1, 3, and 6 (or                      extrusions may be described at the time
                                                    publishing a notice of continuation of                  proprietary equivalents or other                      of importation as parts for final finished
                                                    the AD and CVD orders.                                  certifying body equivalents).                         products that are assembled after
                                                    DATES: Effective April 25, 2017.                        Specifically, the subject merchandise                 importation, including, but not limited
                                                    FOR FURTHER INFORMATION CONTACT:                        made from aluminum alloy with an                      to, window frames, door frames, solar
                                                    Tyler Weinhold or Deborah Scott, AD/                    Aluminum Association series                           panels, curtain walls, or furniture. Such
                                                    CVD Operations, Office VI, Enforcement                  designation commencing with the                       parts that otherwise meet the definition
                                                    and Compliance, International Trade                     number 1 contains not less than 99                    of aluminum extrusions are included in
                                                    Administration, U.S. Department of                      percent aluminum by weight. The                       the scope. The scope includes the
                                                    Commerce, 1401 Constitution Avenue                      subject merchandise made from                         aluminum extrusion components that
                                                    NW., Washington, DC 20230; telephone:                   aluminum alloy with an Aluminum                       are attached (e.g., by welding or
                                                    (202) 482–1121 or (202) 482–2657,                       Association series designation                        fasteners) to form subassemblies, i.e.,
                                                    respectively.                                           commencing with the number 3                          partially assembled merchandise unless
                                                                                                            contains manganese as the major                       imported as part of the finished goods
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            alloying element, with manganese                      ‘kit’ defined further below. The scope
                                                    Background                                              accounting for not more than 3.0                      does not include the non-aluminum
                                                       On April 1, 2016, the Department                     percent of total materials by weight. The             extrusion components of subassemblies
                                                    published the notice of initiation of the               subject merchandise is made from an                   or subject kits.
                                                                                                            aluminum alloy with an Aluminum                          Subject extrusions may be identified
                                                    first sunset reviews of the AD and CVD
                                                                                                            Association series designation                        with reference to their end use, such as
                                                    orders on aluminum extrusions from the
                                                                                                            commencing with the number 6                          fence posts, electrical conduits, door
                                                    People’s Republic of China, pursuant to
                                                                                                            contains magnesium and silicon as the                 thresholds, carpet trim, or heat sinks
                                                    section 751(c) of the Tariff Act of 1930,
                                                                                                            major alloying elements, with                         (that do not meet the finished heat sink
                                                    as amended (the Act).1 As a result of the
                                                                                                            magnesium accounting for at least 0.1                 exclusionary language below). Such
                                                    reviews, the Department determined
                                                                                                            percent but not more than 2.0 percent of              goods are subject merchandise if they
                                                    that revocation of the AD order would
                                                                                                            total materials by weight, and silicon                otherwise meet the scope definition,
                                                    likely lead to a continuation or
                                                                                                            accounting for at least 0.1 percent but               regardless of whether they are ready for
                                                    recurrence of dumping, and that
                                                                                                            not more than 3.0 percent of total                    use at the time of importation. The
                                                    revocation of the CVD order would
                                                                                                            materials by weight. The subject                      following aluminum extrusion products
                                                    likely lead to continuation or recurrence
                                                                                                            aluminum extrusions are properly                      are excluded: Aluminum extrusions
                                                    of countervailable subsidies.2 The
                                                                                                            identified by a four-digit alloy series               made from aluminum alloy with an
                                                    Department, therefore, notified the ITC
                                                                                                            without either a decimal point or                     Aluminum Association series
                                                    of the magnitude of the dumping
                                                                                                            leading letter. Illustrative examples from            designations commencing with the
                                                    margins and net countervailable subsidy
                                                                                                            among the approximately 160 registered                number 2 and containing in excess of
                                                    rates likely to prevail should the AD and
                                                                                                            alloys that may characterize the subject              1.5 percent copper by weight; aluminum
                                                    CVD orders be revoked. On March 27,
                                                                                                            merchandise are as follows: 1350, 3003,               extrusions made from aluminum alloy
                                                    2017, the ITC published notice of its
                                                                                                            and 6060.                                             with an Aluminum Association series
                                                    determination, pursuant to sections
                                                                                                               Aluminum extrusions are produced                   designation commencing with the
                                                    751(c) and 752(a) of the Act, that
                                                                                                            and imported in a wide variety of                     number 5 and containing in excess of
                                                    revocation of the AD and CVD orders on
                                                                                                            shapes and forms, including, but not                  1.0 percent magnesium by weight; and
                                                    aluminum extrusions from the People’s                   limited to, hollow profiles, other solid              aluminum extrusions made from
                                                    Republic of China would likely lead to                  profiles, pipes, tubes, bars, and rods.               aluminum alloy with an Aluminum
                                                    a continuation or recurrence of material                Aluminum extrusions that are drawn                    Association series designation
                                                    injury to an industry in the United                     subsequent to extrusion (drawn                        commencing with the number 7 and
                                                    States within a reasonably foreseeable                  aluminum) are also included in the                    containing in excess of 2.0 percent zinc
                                                    time.3                                                  scope.                                                by weight.
                                                    Scope of the Orders                                        Aluminum extrusions are produced                      The scope also excludes finished
                                                                                                            and imported with a variety of finishes               merchandise containing aluminum
                                                      The merchandise covered by the
                                                                                                            (both coatings and surface treatments),               extrusions as parts that are fully and
                                                    orders is aluminum extrusions which
                                                                                                            and types of fabrication. The types of                permanently assembled and completed
                                                    are shapes and forms, produced by an
                                                                                                            coatings and treatments applied to                    at the time of entry, such as finished
                                                    extrusion process, made from aluminum
                                                                                                            subject aluminum extrusions include,                  windows with glass, doors with glass or
                                                      1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
                                                                                                            but are not limited to, extrusions that               vinyl, picture frames with glass pane
                                                    81 FR 18829 (April 1, 2016).                            are mill finished (i.e., without any                  and backing material, and solar panels.
                                                      2 See Aluminum Extrusions From the People’s           coating or further finishing), brushed,               The scope also excludes finished goods
                                                    Republic of China: Final Results of Expedited First     buffed, polished, anodized (including                 containing aluminum extrusions that
                                                    Sunset Review of the Antidumping Duty Order, 81         brightdip anodized), liquid painted, or               are entered unassembled in a ‘‘finished
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    FR 51855 (August 5, 2016) (AD Final Results), and
                                                    Aluminum Extrusions From the People’s Republic
                                                                                                            powder coated. Aluminum extrusions                    goods kit.’’ A finished goods kit is
                                                    of China: Final Results of Expedited First Sunset       may also be fabricated, i.e., prepared for            understood to mean a packaged
                                                    Review of the Countervailing Duty Order, 81 FR          assembly. Such operations would                       combination of parts that contains, at
                                                    51858 (August 5, 2016) (CVD Final Results).             include, but are not limited to,                      the time of importation, all of the
                                                      3 See Certain Aluminum Extrusions From China:
                                                                                                            extrusions that are cut-to-length,                    necessary parts to fully assemble a final
                                                    Investigation Nos. 701–TA–475 and 731–TA–1177,
                                                    792 (Review), USITC Publication 4677 (March
                                                                                                            machined, drilled, punched, notched,                  finished good and requires no further
                                                    2016); see also Aluminum Extrusions From China          bent, stretched, knurled, swedged,                    finishing or fabrication, such as cutting
                                                    Determinations, 82 FR 15716 (March 30, 2017).           mitered, chamfered, threaded, and spun.               or punching, and is assembled ‘‘as is’’


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                                                                                   Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Notices                                                 19027

                                                    into a finished product. An imported                    8302.41.30.00, 8302.41.60.15,                         to section 751(d)(2) of the Act and 19
                                                    product will not be considered a                        8302.41.60.45, 8302.41.60.50,                         CFR 351.218(a), the Department hereby
                                                    ‘‘finished goods kit’’ and therefore                    8302.41.60.80, 8302.42.30.10,                         orders the continuation of the AD and
                                                    excluded from the scope of the                          8302.42.30.15, 8302.42.30.65,                         CVD orders on aluminum extrusions
                                                    investigation merely by including                       8302.49.60.35, 8302.49.60.45,                         from the People’s Republic of China.
                                                    fasteners such as screws, bolts, etc. in                8302.49.60.55, 8302.49.60.85,                            U.S. Customs and Border Protection
                                                    the packaging with an aluminum                          8302.50.00.00, 8302.60.90.00,                         will continue to collect AD and CVD
                                                    extrusion product.                                      8305.10.00.50, 8306.30.00.00,                         cash deposits at the rates in effect at the
                                                       The scope also excludes aluminum                     8414.59.60.90, 8415.90.80.45,                         time of entry for all imports of subject
                                                    alloy sheet or plates produced by other                 8418.99.80.05, 8418.99.80.50,                         merchandise. The effective date of the
                                                    than the extrusion process, such as                     8418.99.80.60, 8419.90.10.00,                         continuation of the orders will be the
                                                    aluminum products produced by a                         8422.90.06.40, 8473.30.20.00,                         date of publication in the Federal
                                                    method of casting. Cast aluminum                        8473.30.51.00, 8479.90.85.00,                         Register of this notice of continuation.
                                                    products are properly identified by four                8486.90.00.00, 8487.90.00.80,                         Pursuant to section 751(c)(2) of the Act,
                                                    digits with a decimal point between the                 8503.00.95.20, 8508.70.00.00,                         the Department intends to initiate the
                                                    third and fourth digit. A letter may also               8515.90.20.00, 8516.90.50.00,                         next five-year sunset reviews of the
                                                    precede the four digits. The following                  8516.90.80.50, 8517.70.00.00,                         orders not later than 30 days prior to the
                                                    Aluminum Association designations are                   8529.90.73.00, 8529.90.97.60,                         fifth anniversary of the effective date of
                                                    representative of aluminum alloys for                   8536.90.80.85, 8538.10.00.00,                         continuation.
                                                    casting: 208.0, 295.0, 308.0, 355.0,                    8543.90.88.80, 8708.29.50.60,                            These five-year sunset reviews and
                                                    C355.0, 356.0, A356.0, A357.0, 360.0,                   8708.80.65.90, 8803.30.00.60,                         this notice are in accordance with
                                                    366.0, 380.0, A380.0, 413.0, 443.0,                     9013.90.50.00, 9013.90.90.00,                         section 751(c) of the Act and published
                                                    514.0, 518.1, and 712.0. The scope also                 9401.90.50.81, 9403.90.10.40,                         pursuant to section 777(i)(1) of the Act
                                                    excludes pure, unwrought aluminum in                    9403.90.10.50, 9403.90.10.85,                         and 19 CFR 351.218(f)(4).
                                                    any form.                                               9403.90.25.40, 9403.90.25.80,                           Dated: April 19, 2017.
                                                       The scope also excludes collapsible                  9403.90.40.05, 9403.90.40.10,                         Ronald K. Lorentzen,
                                                    tubular containers composed of metallic                 9403.90.40.60, 9403.90.50.05,                         Acting Assistant Secretary for Enforcement
                                                    elements corresponding to alloy code                    9403.90.50.10, 9403.90.50.80,                         and Compliance.
                                                    1080A as designated by the Aluminum                     9403.90.60.05, 9403.90.60.10,                         [FR Doc. 2017–08352 Filed 4–24–17; 8:45 am]
                                                    Association where the tubular container                 9403.90.60.80, 9403.90.70.05,                         BILLING CODE 3510–DS–P
                                                    (excluding the nozzle) meets each of the                9403.90.70.10, 9403.90.70.80,
                                                    following dimensional characteristics:                  9403.90.80.10, 9403.90.80.15,
                                                    (1) Length of 37 millimeters (‘‘mm’’) or                9403.90.80.20, 9403.90.80.41,
                                                    62 mm, (2) outer diameter of 11.0 mm                                                                          COMMITTEE FOR THE
                                                                                                            9403.90.80.51, 9403.90.80.61,
                                                    or 12.7 mm, and (3) wall thickness not                                                                        IMPLEMENTATION OF TEXTILE
                                                                                                            9506.11.40.80, 9506.51.40.00,
                                                    exceeding 0.13 mm.                                                                                            AGREEMENTS
                                                                                                            9506.51.60.00, 9506.59.40.40,
                                                       Also excluded from the scope of these                9506.70.20.90, 9506.91.00.10,
                                                    orders are finished heat sinks. Finished                                                                      Determination Under the Textile and
                                                                                                            9506.91.00.20, 9506.91.00.30,                         Apparel Commercial Availability
                                                    heat sinks are fabricated heat sinks                    9506.99.05.10, 9506.99.05.20,
                                                    made from aluminum extrusions the                                                                             Provision of the Dominican Republic-
                                                                                                            9506.99.05.30, 9506.99.15.00,                         Central America-United States Free
                                                    design and production of which are                      9506.99.20.00, 9506.99.25.80,
                                                    organized around meeting certain                                                                              Trade Agreement (‘‘CAFTA–DR
                                                                                                            9506.99.28.00, 9506.99.55.00,                         Agreement’’)
                                                    specified thermal performance                           9506.99.60.80, 9507.30.20.00,
                                                    requirements and which have been                        9507.30.40.00, 9507.30.60.00,                         AGENCY:  Committee for the
                                                    fully, albeit not necessarily                           9507.90.60.00, and 9603.90.80.50.                     Implementation of Textile Agreements.
                                                    individually, tested to comply with                       The subject merchandise entered as                  ACTION: Determination to add a product
                                                    such requirements.                                      parts of other aluminum products may                  in unrestricted quantities to Annex 3.25
                                                       Imports of the subject merchandise                   be classifiable under the following                   of the CAFTA–DR Agreement.
                                                    are provided for under the following                    additional Chapter 76 subheadings:
                                                    categories of the Harmonized Tariff                     7610.10, 7610.90, 7615.19, 7615.20, and               DATES: Effective Date: April 25, 2017.
                                                    Schedule of the United States (HTSUS):                  7616.99, as well as under other HTSUS                 SUMMARY: The Committee for the
                                                    7616.99.51, 8479.89.94, 8481.90.9060,                   chapters. In addition, fin evaporator                 Implementation of Textile Agreements
                                                    8481.90.9085, 9031.90.9195,                             coils may be classifiable under HTSUS                 (‘‘CITA’’) has determined that certain
                                                    8424.90.9080, 9405.99.4020,                             numbers: 8418.99.80.50 and                            woven modal-polyester print fabric, as
                                                    9031.90.90.95, 7616.10.90.90,                           8418.99.80.60. While HTSUS                            specified below, is not available in
                                                    7609.00.00, 7610.10.00, 7610.90.00,                     subheadings are provided for                          commercial quantities in a timely
                                                    7615.10.30, 7615.10.71, 7615.10.91,                     convenience and customs purposes, the                 manner in the CAFTA–DR countries.
                                                    7615.19.10, 7615.19.30, 7615.19.50,                     written descriptions of the scope of                  The product will be added to the list in
                                                    7615.19.70, 7615.19.90, 7615.20.00,                     these orders are dispositive.                         Annex 3.25 of the CAFTA–DR
                                                    7616.99.10, 7616.99.50, 8479.89.98,                                                                           Agreement in unrestricted quantities.
                                                    8479.90.94, 8513.90.20, 9403.10.00,                     Continuation of the Orders
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    9403.20.00, 7604.21.00.00,                                As a result of the determinations by                Maria Goodman, Office of Textiles and
                                                    7604.29.10.00, 7604.29.30.10,                           the Department and the ITC that                       Apparel, U.S. Department of Commerce,
                                                    7604.29.30.50, 7604.29.50.30,                           revocation of the AD order and the CVD                (202) 482–3651.
                                                    7604.29.50.60, 7608.20.00.30,                           order would likely lead to a                             For Further Information Online:
                                                    7608.20.00.90, 8302.10.30.00,                           continuation or recurrence of dumping                 http://web.ita.doc.gov/tacgi/
                                                    8302.10.60.30, 8302.10.60.60,                           and countervailable subsidies,                        CaftaReqTrack.nsf under ‘‘Approved
                                                    8302.10.60.90, 8302.20.00.00,                           respectively, and material injury to an               Requests,’’ Reference number:
                                                    8302.30.30.10, 8302.30.30.60,                           industry in the United States, pursuant               208.2017.03.20.Fabric.BWAandDillards


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Document Created: 2017-04-25 02:18:30
Document Modified: 2017-04-25 02:18:30
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 April 25, 2017.
ContactTyler 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.
FR Citation82 FR 19025 

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