82 FR 34630 - Aluminum Extrusions From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Rescission of Minor Alterations Anti-Circumvention Inquiry
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 142 (July 26, 2017)
International Trade Administration
Federal Register Volume 82, Issue 142 (July 26, 2017)
| Page Range | 34630-34632 | |
| FR Document | 2017-15683 |
[Federal Register Volume 82, Number 142 (Wednesday, July 26, 2017)] [Notices] [Pages 34630-34632] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15683] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-967, C-570-968] Aluminum Extrusions From the People's Republic of China: Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Rescission of Minor Alterations Anti- Circumvention Inquiry AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) 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 rescinds its minor alterations anti-circumvention inquiry. DATES: Effective July 26, 2017. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Erin Kearney, AD/CVD Operations, Office VI, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Background On March 21, 2016, the Department published its notice of initiation of this anti-circumvention inquiry.\1\ The Department published the Preliminary [[Page 34631]] Determination of the anti-circumvention inquiry of aluminum extrusions from the PRC on November 14, 2016.\2\ --------------------------------------------------------------------------- \1\ See Aluminum Extrusions from the People's Republic of China: Initiation of Anti-Circumvention Inquiry, 81 FR 15039 (March 21, 2016) (Initiation Notice). \2\ See Aluminum Extrusions from the People's Republic of China: Initiation of Anti-Circumvention Inquiry: Affirmative Preliminary Determination of Circumvention of the Antidumping and Countervailing Duty Orders and Intent To Rescind Minor Alterations Anti- Circumvention Inquiry, 81 FR 79444 (November 14, 2016) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. See also 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). --------------------------------------------------------------------------- A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum is a public document, and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at 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, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \3\ See Memorandum re: Anti-Circumvention Inquiry Regarding the Antidumping Duty and Countervailing Duty Orders on Aluminum Extrusions from the People's Republic of China: Issues and Decision Memorandum (Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. --------------------------------------------------------------------------- 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): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and 9603.90.80.50. 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\ --------------------------------------------------------------------------- \4\ For a complete description of the scope of the Orders, see the ``Scope of the Orders,'' in Issues and Decision Memorandum. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this inquiry are addressed in the Issues and Decision Memorandum. A list of these issues is attached in the Appendix to this notice. Final Affirmative Determination of Circumvention In accordance with 781(d) of the Tariff Act of 1930, as amended (the Act), we continue to 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\ --------------------------------------------------------------------------- \5\ See section 781(d) of the Act and 19 CFR 351.225(j). --------------------------------------------------------------------------- Rescission of Minor Alterations Anti-Circumvention Inquiry In light of the Department's final affirmative determination of circumvention pursuant to section 781(d) of the Act, the Department rescinds its minor alterations anti-circumvention inquiry pursuant to section 781(c) of the Act. Suspension of Liquidation In accordance with 19 CFR 351.225(l)(2), the Department will direct U.S. Customs and Border Protection (CBP) to continue 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, until appropriate liquidation instructions are issued.\6\ The Department will also instruct CBP to continue 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. --------------------------------------------------------------------------- \6\ See Initiation Notice. --------------------------------------------------------------------------- Certification Requirement In light of the Department's preliminary finding of circumvention, the Department considered whether to require importers of certain aluminum extrusions who claim the imported merchandise is not subject to the Orders to certify that the aluminum extrusions were not produced from heat-treated 5050-grade aluminum alloy. Based on the Department's analysis of comments received, the Department will not [[Page 34632]] require importers to maintain a certification at this time.\7\ --------------------------------------------------------------------------- \7\ See Issues and Decision Memorandum, at Comment 4, for further detail. --------------------------------------------------------------------------- Notification to the International Trade Commission As discussed in the Issues and Decision Memorandum, because the Department has determined, for purposes of sections 781(d)(1) and (e) of the Act, that the later-developed inquiry merchandise does not incorporate a significant technological advance or significant alteration of an earlier product, the Department did not notify the International Trade Commission of its proposed inclusion of the inquiry merchandise within the Orders. This affirmative anti-circumvention determination is published in accordance with section 781(d) of the Act and 19 CFR 351.225. Dated: July 20, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Merchandise Subject to the Anti-Circumvention Inquiry V. Discussion of the Issues 1. The Department's Authority To Conduct an Anti-Circumvention Inquiry 2. Later-Developed Merchandise and Commercial Availability 3. Scope Exclusion 4. Country-Wide Ruling 5. Certification Requirement 6. Effective Cash Deposit Date VI. Rescission of Minor Alterations Anti-Circumvention Inquiry VII. Recommendation [FR Doc. 2017-15683 Filed 7-25-17; 8:45 am] BILLING CODE 3510-DS-P
![34630 Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
• Is not co-venturing with another project audit, or verification of accounts If the size of the material is too small
entity; and on Form RD 3560–10, ‘‘Borrower to include the full statement, the
• The entity or its members will not Balance Sheet,’’ together with an material will at a minimum, include the
be receiving any direct or indirect accompanying Form RD 3560–7, following statement in print in the same
benefits pursuant to Low Income ‘‘Multiple Family Housing Project size as the text:
Housing Tax Credits. Budget Utility Allowance,’’ must ‘‘USDA is an equal opportunity
If there are two or more applications allocate revenue and expense between provider, employer, and lender.’’ Where
that have the same score and both project operations and the service appropriate, a recipient may state:
cannot be funded, a lottery in component. ‘‘This institution in an equal
accordance with 7 CFR 3560.56(c) (2) opportunity provider.’’
F. Equal Opportunity and Non-
will be used to break the tie. If Dated: July 18, 2017.
Discrimination Requirements
insufficient funds or RA remain for the Rich A. Davis,
next ranked proposal, that applicant In accordance with Federal civil Acting Administrator, Rural Housing Service.
will be given a chance to modify their rights law and U.S. Department of
[FR Doc. 2017–15626 Filed 7–25–17; 8:45 am]
pre-application to bring it within Agriculture (USDA) civil rights
BILLING CODE 3410–XV–P
remaining funding levels. This will be regulations and policies, the USDA, its
repeated for each next ranked eligible Agencies, offices, and employees, and
proposal until an award can be made or institutions participating in or
the list is exhausted. administering USDA programs are DEPARTMENT OF COMMERCE
Rural Development will notify all prohibited from discriminating based on
International Trade Administration
applicants whether their applications race, color, national origin, religion, sex,
have been accepted or rejected and gender identity (including gender [A–570–967, C–570–968]
provide appeal rights under 7 CFR part expression), sexual orientation,
11, as appropriate. disability, age, marital status, family/ Aluminum Extrusions From the
parental status, income derived from a People’s Republic of China:
E. Federal Award Administration public assistance program. Political Affirmative Final Determination of
Information beliefs, or reprisal or retaliation for prior Circumvention of the Antidumping and
1. Federal Award Notices civil rights activity, in any program or Countervailing Duty Orders and
activity conducted or funded by USDA Rescission of Minor Alterations Anti-
Loan applicants must submit their Circumvention Inquiry
(not all bases apply to all programs).
initial applications by the due date
Remedies and complaint filing AGENCY: Enforcement and Compliance,
specified in this Notice. Once the
deadlines vary by program or incident. International Trade Administration,
applications have been scored and
ranked by the National Office, the Persons with disabilities who require Department of Commerce.
National Office will advise State Offices alternative means of communication for SUMMARY: The Department of Commerce
of the proposals selected for further program information (e.g., Braille, large (the Department) determines that heat-
processing, State Offices will respond to print, audiotape, American Sign treated extruded aluminum products
applicants by letter. Language, etc.) should contact the that meet the chemical specifications for
If the application is not accepted for responsible Agency or USDA’s TARTET 5050-grade aluminum alloy, regardless
further processing, the applicant will be Center at (202) 720–2600 (voice and of producer, exporter, or importer,
notified of appeal rights under 7 CFR TTY) or contact USDA through the constitute later-developed merchandise,
part 11. Federal Relay Service at (800) 877–8339. and are circumventing the antidumping
Additionally, program information may (AD) and countervailing duty (CVD)
2. Administrative and National Policy be made available in languages other orders on aluminum extrusions from the
All Farm Labor Housing loans and than English. People’s Republic of China (PRC). The
grants are subject to the restrictive-use To file a program discrimination Department also rescinds its minor
provisions contained in 7 CFR complaint, complete the USDA Program alterations anti-circumvention inquiry.
3560.72(a) (2). Discrimination Complaint Form, AD–
DATES: Effective July 26, 2017.
3027, found online at: http://
3. Reporting www.ascr.usda.gov/complaint_filing_ FOR FURTHER INFORMATION CONTACT:
cust.html, and at any USDA office or Scott Hoefke or Erin Kearney, AD/CVD
Borrowers must maintain separate
write a letter addressed to USDA and Operations, Office VI, Enforcement &
financial records for the operation and
provide in the letter all of the Compliance, International Trade
maintenance of the project and for
information requested in the form. To Administration, U.S. Department of
tenant services. Tenant services will not
request a copy of a complaint form, call, Commerce, 1401 Constitution Avenue
be funded by Rural Development. Funds
(866) 632–9992. Submit your completed NW., Washington, DC 20230; telephone:
allocated to the operation and
form or letter to USDA by: (202) 482–4947 or (202) 482–0167,
maintenance of the project may not be
(1) Mail: U.S. Department of respectively.
used to supplement the cost of tenant
services, nor may tenant service funds Agriculture, Office of the Assistant SUPPLEMENTARY INFORMATION:
be used to supplement the project Secretary for Civil Rights, 1400
Background
operation and maintenance. Detailed Independence Avenue SW.,
financial reports regarding tenant Washington, DC 20250–9410; On March 21, 2016, the Department
mstockstill on DSK30JT082PROD with NOTICES
services will not be required unless (2) Fax: (202) 690–7442; or published its notice of initiation of this
specifically requested by Rural (3) Email at: program.intake@ anti-circumvention inquiry.1 The
Development, and then only to the usda.gov. Department published the Preliminary
extent necessary for Rural Development USDA is an equal opportunity 1 See Aluminum Extrusions from the People’s
and the borrower to discuss the provider, employer, and lender. Republic of China: Initiation of Anti-Circumvention
affordability (and competitiveness) of Exceptions to Including the Full Inquiry, 81 FR 15039 (March 21, 2016) (Initiation
the service provided to the tenant. The USDA Non-Discrimination Statement. Notice).
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![34632 Federal Register / Vol. 82, No. 142 / Wednesday, July 26, 2017 / Notices
require importers to maintain a Atmospheric Administration (NOAA), upon request, the incidental, but not
certification at this time.7 Commerce. intentional, taking of small numbers of
ACTION: Proposed incidental harassment marine mammals by U.S. citizens who
Notification to the International Trade
authorization; request for comments. engage in a specified activity (other than
Commission
commercial fishing) within a specified
As discussed in the Issues and SUMMARY: NMFS has received a request geographical region if certain findings
Decision Memorandum, because the from the City and Borough of Sitka are made and either regulations are
Department has determined, for (CBS) for authorization to take marine issued or, if the taking is limited to
purposes of sections 781(d)(1) and (e) of mammals incidental to modifying the harassment, a notice of a proposed
the Act, that the later-developed inquiry Gary Paxton Industrial Park (GPIP) dock authorization is provided to the public
merchandise does not incorporate a in Sawmill Cove, Alaska. Pursuant to for review.
significant technological advance or the Marine Mammal Protection Act
An authorization for incidental
significant alteration of an earlier (MMPA), NMFS is requesting comments
takings shall be granted if NMFS finds
product, the Department did not notify on its proposal to issue an incidental
that the taking will have a negligible
the International Trade Commission of harassment authorization (IHA) to
impact on the species or stock(s), will
its proposed inclusion of the inquiry incidentally take marine mammals
not have an unmitigable adverse impact
merchandise within the Orders. during the specified activities.
on the availability of the species or
This affirmative anti-circumvention DATES: Comments and information must
stock(s) for subsistence uses (where
determination is published in be received no later than August 25, relevant), and if the permissible
accordance with section 781(d) of the 2017. methods of taking and requirements
Act and 19 CFR 351.225. ADDRESSES: Comments should be pertaining to the mitigation, monitoring
Dated: July 20, 2017. addressed to Jolie Harrison, Chief, and reporting of such takings are set
Gary Taverman, Permits and Conservation Division, forth.
Deputy Assistant Secretary for Antidumping Office of Protected Resources, National NMFS has defined ‘‘negligible
and Countervailing Duty Operations, Marine Fisheries Service. Physical impact’’ in 50 CFR 216.103 as an impact
performing the non-exclusive functions and comments should be sent to 1315 East- resulting from the specified activity that
duties of the Assistant Secretary for West Highway, Silver Spring, MD 20910
Enforcement and Compliance. cannot be reasonably expected to, and is
and electronic comments should be sent not reasonably likely to, adversely affect
Appendix to ITP.Daly@noaa.gov. the species or stock through effects on
Instructions: NMFS is not responsible
List of Topics Discussed in the Issues and annual rates of recruitment or survival.
for comments sent by any other method,
Decision Memorandum to any other address or individual, or NMFS has defined ‘‘unmitigable
I. Summary received after the end of the comment adverse impact’’ in 50 CFR 216.103 as
II. Background period. Comments received an impact resulting from the specified
III. Scope of the Orders electronically, including all activity:
IV. Merchandise Subject to the Anti-
attachments, must not exceed a 25- (1) That is likely to reduce the
Circumvention Inquiry
V. Discussion of the Issues megabyte file size. Attachments to availability of the species to a level
1. The Department’s Authority To Conduct electronic comments will be accepted in insufficient for a harvest to meet
an Anti-Circumvention Inquiry Microsoft Word or Excel or Adobe PDF subsistence needs by: (i) Causing the
2. Later-Developed Merchandise and file formats only. All comments marine mammals to abandon or avoid
Commercial Availability received are a part of the public record hunting areas; (ii) directly displacing
3. Scope Exclusion and will generally be posted online at subsistence users; or (iii) placing
4. Country-Wide Ruling www.nmfs.noaa.gov/pr/permits/ physical barriers between the marine
5. Certification Requirement incidental/construction.htm without
6. Effective Cash Deposit Date
mammals and the subsistence hunters;
change. All personal identifying and
VI. Rescission of Minor Alterations Anti-
Circumvention Inquiry information (e.g., name, address)
(2) That cannot be sufficiently
VII. Recommendation voluntarily submitted by the commenter
mitigated by other measures to increase
may be publicly accessible. Do not
[FR Doc. 2017–15683 Filed 7–25–17; 8:45 am] the availability of marine mammals to
submit confidential business
BILLING CODE 3510–DS–P allow subsistence needs to be met.
information or otherwise sensitive or
protected information. The MMPA states that the term ‘‘take’’
FOR FURTHER INFORMATION CONTACT: means to harass, hunt, capture, kill or
DEPARTMENT OF COMMERCE attempt to harass, hunt, capture, or kill
Jaclyn Daly, Office of Protected
National Oceanic and Atmospheric Resources, NMFS, (301) 427–8401. any marine mammal.
Administration Electronic copies of the applications Except with respect to certain
and supporting documents, as well as a activities not pertinent here, the MMPA
RIN 0648–XF535 list of the references cited in this defines ‘‘harassment’’ as: Any act of
document, may be obtained online at: pursuit, torment, or annoyance which (i)
Takes of Marine Mammals Incidental to
www.nmfs.noaa.gov/pr/permits/ has the potential to injure a marine
Specified Activities; Taking Marine
incidental/construction.htm. In case of mammal or marine mammal stock in the
Mammals Incidental to the Gary Paxton
problems accessing these documents, wild (Level A harassment); or (ii) has
mstockstill on DSK30JT082PROD with NOTICES
Industrial Park Dock Modification
please call the contact listed above. the potential to disturb a marine
Project
SUPPLEMENTARY INFORMATION: mammal or marine mammal stock in the
AGENCY: National Marine Fisheries wild by causing disruption of behavioral
Background patterns, including, but not limited to,
Service (NMFS), National Oceanic and
Sections 101(a)(5)(A) and (D) of the migration, breathing, nursing, breeding,
7 See Issues and Decision Memorandum, at MMPA (16 U.S.C. 1361 et seq.) direct feeding, or sheltering (Level B
Comment 4, for further detail. the Secretary of Commerce to allow, harassment).
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Document Created: 2017-07-26 01:29:47
Document Modified: 2017-07-26 01:29:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective July 26, 2017. | |
| Contact | Scott Hoefke or Erin Kearney, AD/CVD Operations, Office VI, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-0167, respectively. | |
| FR Citation | 82 FR 34630 |
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