83 FR 35208 - Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 143 (July 25, 2018)
International Trade Administration
Federal Register Volume 83, Issue 143 (July 25, 2018)
| Page Range | 35208-35210 | |
| FR Document | 2018-15798 |
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)] [Notices] [Pages 35208-35210] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15798] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-968] Aluminum Extrusions From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Liaoning Zhongwang Group Co. Ltd. (Liaoning) and Liaoyang Zhongwang Aluminum Profile Co. Ltd. (Liaoyang), exporters/producers of aluminum extrusions from the People's Republic of China (China), received countervailable subsidies during the period of review (POR) January 1, 2016, through December 31, 2016. DATES: Applicable July 25, 2018. FOR FURTHER INFORMATION CONTACT: Davina Friedmann 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) 482-0698. SUPPLEMENTARY INFORMATION: [[Page 35209]] Background Commerce published the Preliminary Results of this administrative review in the Federal Register on March 15, 2018.\1\ For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Aluminum Extrusions from the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review, Rescission of Review, in Part, and Intent to Rescind, in Part; 2016, 83 FR 11501 (March 15, 2018) (Preliminary Results), and accompanying Preliminary Decision Memorandum. \2\ See Memorandum, ``Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Aluminum Extrusions from the People's Republic of China, 2016,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order 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). Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.90.60.00, and 9603.90.80.50. The subject merchandise entered as parts of other aluminum products may be classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well as under other HTSUS chapters. In addition, fin evaporator coils may be classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.\3\ --------------------------------------------------------------------------- \3\ See Issues and Decision Memorandum for a complete description of the scope of the order. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the parties' briefs are addressed in the Issues and Decision Memorandum, dated concurrently with, and hereby adopted by, this notice. A list of issues addressed is attached as an Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov; the Issues and Decision Memorandum is available to all parties in the Central Records Unit (CRU), 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 and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.\4\ For a full description of the methodology underlying Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \4\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Rescission of Review for No Shipments In the Preliminary Results, we stated our intention to rescind the review with respect to certain companies that submitted no shipment certifications.\5\ We inquired with U.S. Customs and Border Protection (CBP) whether these companies had shipped merchandise to the United States during this review period, and CBP provided no evidence to contradict the claims made by these companies. Because no evidence of shipments was placed on the record following the Preliminary Results to contradict those claims, we are rescinding the administrative review of Guangdong Xin Wei Aluminum Products Co., Ltd., Xin Wei Aluminum Co. Ltd., and Xin Wei Aluminum Company Limited, pursuant to 19 CFR 351.213(d)(3). --------------------------------------------------------------------------- \5\ See Preliminary Results and accompanying Preliminary Decision Memorandum at 3. --------------------------------------------------------------------------- Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we determine the following final net subsidy rates for the 2016 administrative review: \6\ --------------------------------------------------------------------------- \6\ See Issues and Decision Memorandum, at Comment 1. ------------------------------------------------------------------------ Ad valorem Company rate (percent) ------------------------------------------------------------------------ Liaoning Zhongwang Group Co., Ltd.......................... 198.61 Liaoyang Zhongwang Aluminum Profile Co., Ltd............... 198.61 ------------------------------------------------------------------------ [[Page 35210]] Assessment Rates Commerce intends to issue appropriate assessment instructions directly to CBP, 15 days after publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2016, through December 31, 2016, at the ad valorem rates listed above. Cash Deposit Requirements Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above for each company listed on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review. For all non-reviewed firms, we will instruct CBP to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: July 13, 2018. 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 I--List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Analysis of Comments Comment 1: Continuation of Application of AFA for Mandatory Respondents V. Recommendation [FR Doc. 2018-15798 Filed 7-24-18; 8:45 am] BILLING CODE 3510-DS-P
![35208 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
number, A–557–994. Similarly, the importer • I understand that failure to maintain the supporting records, upon request, to U.S.
should pay cash deposits on those entries required certification and/or failure to Customs and Border Protection (CBP) and/or
consistent with the regulations governing substantiate the claims made herein will the Department of Commerce (Commerce);
post summary corrections that require result in: • I understand that the claims made
payment of additional duties. Æ suspension of liquidation of all herein, and the substantiating
unliquidated entries (and entries for which documentation, are subject to verification by
Appendix III liquidation has not become final) for which CBP and/or Commerce;
Importer Certification these requirements were not met; and • I understand that failure to maintain the
Æ the requirement that the importer post required certification and/or failure to
I hereby certify that: applicable antidumping duty (AD) and/or substantiate the claims made herein will
• My name is {COMPANY OFFICIAL’S countervailing duty (CVD) cash deposits (as result in:
NAME} and I am an official of {IMPORTING appropriate) equal to the rates determined by
COMPANY}; Æ suspension of all unliquidated entries
Commerce; (and entries for which liquidation has not
• I have direct personal knowledge of the • I understand that agents of the importer,
facts regarding the importation into the become final) for which these requirements
such as brokers, are not permitted to make were not met; and
Customs territory of the United States of the this certification;
carbon steel butt-weld pipe fittings Æ the requirement that the importer post
• This certification was completed by the applicable antidumping duty (AD) and/or
completed in Malaysia that entered under time of filing the entry summary; and
entry number(s) {INSERT ENTRY countervailing duty (CVD) cash deposits (as
• I am aware that U.S. law (including, but appropriate) equal to the rates as determined
NUMBER(S)} and are covered by this not limited to, 18 U.S.C. 1001) imposes
certification. ‘‘Direct personal knowledge’’ by Commerce;
criminal sanctions on individuals who • This certification was completed at or
refers to facts the certifying party is expected knowingly and willfully make material false
to have in its own records. For example, the prior to the time of shipment; and
statements to the U.S. government. • I am aware that U.S. law (including, but
importer should have ‘‘direct personal Signature llllllllllllllll
knowledge’’ of the importation of the product not limited to, 18 U.S.C. 1001) imposes
NAME OF COMPANY OFFICIAL criminal sanctions on individuals who
(e.g., the name of the exporter) in its records;
• I have personal knowledge of the facts lllllllllllllllllllll knowingly and willfully make material false
regarding the production of the imported TITLE statements to the U.S. government.
products covered by this certification. lllllllllllllllllllll Signature llllllllllllllll
‘‘Personal knowledge’’ includes facts NAME OF COMPANY OFFICIAL
obtained from another party, (e.g., Appendix IV lllllllllllllllllllll
correspondence received by the importer (or Exporter Certification TITLE
exporter) from the producer regarding the lllllllllllllllllllll
source of the substrate used to produce the I hereby certify that:
• My name is {COMPANY OFFICIAL’S DATE
imported products);
• The carbon steel butt-weld pipe fittings NAME HERE} and I am an official of {NAME [FR Doc. 2018–15882 Filed 7–24–18; 8:45 am]
completed in Malaysia do not contain OF EXPORTING COMPANY}; BILLING CODE 3510–DS–P
finished or unfinished butt-weld pipe fittings • I have direct personal knowledge of the
manufactured in the People’s Republic of facts regarding the production and
China; exportation of the carbon steel butt-weld pipe DEPARTMENT OF COMMERCE
• I understand that {IMPORTING fittings identified below. ‘‘Direct personal
COMPANY} is required to maintain a copy knowledge’’ refers to facts the certifying party International Trade Administration
of this certification and sufficient is expected to have in its own books and
documentation supporting this certification records. For example, an exporter should
have ‘‘direct personal knowledge’’ of the [C–570–968]
(i.e., documents maintained in the normal
course of business, or documents obtained by producer’s identity and location;
• These carbon steel butt-weld pipe Aluminum Extrusions From the
the certifying party, for example, mill People’s Republic of China: Final
certificates, productions records, invoices, fittings completed in Malaysia do not contain
etc.) for the later of (1) a period of five years finished or unfinished butt-weld pipe fittings Results of Countervailing Duty
from the date of entry or (2) a period of three manufactured in the People’s Republic of Administrative Review; 2016
years after the conclusion of any litigation in China;
• I understand that {NAME OF AGENCY: Enforcement and Compliance,
the United States courts regarding such
entries; EXPORTING COMPANY} is required to International Trade Administration,
• I understand that {IMPORTING maintain a copy of this certification and Department of Commerce.
COMPANY}is required to provide this sufficient documentation supporting this SUMMARY: The Department of Commerce
certification and supporting records, upon certification (i.e., documents maintained in (Commerce) determines that Liaoning
request, to U.S. Customs and Border the normal course of business, or documents Zhongwang Group Co. Ltd. (Liaoning)
Protection (CBP) and/or the Department of obtained by the certifying party, for example,
mill certificates, productions records,
and Liaoyang Zhongwang Aluminum
Commerce (Commerce);
• I understand that {IMPORTING invoices, etc.) for the later of (1) a period of Profile Co. Ltd. (Liaoyang), exporters/
COMPANY} is required to maintain a copy five years from the date of entry or (2) a producers of aluminum extrusions from
of the exporter’s certification, (attesting to the period of three years after the conclusion of the People’s Republic of China (China),
production and/or export of the imported any litigation in the United States courts received countervailable subsidies
merchandise identified above), for the later of regarding such entries; during the period of review (POR)
(1) a period of five years from the date of • I understand that {NAME OF January 1, 2016, through December 31,
entry or (2) a period of three years after the EXPORTING COMPANY} must provide this 2016.
conclusion of any litigation in United States Exporter Certification to the U.S. importer by
courts regarding such entries; the time of shipment. The shipments/ DATES: Applicable July 25, 2018.
• I understand that {IMPORTING products referenced herein shipped before FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with NOTICES
COMPANY}is required to maintain and the mm/dd/yyyy publication of the Davina Friedmann AD/CVD Operations,
provide a copy of the exporter’s certification Preliminary Determination Federal Register Office VI, Enforcement and Compliance,
and supporting records, upon request, to CBP notice. This certification was completed on International Trade Administration,
and/or Commerce; DD/MM/YY, within 45 days of the Federal U.S. Department of Commerce, 1401
• I understand that the claims made Register notice publication;
herein, and the substantiating • I understand that {NAME OF
Constitution Avenue NW, Washington,
documentation, are subject to verification by EXPORTING COMPANY} is required to DC 20230; telephone: (202) 482–0698.
CBP and/or Commerce; provide a copy of this certification and SUPPLEMENTARY INFORMATION:
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![35210 Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Notices
Assessment Rates Comment 1: Continuation of Application of under Swiss law, and on April 12, 2017,
AFA for Mandatory Respondents the DOC began accepting self-
Commerce intends to issue V. Recommendation
appropriate assessment instructions certifications from U.S. companies to
directly to CBP, 15 days after [FR Doc. 2018–15798 Filed 7–24–18; 8:45 am] join the program (82 FR 16375; April 12,
publication of these final results of BILLING CODE 3510–DS–P 2017). For more information on the
review, to liquidate shipments of subject Privacy Shield, visit
merchandise entered, or withdrawn www.privacyshield.gov.
DEPARTMENT OF COMMERCE As described in Annex I of the Swiss
from warehouse, for consumption on or
after January 1, 2016, through December Privacy Shield, the DOC and the Swiss
International Trade Administration committed to implement an arbitration
31, 2016, at the ad valorem rates listed
above. mechanism to provide Swiss
Proposed Information Collection; individuals with the ability to invoke
Cash Deposit Requirements Comment Request; Swiss-U.S. Privacy binding arbitration to determine, for
Shield; Invitation for Applications for residual claims, whether an
Commerce also intends to instruct Inclusion on the Supplemental List of
CBP to collect cash deposits of organization has violated its obligations
Arbitrators under the Privacy Shield. Organizations
estimated countervailing duties in the
amounts indicated above for each AGENCY: International Trade voluntarily self-certify to the Swiss
company listed on shipments of subject Administration, U.S. Department of Privacy Shield and, upon certification,
merchandise entered, or withdrawn Commerce. the commitments the organization has
from warehouse, for consumption on or ACTION: Notice. made to comply with the Swiss Privacy
after the date of publication of the final Shield become legally enforceable under
results of this administrative review. For SUMMARY: The Department of U.S. law. Organizations that self-certify
all non-reviewed firms, we will instruct Commerce, as part of its continuing to the Swiss Privacy Shield commit to
CBP to collect cash deposits of effort to reduce paperwork and binding arbitration of residual claims if
estimated countervailing duties at the respondent burden, invites the general the individual chooses to exercise that
most recent company-specific or all- public and other Federal agencies to option. Under the arbitration option, a
others rate applicable to the company, take this opportunity to comment on a Privacy Shield Panel a (consisting of one
as appropriate. Accordingly, the cash continuing information collection, as or three arbitrators, as agreed by the
deposit requirements that will be required by the Paperwork Reduction parties) has the authority to impose
applied to companies covered by this Act of 1995. individual-specific, non-monetary
order, but not examined in this DATES: Written comments must be equitable relief (such as access,
administrative review, are those submitted on or before September 24, correction, deletion, or return of the
established in the most recently 2018. individual’s data in question) necessary
completed segment of the proceeding ADDRESSES: Direct all written comments to remedy the violation of the Swiss
for each company. These cash deposit to Jennifer Jessup, Departmental Privacy Shield only with respect to the
requirements, when imposed, shall Paperwork Clearance Officer, individual. The parties will select the
remain in effect until further notice. Department of Commerce, Room 6616, arbitrators from the list of arbitrators
14th and Constitution Avenue NW, described below.
Administrative Protective Order The DOC and the Swiss
Washington, DC 20230 (or via the
This notice serves as a reminder to internet at PRAcomments@doc.gov. Administration are developing a list of
parties subject to administrative up to five arbitrators to supplement the
FOR FURTHER INFORMATION CONTACT:
protective order (APO) of their list of arbitrators developed under the
Requests for additional information or
responsibility concerning the EU-U.S. Privacy Shield Framework. To
copies of the information collection
disposition of proprietary information be eligible for inclusion on the
instrument and instructions should be
disclosed under APO in accordance supplemental list, applicants must be
directed to David Ritchie, International
with 19 CFR 351.305(a)(3). Timely admitted to practice law in the United
Trade Administration, 202–482–4936 or
written notification of return or States and have expertise in both U.S.
david.ritchie@trade.gov. More
destruction of APO materials or privacy law and European or Swiss data
information on the arbitration
conversion to judicial protective order is protection law. Applicants shall not be
mechanism may be found at https://
hereby requested. Failure to comply subject to any instructions from, or be
www.trade.gov/td/services/odsi/swiss-
with the regulations and the terms of an affiliated with, any Privacy Shield
us-privacyshield-framework.pdf.
APO is a sanctionable violation. organization, or the U.S., Switzerland,
We are issuing and publishing these SUPPLEMENTARY INFORMATION: EU, or any EU Member State or any
results in accordance with sections I. Abstract other governmental authority, public
751(a)(1) and 777(i)(1) of the Act. authority or enforcement authority.
The Swiss-U.S. Privacy Shield The DOC received emergency
Dated: July 13, 2018. Framework was designed by the U.S.
Gary Taverman, approval for this information collection
Department of Commerce (DOC) and the on March 26, 2018 under Control
Deputy Assistant Secretary for Antidumping Swiss Administration (Swiss) to provide
and Countervailing Duty Operations, Number 0625–0278. Upon receiving that
companies in both Switzerland and the approval, the DOC accepted
performing the non-exclusive functions and United States with a mechanism to
duties of the Assistant Secretary for applications submitted by April 30,
comply with data protection 2018 for inclusion on the Supplemental
daltland on DSKBBV9HB2PROD with NOTICES
Enforcement and Compliance.
requirements when transferring List of Arbitrators. The DOC is currently
Appendix I—List of Topics Discussed in personal data from Switzerland to the evaluating applicants who submitted by
the Issues and Decision Memorandum United States in support of transatlantic April 30, 2018 and is thus not currently
I. Summary commerce. On January 12, 2017, the
II. Background Swiss deemed the Swiss-U.S. Privacy a The Privacy Shield Panel would govern
III. Scope of the Order Shield Framework (Swiss Privacy arbitration proceedings brought under either the
IV. Analysis of Comments Shield) adequate to enable data transfers Swiss-U.S. or EU-U.S. Privacy Shield Frameworks.
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Document Created: 2018-07-25 00:44:07
Document Modified: 2018-07-25 00:44:07
| 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 | Applicable July 25, 2018. | |
| Contact | Davina Friedmann 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) 482-0698. | |
| FR Citation | 83 FR 35208 |
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