[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Notices]
[Pages 80530-80536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22791]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-837]


Aluminum Extrusions From the Socialist Republic of Vietnam: Final 
Affirmative Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
aluminum extrusions from the Socialist Republic of Vietnam (Vietnam) 
are being, or are likely to be, sold in the United States at less than 
fair value (LTFV). The period of investigation is April 1, 2023, 
through September 30, 2023.

DATES: Applicable October 3, 2024.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Katherine Smith, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade

[[Page 80531]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2972 or (202) 482-0557, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 7, 2024, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of 
aluminum extrusions from Vietnam.\1\ We invited interested parties to 
comment on the Preliminary Determination.\2\ On July 22, 2024, Commerce 
tolled certain deadlines in this proceeding by seven days. The deadline 
for the final determination is now September 26, 2024.\3\
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extensions of 
Provisional Measures, 89 FR 38075 (May 7, 2024) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ Id., 89 FR at 38075.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------

    A summary of the events that occurred since Commerce 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.\4\ 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination in the Less-Than-Fair-Value Investigation 
of Aluminum Extrusions from the Socialist Republic of Vietnam,'' 
dated concurrently with, and hereby adopted by, this notice (Issues 
and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by this investigation are aluminum extrusions 
from Vietnam. For a complete description of the scope of this 
investigation, see Appendix I to this notice.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from parties. Commerce issued Preliminary Scope Decision 
Memoranda to address these comments and set aside a period for parties 
to address scope issues in scope-specific case and rebuttal briefs.\5\ 
Between May 22, 2024, and June 24, 2024, Commerce received post-
preliminary determination scope comments from interested parties 
regarding numerous products and scope-related issues. Between July 20, 
2024, and August 19, 2024, Commerce received scope case and rebuttal 
briefs from numerous interested parties. We made changes to the scope 
of the investigation from the scope published in the Preliminary 
Determination, as noted in Appendix I.\6\
---------------------------------------------------------------------------

    \5\ See Memoranda, ``Preliminary Scope Decision Memorandum,'' 
dated March 4, 2024, and ``Preliminary Scope Decision Memorandum 
II,'' dated, May 1, 2024 (collectively Preliminary Scope Decision 
Memoranda).
    \6\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    On May 28, 2024, Commerce published in the Federal Register, its 
preliminary affirmative determination of critical circumstances in 
part.\7\ Specifically, Commerce preliminarily determined that critical 
circumstances do exist with respect to imports of aluminum extrusions 
from Vietnam with respect to the Vietnam-wide entity. Additionally, for 
East Asia and the non-individually examined separate rate companies 
that we preliminarily found qualified for a separate rate, we 
preliminary determined that critical circumstances do not exist because 
section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act) is 
not met.\8\ We continue to find that critical circumstances do exist 
with respect to imports of aluminum extrusions from Vietnam with 
respect to the Vietnam-wide entity. Additionally, we continue to find 
that critical circumstances do not exist for imports of aluminum 
extrusions from Vietnam with respect to East Asia and the non-
individually examined separate rate companies eligible for a separate 
rate, pursuant to sections 735(a)(3)(A) and (B) of the Act, and 19 CFR 
351.206. For further discussion of this issue, see the Issues and 
Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Aluminum Extrusions from the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Critical 
Circumstances, in Part, in the Less-Than-Fair Value Investigation, 
89 FR 46064 (May 28, 2024) (Preliminary Determination of Critical 
Circumstances).
    \8\ Id., 89 FR at 46064, 46067.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, in June and July 2024, we 
verified the sales and cost information submitted by Bau Bang Precision 
Manufacturing Vietnam Co. LTD. (Bau Bang) \9\ and East Asia Aluminum 
Co., Ltd (East Asia) for use in our final determination.\10\ We used 
standard verification procedures, including an examination of relevant 
sales and accounting records, and original source documents provided by 
Bau Bang and East Asia.\11\
---------------------------------------------------------------------------

    \9\ We preliminarily found that Bau Bang did not produce or 
export any merchandise subject to the scope during the POI nor did 
it have any sales of subject merchandise to the United States during 
the POI. Therefore, we preliminarily did not calculate a weighted-
average dumping margin for Bau Bang; however, consistent with other 
proceedings, we stated that we intend to verify the information on 
the record provided by Bau Bang prior to making our final 
determination in this investigation. See PDM at 4.
    \10\ See Memorandum, ``Bau Bang Verification Report,'' dated 
July 30, 2024; see also Memorandum, ````East Asia Verification 
Report,'' dated July 30, 2024; and Memorandum, ``East Asia CEP 
Verification Report,'' dated July 30, 2024.
    \11\ Id.
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached as Appendix II to this notice.

Changes Since the Preliminary Determination

    We made certain changes to the margin calculation for East Asia 
since the Preliminary Determination. For a discussion of these changes, 
see the Issues and Decision Memorandum.

Vietnam-Wide Entity and Use of Adverse Facts Available

    Consistent with the Preliminary Determination,\12\ Commerce 
continues to find, pursuant to sections 776(a) and (b) of the Act, that 
the use of facts otherwise available, with adverse inferences (AFA), is 
warranted in determining the rate for the Vietnam-wide entity. For this 
final determination, as AFA, we continue to rely on an adverse 
inference in selecting from the facts available with respect to the 
Vietnam-wide entity and are assigning a rate of 41.84 percent, which is 
the highest margin alleged in the petition.\13\
---------------------------------------------------------------------------

    \12\ See Preliminary Determination PDM at 6-9.
    \13\ Id.; see also Initiation Notice, 88 FR at 74426; see also 
Checklist, ``AD Investigation Initiation Checklist: Aluminum 
Extrusions from the Socialist Republic of Vietnam,'' dated October 
24, 2023 (Initiation Checklist).
---------------------------------------------------------------------------

Separate Rates

    We preliminarily found the mandatory respondent, East Asia to be 
eligible for a separate rate in the

[[Page 80532]]

Preliminary Determination.\14\ No interested party commented on our 
preliminary separate rate determination with respect to East Asia and 
we have no basis to otherwise reconsider this determination. 
Accordingly, we continue to find that East Asia is eligible for a 
separate rate in the final determination. In addition, no party 
commented on our decision in the Preliminary Determination to grant 
separate status to certain other companies that we did not select for 
individual examination. Accordingly, we continue to find that these 
companies are eligible for a separate rate in the final determination.
---------------------------------------------------------------------------

    \14\ See Preliminary Determination PDM at 6-7.
---------------------------------------------------------------------------

    In calculating the rate for non-individually examined separate rate 
respondents in a non-market economy LTFV investigation, Commerce 
normally looks to section 735(c)(5)(A) of the Act, which pertains to 
the calculation of the all-others rate in a market economy LTFV 
investigation, for guidance. Pursuant to section 735(c)(5)(A) of the 
Act, normally this rate shall be an amount equal to the weighted 
average of the estimated weighted-average dumping margins established 
for those companies individually examined, excluding any margins that 
are zero, de minimis, or based entirely under section 776 of the Act. 
The statute further provides that, where all margins are zero, de 
minimis, or based entirely on facts available under section 776 of the 
Act, Commerce may use ``any reasonable method'' for assigning the rate 
to non-selected respondents.
    In this final determination, the sole mandatory respondent that is 
eligible for a calculated margin (i.e., East Asia) has received a 
weighted-average dumping margin which is not zero, de minimis, or based 
entirely on facts available. Therefore, in accordance with section 
735(c)(5)(A) of the Act, we have assigned East Asia's calculated 
weighted-average dumping margin (i.e., 14.15 percent) to the non-
examined separate rate respondents.

Combination Rates

    Consistent with the Preliminary Determination, and Policy Bulletin 
05.1,\15\ Commerce calculated combination rates for the respondents 
that are eligible for a separate rate in this investigation.
---------------------------------------------------------------------------

    \15\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Determination

    The final estimated weighted-average dumping margins are as 
follows: \16\
---------------------------------------------------------------------------

    \16\ In the Preliminary Determination, Commerce inadvertently 
listed Nhon Trach Branch of Tung Kuang Industrial Joint Stock 
Company as Nhon Troch Branch of Tung Kuang Industrial Joint Stock 
Company. On August 1, 2024, Commerce issued a correction to the 
preliminary determination instructions to U.S. Customs and Border 
Protection (CBP) to correct the inadvertent error. See Memorandum, 
``Correcting Company Name,'' dated August 1, 2024.

------------------------------------------------------------------------
                                                             Estimated
                                                             weighted-
             Exporter                     Producer            average
                                                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
East Asia Aluminum Company Limited  East Asia Aluminum             14.15
                                     Company Limited.
Austdoor Group Joint Stock Company  Austdoor Group Joint           14.15
                                     Stock Company.
BKQ Manufacturing and Trading       Fravi Vietnam Group            14.15
 Company Limited.                    Joint Stock Company.
Viet Nam Chuangxing Aluminium       Vietnam Yongxing               14.15
 Company Limited.                    Aluminium Industry
                                     Co., Ltd.
Do Thanh Aluminium Joint Stock      Do Thanh Aluminium             14.15
 Company.                            Joint Stock Company.
Ha Noi DST Joint Stock Company....  Ha Noi DST Joint               14.15
                                     Stock Company.
Euroha Joint Stock Company........  Euroha Joint Stock             14.15
                                     Company.
Fravi Viet Nam Group Joint Stock    Fravi Viet Nam Group           14.15
 Company.                            Joint Stock Company.
Gold Well Co., Ltd................  Gold Well Co., Ltd..           14.15
Hong Xin Co., Ltd.................  Vietnam Yongxing               14.15
                                     Aluminium Industry
                                     Co., LTD.
Hyundai Aluminum Vina Shareholding  Hyundai Aluminum               14.15
 Company.                            Vina Shareholding
                                     Company.
KIMSEN Industrial Corporation.....  KIMSEN Industrial              14.15
                                     Corporation.
Mien Hua Precision Mechanical Co.,  Mien Hua Precision             14.15
 Ltd.                                Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock     Ngoc Diep Aluminium            14.15
 Company.                            Joint Stock Company.
Nhon Trach Branch of Tung Kuang     Nhon Trach Branch of           14.15
 Industrial Joint Stock Company.     Tung Kuang
                                     Industrial Joint
                                     Stock Company.
Northstar Precision (Vietnam) Co.,  Northstar Precision            14.15
 Ltd.                                (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium Profiles,  Sapa Ben Thanh                 14.15
 Co., Ltd.                           Aluminium Profiles,
                                     Co., Ltd.
Song Hong Aluminum Shalumi Group    Song Hong Aluminum             14.15
 Joint Stock Company.                Shalumi Group Joint
                                     Stock Company.
Shinyang Metal Korea Co., Ltd.....  Shinyang Metal Korea           14.15
                                     Co., Ltd.
Shinyang Metal Vietnam Co., Ltd...  Shinyang Metal                 14.15
                                     Vietnam Co., Ltd.
Tan A Aluminum Company Limited....  Tan A Aluminum                 14.15
                                     Company Limited.
Tin An Investment Production        Austdoor Group Joint           14.15
 Trading Joint Stock Company.        Stock Company.
Tin An Investment Production        Viet Phap Aluminium            14.15
 Trading Joint Stock Company.        Factory--Viet Phap
                                     Shal Aluminium
                                     Joint Stock Company.
Tin Kim Plastic Joint Stock         Austdoor Group Joint           14.15
 Company.                            Stock Company.
Tin Kim Plastic Joint Stock         Viet Phap Aluminium            14.15
 Company.                            Factory--Viet Phap
                                     Shal Aluminium
                                     Joint Stock Company.
Tung Kuang Industrial Joint Stock   Tung Kuang                     14.15
 Company.                            Industrial Joint
                                     Stock Company.
Tung Shin Industrial Co., Ltd.....  Tung Shin Industrial           14.15
                                     Co., Ltd.
Vietnam Beta Aluminum Company       Vietnam Beta                   14.15
 Limited.                            Aluminum Company
                                     Limited.
Vietnam Yongxing Aluminium          Vietnam Yongxing               14.15
 Industry Co., Ltd.                  Aluminium Industry
                                     Co., Ltd.
Vietnam-Wide Entity...............  ....................         * 41.84
------------------------------------------------------------------------
* Rate based on AFA.


[[Page 80533]]

Disclosure

    Commerce intends to disclose the calculations performed in this 
final determination to interested parties within five days of any 
public announcement or, if there is no public announcement, within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4) of the Act, because Commerce 
continues to find that critical circumstances exist for the Vietnam-
wide entity, we will instruct CBP to continue to suspend liquidation of 
subject merchandise, as described in Appendix I of this notice, 
entered, or withdrawn from warehouse, for consumption, on or after 
February 7, 2024, which is 90 days prior to the date of the date of 
publication of the affirmative Preliminary Determination in the Federal 
Register.
    In accordance with section 735(c)(1)(B) of the Act, For East Asia 
and non-individually examined companies eligible for a separate rate, 
we will instruct CBP to continue to suspend liquidation of all 
appropriate entries of subject merchandise, as described in Appendix I 
of this notice, which were entered, or withdrawn from warehouse, for 
consumption on or after May 7, 2024, the date of publication in the 
Federal Register of the Preliminary Determination.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, Commerce will instruct 
CBP to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) for the producer/exporter combinations listed 
in the table above, the cash deposit rate is equal to the estimated 
weighted-average dumping margin listed for that combination in the 
table; (2) for all combinations of Vietnamese producers/exporters of 
merchandise under consideration that have not established eligibility 
for their own separate rates, the cash deposit rate will be equal to 
the estimated weighted-average dumping margin established for the 
Vietnam-wide entity; and (3) for all third-country exporters of 
merchandise under consideration not listed in the table above, the cash 
deposit rate is the cash deposit rate applicable to the Vietnamese 
producer/exporter combination or Vietnam-wide entity that supplied that 
third-country exporter. These suspension of liquidation instructions 
will remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of aluminum 
extrusions from Vietnam no later than 45 days after this final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded or canceled, and suspension of 
liquidation will be lifted. If the ITC determines that such injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order

    This notice will serve as the final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the destruction 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 violation which is subject 
to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act, and 19 CFR 
351.210(c).

    Dated: September 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The merchandise subject to this investigation are aluminum 
extrusions, regardless of form, finishing, or fabrication, whether 
assembled with other parts or unassembled, whether coated, painted, 
anodized, or thermally improved. Aluminum extrusions 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, subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 1 contain not less 
than 99 percent aluminum by weight. Subject aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 3 contain manganese as the 
major alloying element, with manganese accounting for not more than 
3.0 percent of total materials by weight. Subject aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designation commencing with the number 6 contain 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 scope also includes merchandise made from an aluminum alloy with 
an Aluminum Association series designation commencing with the 
number 5 (or proprietary equivalents or other certifying body 
equivalents) that have a magnesium content accounting for up to but 
not more than 2.0 percent of total materials by weight.
    The country of origin of the aluminum extrusion is determined by 
where the metal is extruded (i.e., pressed through a die).
    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.
    Subject aluminum extrusions are produced and imported with a 
variety of coatings and surface treatments, and types of 
fabrication. The types of coatings and treatments applied to 
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 bright dip), liquid 
painted, electroplated, chromate converted, powder coated, 
sublimated, wrapped, and/or bead blasted. Subject aluminum 
extrusions may also be fabricated, i.e., prepared for assembly, or 
thermally improved. Such operations would include, but are not 
limited to, extrusions that are cut-to-length, machined, drilled, 
punched, notched, bent, stretched, stretch-formed, hydroformed, 
knurled, swedged, mitered, chamfered, threaded, spun, etched, and 
engraved. Performing such operations in third countries does not 
otherwise remove the merchandise from the scope of the 
investigation.
    The types of products that meet the definition of subject 
merchandise include but are not limited to, the aluminum extrusion 
portions of vehicle roof rails and sun/moon roof framing, solar 
panel racking rails and

[[Page 80534]]

framing, tradeshow display fixtures and framing, parts for tents or 
clear span structures, fence posts, drapery rails or rods, 
electrical conduits, door thresholds, flooring trim, electric 
vehicle battery trays, heat sinks, signage or advertising poles, 
telescoping poles, or cleaning system components.
    Aluminum extrusions may be heat sinks, which are fabricated 
aluminum extrusions that dissipate heat away from a heat source and 
may serve other functions, such as structural functions. Heat sinks 
come in a variety of sizes and shapes, including but not limited to 
a flat electronic heat sink, which is a solid aluminum extrusion 
with at least one flat side used to mount electronic or mechanical 
devices; a heat sink that is a housing for electronic controls or 
motors; lighting heat sinks, which dissipate heat away from LED 
devices; and process and exchange heat sinks, which are tube 
extrusions with fins or plates used to hold radiator tubing. Heat 
sinks are included in the scope, regardless of whether the design 
and production of the heat sinks are organized around meeting 
specified thermal performance requirements and regardless of whether 
they have been tested to comply with such requirements. For purposes 
of the investigations on aluminum extrusions from the People's 
Republic of China, only heat sinks designed and produced around 
meeting specified thermal performance requirements and tested to 
comply with such requirements are included in the scope. Excluded 
from the scope of the investigation are large, multi-finned extruded 
aluminum heat sinks designed to dissipate heat, meeting the 
following criteria: (1) an aspect ratio (defined as the ratio of the 
area of a void in an extrusion to the size of the smallest gap 
opening at the entrance of that void and calculated by dividing the 
void area by the square of the gap opening) greater than 15 to 1; or 
(2) the circumscribing circle diameter (defined as the diameter of 
the smallest circle that will entirely enclose the extrusion's 
cross-sectional profile) rounded up to the next half inch, exceeds 
10 inches, and the weight-per-foot (defined as the theoretical 
weight of the profile as extruded prior to any machining that may 
remove material and calculated by multiplying the area of the 
profile in square inches by 1.2) exceeds 3.50 pounds per foot.
    Merchandise that is comprised solely of aluminum extrusions or 
aluminum extrusions and fasteners, whether assembled at the time of 
importation or unassembled, is covered by the scope in its entirety. 
A fastener is any material or part that serves an attachment 
function, fastens two or more components, or serves to prevent or 
restrict movement of a component or another item. Examples of 
fasteners include, but are not limited to, nuts, bolts, clamps, and 
end caps.
    The scope also includes aluminum extrusions contained in 
merchandise that is a part or subassembly of a larger whole, whether 
or not the merchandise also contains a component other than aluminum 
extrusions that is beyond a fastener. Such merchandise may be either 
assembled or unassembled at the time of importation. A ``part or 
subassembly'' is defined as a unit designed to be attached to, or 
incorporated with, one or more other units or components into a 
larger completed product. Only the aluminum extrusion portion of the 
merchandise described in this paragraph, whether assembled or 
unassembled, is subject merchandise included in the scope and 
subject to duties. Examples of merchandise that is a part or 
subassembly of a larger whole include, but are not limited to, 
window parts or subassemblies; door unit parts or subassemblies; 
shower and bath parts or subassemblies; solar panel mounting 
systems; fenestration system parts or subassemblies, such as units 
which make up a curtain wall, and window walls and window wall 
units, which collectively make up a fenestration system on the side 
of a building; and parts or subassemblies of storefronts; furniture 
parts or subassemblies; appliance parts or subassemblies, such as 
fin evaporator coils and systems for refrigerators; railing or deck 
system parts or subassemblies; fence system parts or subassemblies; 
motor vehicle parts or subassemblies, such as bumpers for motor 
vehicles; trailer parts or subassemblies, such as side walls, 
flooring, and roofings; electric vehicle charging station parts or 
subassemblies; or signage or advertising system parts or 
subassemblies. Parts or subassemblies described by this paragraph 
that are subject to duties in their entirety pursuant to existing 
antidumping and countervailing duty orders (defined as those 
antidumping and countervailing duty orders that are in effect as of 
the date of publication of order resulting from this investigation) 
are excluded from the scope of this investigation. Any part or 
subassembly that otherwise meets the requirements of this scope and 
that is not covered by other antidumping and/or countervailing duty 
orders remains subject to the scope of the investigation.
    The scope excludes aluminum extrusions contained in fully and 
permanently assembled merchandise, if the assembled merchandise is 
not a part or subassembly of a larger whole. To be excluded under 
this paragraph, the assembled merchandise must also contain a 
component other than aluminum extrusions, beyond fasteners. In 
addition, to be excluded under this paragraph, the assembled 
merchandise must be ready for use as imported, without undergoing 
after importation any processing, fabrication, finishing, or 
assembly or the addition of parts or material (with the exception of 
consumable parts or material or interchangeable media or tooling).
    The scope also excludes aluminum extrusions contained in 
unassembled merchandise if the unassembled merchandise is not a part 
or subassembly of a larger whole. To be excluded under this 
paragraph, the unassembled merchandise must also contain a component 
other than aluminum extrusions, beyond fasteners. In addition, to be 
excluded under this paragraph, the unassembled merchandise must be a 
packaged combination of parts that is ready to be assembled as 
imported, without undergoing after importation any processing, 
fabrication, or finishing or the addition of parts or material (with 
the exception of consumable parts or material or interchangeable 
media or tooling). To be excluded under this paragraph, the 
unassembled merchandise must be sold and enter as a discrete kit on 
one Customs entry form.
    Examples of such excluded assembled and unassembled merchandise 
include windows with glass, door units with door panel and glass, 
motor vehicles, trailers, furniture, appliances, and solar panels 
and solar modules. Window walls and window wall units are not 
considered windows with glass for purposes of this exclusion.
    The scope also excludes merchandise containing multiple 
subassemblies of a larger whole with non-extruded aluminum 
components beyond fasteners. A subassembly that meets the definition 
of subject merchandise, including any product expressly identified 
as subject merchandise in this scope, can only be excluded if it is 
fully and permanently assembled with at least one other different 
subassembly, and where (1) at least one of the subassemblies, if 
entered individually, would not itself be subject to the scope; (2) 
the aluminum extrusions within the merchandise collectively account 
for 50 percent or less of the actual weight of the combined multiple 
subassemblies (without including any non-extruded aluminum fasteners 
in the calculations); and (3) the aluminum extrusions within the 
merchandise collectively account for 50 percent or less of the 
number of pieces of the combined multiple subassemblies (without 
including any non-extruded aluminum fasteners in the calculations).
    The scope also includes aluminum extrusions that have been 
further processed in a third country, including, but not limited to, 
the finishing and fabrication processes described above, assembly, 
whether with other aluminum extrusion components or with non-
aluminum extrusion components, or any other processing that would 
not otherwise remove the merchandise from the scope if performed in 
the country of manufacture of the in-scope product. Third country 
processing; finishing; and/or fabrication, including those processes 
described in the scope, does not alter the country of origin of the 
subject aluminum extrusions.
    The following aluminum extrusion products are excluded: aluminum 
extrusions made from an aluminum alloy with an Aluminum Association 
series designations commencing with the number 2 (or proprietary 
equivalents or other certifying body equivalents) and containing in 
excess of 1.5 percent copper by weight; aluminum extrusions made 
from an aluminum alloy with an Aluminum Association series 
designation commencing with the number 5 (or proprietary equivalents 
or other certifying body equivalents) and containing in excess of 
2.0 percent magnesium by weight; and aluminum extrusions made from 
an aluminum alloy with an Aluminum Association series designation 
commencing with the number 7 (or proprietary equivalents or other 
certifying body equivalents) and containing in excess of 2.0 percent 
zinc by weight.
    The scope also excludes aluminum alloy sheet or plates produced 
by means other than

[[Page 80535]]

the extrusion process, such as aluminum products produced by a 
method of continuous casting or rolling. Cast aluminum products are 
also excluded. The scope also excludes 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 (not including proprietary equivalents 
or other certifying body equivalents) 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 are extruded drawn solid profiles 
made from an aluminum alloy with the Aluminum Association series 
designation commencing with the number 1, 3, or 6 (or proprietary 
equivalents or other certifying body equivalents), including 
variants on individual alloying elements not to circumvent the other 
Aluminum Association series designations, which meet each of the 
following characteristics: (1) solid cross sectional area greater 
than 62.4 mm\2\ and less than 906 mm\2\, (2) minimum electrical 
conductivity of 58% of the international annealed copper standard 
(IACS) or maximum resistivity of 2.97 [mu][Omega]/cm, (3) a 
uniformly applied nonelectrically conductive temperature-resistant 
coating co-extruded over characteristic (1) of either polyamide, 
cross-linked polyethylene, or silicone rubber material which meets 
the following standards: (a) Vicat A temperature threshold of >140 
degrees Celsius, (b) flammability requirements of UL 94V-0, and (c) 
a minimum coating thickness of 0.10 mm and maximum coating thickness 
of 2.0 mm, with a maximum thickness tolerance of +/- 0.20 mm, (4) 
characteristic 3 may or may not be encapsulated with a ``Precision 
Drawn Tubing,'' wall thicknesses less than 1.2mm, which is 
mechanically fixed in place, and (5) packaged in straight lengths, 
bent or formed and/or attached to hardware.
    Also excluded from the scope are extruded tubing and drawn over 
a ID plug and through a OD die made from an aluminum alloy with the 
Aluminum Association series designation commencing with the number 
3, 5, or 6 (or proprietary equivalents or other certifying body 
equivalents), including variants on individual alloying elements not 
to circumvent the other Aluminum Association series designations, 
which meet each of the following characteristics: (1) an outside 
mean diameter no greater than 30 mm with a tolerance less than or 
equal to +/- 0.10 mm, (2) uniform wall thickness no greater than 2.7 
mm with wall tolerances less than or equal to +/- 0.1 mm, (3) may be 
coated with materials, including zinc, such that the coating 
material weight is no less than 3 g/m2 and no greater than 30 g/m2, 
and (4) packaged in continuous coils, straight lengths, bent or 
formed.
    The scope also excludes fully and permanently assembled glass 
refrigerator shelves with decorative aluminum trim meeting the 
following characteristics: (1) aluminum trim meeting Aluminum 
Association series 6063-T5 designation that is anodized; (2) 
aluminum trim length of not more than 800 mm, and (3) aluminum trim 
width of not more than 40 mm. Such fully and permanently assembled 
glass refrigerator shelves include other components in addition to 
the aluminum trim, including, but not limited to, glass, steel, and 
plastic. Only fully and permanently assembled glass refrigerator 
shelves that require no further processing, fabrication, finishing, 
assembly, or the addition of any parts or material are excluded. 
Imports of glass refrigerator shelves are classified under HTSUS 
8418.99.8050, which is being included for convenience.
    Also excluded from the scope of this investigation is certain 
rectangular wire, imported in bulk rolls or precut strips and 
produced from continuously cast rolled aluminum wire rod, which is 
subsequently extruded to dimension to form rectangular wire with or 
without rounded edges. The product is made from aluminum alloy grade 
1070 or 1370 (not including proprietary equivalents or other 
certifying body equivalents), with no recycled metal content 
allowed. The dimensions of the wire are 2.95 mm to 6.05 mm in width, 
and 0.65 mm to 1.25 mm in thickness. Imports of rectangular wire are 
provided for under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 7605.19.0000, 7604.10.5000, or 7616.99.5190.
    Also excluded from the scope of the antidumping and 
countervailing duty investigations on aluminum extrusions from the 
People's Republic of China are all products covered by the scope of 
the antidumping and countervailing duty orders on Aluminum 
Extrusions from the People's Republic of China. See Aluminum 
Extrusions from the People's Republic of China: Antidumping Duty 
Order, 76 FR 30650 (May 26, 2011); and Aluminum Extrusions from the 
People's Republic of China: Countervailing Duty Order, 76 FR 30653 
(May 26, 2011) (collectively, Aluminum Extrusions from the People's 
Republic of China). Solely for the investigations on aluminum 
extrusions from the People's Republic of China, the following is an 
exhaustive list of products where the aluminum extrusion portions 
thereof meet the definition of subject merchandise. The language 
contained in the rest of the scope applies to this exhaustive list 
of products. Merchandise that is not included in the following list 
that meets the definition of subject merchandise in the 2011 
antidumping and countervailing duty orders on Aluminum Extrusions 
from the People's Republic of China remains subject to the earlier 
orders. No other section of this scope language that provides 
examples of subject merchandise is exhaustive.
    The aluminum extrusion portions of the following products are 
included in the scope of the investigations on aluminum extrusions 
from the People's Republic of China, whether assembled or 
unassembled: heat sinks as described above; cleaning system 
components like mop parts and subassemblies and poles; banner stand 
and back wall parts and subassemblies; fabric wall systems; drapery 
rails; side mount valve controls; water heater anodes; solar panel 
mounting systems; automotive heating and cooling system components; 
assembled motor cases with stators; louver assemblies; event 
d[eacute]cor; window wall and window wall units and parts; trade 
booths; micro channel heat exchangers; telescoping poles, pole 
handles, and pole attachments; flagpoles; wind sign frames; foreline 
hose assembly; electronics enclosures; parts and subassemblies for 
storefronts, including portal sets; light poles; air duct registers; 
outdoor sporting goods parts and subassemblies; glass refrigerator 
shelves; aluminum ramps; handicap ramp system parts and 
subassemblies; frames and parts for tents and clear span structures; 
parts and subassemblies for screen enclosures, patios, and sunrooms; 
parts and subassemblies for walkways and walkway covers; aluminum 
extrusions for Light Emitting Diode (LED) lights; parts and 
subassemblies for screen, storm, and patio doors; pontoon boat parts 
and subassemblies, including rub rails, flooring, decking, transom 
structures, canopy systems, seating; boat hulls, framing, ladders, 
and transom structures; parts and subassemblies for docks, piers, 
boat lifts and mounting; recreational and boat trailer parts and 
subassemblies, including subframes, crossmembers, and gates; solar 
tracker assemblies with gears; garage door framing systems; door 
threshold and sill assemblies; highway and bridge signs; bridge, 
street, and highway rails; scaffolding, including planks and struts; 
railing and support systems; parts and subassemblies for exercise 
equipment; weatherstripping; door bottom and sweeps; door seals; 
floor transitions and trims; parts and subassemblies for modular 
walls and office furniture; truck trailer parts and subassemblies; 
boat cover poles, outrigger poles, and rod holders; bleachers and 
benches; parts and subassemblies for elevators, lifts, and 
dumbwaiters; parts and subassemblies for mirror and framing systems; 
window treatments; parts and subassemblies for air foils and fans; 
bus and Recreational Vehicle (RV) window frames; sliding door rails; 
dock ladders; parts and subassemblies for RV frames and trailers; 
awning, canopy, and sunshade structures and their parts and 
subassemblies; marine motor mounts; linear lighting housings; and 
cluster mailbox systems.
    Imports of the subject merchandise are primarily provided for 
under the following categories of the HTSUS: 7604.10.1000; 
7604.10.3000; 7604.10.5000; 7604.21.0010; 7604.21.0090; 
7604.29.1010; 7604.29.1090; 7604.29.3060; 7604.29.3090; 
7604.29.5050; 7604.29.5090; 7608.10.0030; 7608.10.0090; 
7608.20.0030; 7608.20.0090; 7609.00.0000; 7610.10.0010; 
7610.10.0020; 7610.10.0030; 7610.90.0040; and 7610.90.0080.
    Imports of the subject merchandise, including subject 
merchandise entered as parts of other products, may also be 
classifiable under the following additional HTSUS categories, as 
well as other HTSUS categories: 6603.90.8100; 7606.12.3091; 
7606.12.3096; 7615.10.2015; 7615.10.2025; 7615.10.3015; 
7615.10.3025; 7615.10.5020; 7615.10.5040; 7615.10.7125; 
7615.10.7130; 7615.10.7155; 7615.10.7180; 7615.10.9100; 
7615.20.0000; 7616.10.9090; 7616.99.1000;

[[Page 80536]]

7616.99.5130; 7616.99.5140; 7616.99.5190; 8302.10.3000; 
8302.10.6030; 8302.10.6060; 8302.10.6090; 8302.20.0000; 
8302.30.3010; 8302.30.3060; 8302.41.3000; 8302.41.6015; 
8302.41.6045; 8302.41.6050; 8302.41.6080; 8302.42.3010; 
8302.42.3015; 8302.42.3065; 8302.49.6035; 8302.49.6045; 
8302.49.6055; 8302.49.6085; 8302.50.0000; 8302.60.3000; 
8302.60.9000; 8305.10.0050; 8306.30.0000; 8414.59.6590; 
8415.90.8045; 8418.99.8005; 8418.99.8050; 8418.99.8060; 
8419.50.5000; 8419.90.1000; 8422.90.0640; 8424.90.9080; 
8473.30.2000; 8473.30.5100; 8479.89.9599; 8479.90.8500; 
8479.90.9596; 8481.90.9060; 8481.90.9085; 8486.90.0000; 
8487.90.0080; 8503.00.9520; 8508.70.0000; 8513.90.2000; 
8515.90.2000; 8516.90.5000; 8516.90.8050; 8517.71.0000; 
8517.79.0000; 8529.90.7300; 8529.90.9760; 8536.90.8585; 
8538.10.0000; 8541.90.0000; 8543.90.8885; 8547.90.0020; 
8547.90.0030; 8547.90.0040; 8708.10.3050; 8708.29.5160; 
8708.80.6590; 8708.99.6890; 8807.30.0060; 9031.90.9195; 
9401.99.9081; 9403.99.1040; 9403.99.9010; 9403.99.9015; 
9403.99.9020; 9403.99.9040; 9403.99.9045; 9405.99.4020; 
9506.11.4080; 9506.51.4000; 9506.51.6000; 9506.59.4040; 
9506.70.2090; 9506.91.0010; 9506.91.0020; 9506.91.0030; 
9506.99.0510; 9506.99.0520; 9506.99.0530; 9506.99.1500; 
9506.99.2000; 9506.99.2580; 9506.99.2800; 9506.99.5500; 
9506.99.6080; 9507.30.2000; 9507.30.4000; 9507.30.6000; 
9507.30.8000; 9507.90.6000; and 9603.90.8050.
    While HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, in 
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
    Comment 1: Application of Total Adverse Facts Available (AFA) to 
East Asia
    Comment 2: Whether To Accept East Asia's Reported Aluminum 
Consumption
    Comment 3: Date of Sale for East Asia's Constructed Export Price 
(CEP) Sales
    Comment 4: Application of AFA to East Asia's Reported Date of 
Sale
    Comment 5: Whether To Use Nominal Weight or Actual Weight
    Comment 6: Whether To Collapse East Asia With its Affiliated 
Importers and Trading Companies
    Comment 7: Calculation of U.S. Credit Expenses
    Comment 8: Freight Revenue
    Comment 9: Interest Revenue
    Comment 10: Market Economy (ME) Purchases of Aluminum Ingot
    Comment 11: Valuation of Ocean Freight and Marine Insurance
    Comment 12: Surrogate Value Financial Statements
    Comment 13: Certain Surrogate Values (SVs)
    Comment 14: Whether To Accept LIXIL's Quantity & Value (Q&V) 
Questionnaire Response
    Comment 15: Critical Circumstances Determination for GameChange
    Comment 16: Cash Deposit Rate for the Non-Examined Separate Rate 
Respondents
VI. Recommendation

[FR Doc. 2024-22791 Filed 10-2-24; 8:45 am]
BILLING CODE 3510-DS-P