[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85510-85512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25012]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-552-837]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending its 
final affirmative determination in the less than fair value (LTFV) 
investigation of aluminum extrusions from the Socialist Republic of 
Vietnam (Vietnam) to correct ministerial errors. The period of 
investigation is April 1, 2023, through September 30, 2023.

DATES: Applicable October 28, 2024.

FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2972.

SUPPLEMENTARY INFORMATION:

[[Page 85511]]

Background

    On October 3, 2024, Commerce published in the Federal Register its 
final affirmative determination of sales at LTFV and final affirmative 
determination of critical circumstances, in part, in the investigation 
of aluminum extrusions from Vietnam.\1\ Also on October 3, 2024, the 
petitioners submitted a timely allegation that Commerce made 
ministerial errors in the Final Determination.\2\ No other interested 
party filed an allegation of a ministerial error or submitted a 
rebuttal to the petitioners' ministerial error allegation. We agree 
that we made ministerial errors in the Final Determination, and we are 
amending the weighted-average dumping margin for East Asia Aluminum 
Company Limited (East Asia) and the non-individually examined separate 
rate companies. Additionally, due to our revision of the weighted-
average dumping margins, we are amending our final determination of 
critical circumstances with respect to these companies.
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    \1\ See 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, 89 FR 80530 (October 3, 2024) (Final Determination), and 
accompanying Issues and Decision Memorandum (IDM).
    \2\ See Petitioners' Letter, ``Ministerial Error Allegation,'' 
dated October 3, 2024. The petitioners are U.S. Aluminum Extruders 
Coalition and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union.
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Scope of the Investigation

    The product covered by this investigation is aluminum extrusions 
from Vietnam. For a complete description of the scope of this 
investigation, see Final Determination.\3\
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    \3\ See Final Determination, 89 FR at 80533.
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Amendment to the Final Determination

    Commerce reviewed the record, and we agree that the errors alleged 
by the petitioners constitute ministerial errors within the meaning of 
section 735(e) of the Tariff Act of 1930, as amended (the Act) and 19 
CFR 351.224(f).\4\ Specifically, we find that we made inadvertent 
errors in valuing East Asia's ocean freight and marine insurance 
expenses. Pursuant to 19 CFR 351.224(e), Commerce is amending the Final 
Determination to reflect the correction of the ministerial errors, as 
described in the Ministerial Error Memorandum.\5\ Based on the 
corrections, East Asia's final dumping margin changed from 14.15 
percent to 16.02 percent. As a result, we are also revising the rate 
assigned to the non-individually examined separate rate companies from 
14.15 percent to 16.02 percent. The amended estimated weighted-average 
dumping margins are listed in the ``Amended Final Determination'' 
section below.
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    \4\ See Memorandum, ``Analysis of Ministerial Error 
Allegation,'' dated concurrently with this Federal Register notice 
(Ministerial Error Memorandum).
    \5\ Id.
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Amendment to the Final Determination of Critical Circumstances, in Part

    In the Final Determination, we found that critical circumstances 
exist with respect to the Vietnam-wide entity, but 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, pursuant to sections 735(a)(3)(A) and (B) of 
the Act, and 19 CFR 351.206.\6\ As a result of our amended final 
determination, we now find that importers of aluminum extrusions 
exported by East Asia and the non-individually examined separate rate 
companies knew or should have known that the exporter was selling the 
subject merchandise at less than its fair value and that there would be 
material injury by reason of such sales, pursuant to section 
735(a)(3)(A)(ii) of the Act, and these imports of subject merchandise 
were massive over a relatively short period, pursuant to section 
735(a)(3)(B). Accordingly, we are amending our Final Determination to 
find that critical circumstances do exist with respect to East Asia and 
the non-individually examined separate rate companies. For further 
discussion, see Ministerial Error Memorandum.
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    \6\ See Final Determination, 89 FR at 80531.
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Amended Final Determination

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
              Exporter                       Producer           dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
East Asia Aluminum Company Limited..  East Asia Aluminum           16.02
                                       Company Limited.
Austdoor Group Joint Stock Company..  Austdoor Group Joint         16.02
                                       Stock Company.
BKQ Manufacturing and Trading         Fravi Vietnam Group          16.02
 Company Limited.                      Joint Stock Company.
Viet Nam Chuangxing Aluminium         Vietnam Yongxing             16.02
 Company Limited.                      Aluminium Industry
                                       Co., Ltd.
Do Thanh Aluminium Joint Stock        Do Thanh Aluminium           16.02
 Company.                              Joint Stock Company.
Ha Noi DST Joint Stock Company......  Ha Noi DST Joint Stock       16.02
                                       Company.
Euroha Joint Stock Company..........  Euroha Joint Stock           16.02
                                       Company.
Fravi Viet Nam Group Joint Stock      Fravi Viet Nam Group         16.02
 Company.                              Joint Stock Company.
Gold Well Co., Ltd..................  Gold Well Co., Ltd....       16.02
Hong Xin Co., Ltd...................  Vietnam Yongxing             16.02
                                       Aluminium Industry
                                       Co., LTD.
Hyundai Aluminum Vina Shareholding    Hyundai Aluminum Vina        16.02
 Company.                              Shareholding Company.
KIMSEN Industrial Corporation.......  KIMSEN Industrial            16.02
                                       Corporation.
Mien Hua Precision Mechanical Co.,    Mien Hua Precision           16.02
 Ltd.                                  Mechanical Co., Ltd.
Ngoc Diep Aluminium Joint Stock       Ngoc Diep Aluminium          16.02
 Company.                              Joint Stock Company.
Nhon Trach Branch of Tung Kuang       Nhon Trach Branch of         16.02
 Industrial Joint Stock Company.       Tung Kuang Industrial
                                       Joint Stock Company.
Northstar Precision (Vietnam) Co.,    Northstar Precision          16.02
 Ltd.                                  (Vietnam) Co., Ltd.
Sapa Ben Thanh Aluminium Profiles,    Sapa Ben Thanh               16.02
 Co., Ltd.                             Aluminium Profiles,
                                       Co., Ltd.
Song Hong Aluminum Shalumi Group      Song Hong Aluminum           16.02
 Joint Stock Company.                  Shalumi Group Joint
                                       Stock Company.
Shinyang Metal Korea Co., Ltd.......  Shinyang Metal Korea         16.02
                                       Co., Ltd.
Shinyang Metal Vietnam Co., Ltd.....  Shinyang Metal Vietnam       16.02
                                       Co., Ltd.

[[Page 85512]]

 
Tan A Aluminum Company Limited......  Tan A Aluminum Company       16.02
                                       Limited.
Tin An Investment Production Trading  Austdoor Group Joint         16.02
 Joint Stock Company.                  Stock Company.
Tin An Investment Production Trading  Viet Phap Aluminium          16.02
 Joint Stock Company.                  Factory--Viet Phap
                                       Shal Aluminium Joint
                                       Stock Company.
Tin Kim Plastic Joint Stock Company.  Austdoor Group Joint         16.02
                                       Stock Company.
Tin Kim Plastic Joint Stock Company.  Viet Phap Aluminium          16.02
                                       Factory--Viet Phap
                                       Shal Aluminium Joint
                                       Stock Company.
Tung Kuang Industrial Joint Stock     Tung Kuang Industrial        16.02
 Company.                              Joint Stock Company.
Tung Shin Industrial Co., Ltd.......  Tung Shin Industrial         16.02
                                       Co., Ltd.
Vietnam Beta Aluminum Company         Vietnam Beta Aluminum        16.02
 Limited.                              Company Limited.
Vietnam Yongxing Aluminium Industry   Vietnam Yongxing             16.02
 Co., Ltd.                             Aluminium Industry
                                       Co., Ltd.
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in this 
amended 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).

Amended Cash Deposits and Continuation of Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended final 
determination, in accordance with section 735(c)(1)(B) of the Act. 
These rates will be effective on the date of publication of this notice 
in the Federal Register. These suspension of liquidation instructions 
will remain in effect until further notice.
    In accordance with section 735(c)(4) of the Act, because Commerce 
now finds that critical circumstances exist for East Asia and the non-
individually examined separate rate companies, Commerce intends to 
instruct U.S. Customs and Border Protection (CBP) to suspend 
liquidation of all entries of subject merchandise from these companies 
that were entered, or withdrawn from warehouse for consumption on or 
after February 7, 2024, which is 90 days before the publication of the 
Preliminary Determination \7\ in the Federal Register.
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    \7\ See Aluminum Extrusions from the Socialist Republic of 
Vietnam: Preliminary Affirmative Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination, and Extension of 
Provisional Measures, 89 FR 38075 (May 7, 2024).
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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 amended final 
affirmative determination of sales at LTFV. 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 ``Amended Cash Deposits and 
Continuation of Suspension of Liquidation'' section.

Notification to Interested Parties

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

    Dated: October 22, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-25012 Filed 10-25-24; 8:45 am]
BILLING CODE 3510-DS-P