[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7098-7100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02639]



[[Page 7098]]

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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-967]


Aluminum Extrusions From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
aluminum extrusions from the People's Republic of China (China) were 
made at less than normal value (NV) during the period of review (POR) 
May 1, 2019, through April 30, 2020.

DATES: Applicable February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Mark Flessner, 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) 482-6312.

SUPPLEMENTARY INFORMATION:

Background

    On August 6, 2021, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ These final results cover 87 
companies for which an administrative review was initiated and not 
rescinded. On September 7, 2021, the following parties submitted case 
briefs: (1) Kingtom Aluminio S.R.L. (Kingtom); \2\ (2) Global Aluminum 
Distributor, LLC; \3\ and (3) JL Trading Corp., Puertas Y Ventanas JM 
Inc., and Industrias Feliciano Al Inc.\4\ Additionally, on September 7, 
2021, Hialeah Aluminum Supply, Inc. and Classic Metals Suppliers Corp. 
filed a letter in lieu of a case brief.\5\ On September 16, 2021, the 
Aluminum Extrusions Fair Trade Committee (the petitioner) submitted a 
rebuttal brief.\6\ On November 17, 2021, Commerce extended the deadline 
for these final results until February 2, 2022.\7\ Commerce conducted 
this review in accordance with section 751(a)(1)(B) of the Tariff Act 
of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review and 
Rescission of Review, in Part; 2019-2020, 86 FR 43168 (August 6, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ See Kingtom's Letter, ``Case Brief of Kingtom Aluminio 
S.R.L.,'' dated September 7, 2021.
    \3\ See Global Aluminum Distributor, LLC's Letter, ``Aluminum 
Extrusions from the People's Republic of China; A-570-967; Case 
Brief,'' dated September 7, 2021.
    \4\ See JL Trading Corp., Puertas Y Ventanas JM Inc., and 
Industrias Feliciano Al Inc.'s Letter, ``Aluminum Extrusions from 
the People's Republic of China: Case Brief,'' dated September 7, 
2021.
    \5\ See Hialeah Aluminum Supply, Inc. and Classic Metals 
Suppliers Corp.'s Letter, ``Aluminum Extrusions from China; Letter 
in Lieu of Case Brief,'' dated September 7, 2021.
    \6\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Rebuttal Brief,'' dated September 16, 
2021.
    \7\ See Memorandum, ``Aluminum Extrusions from the People's 
Republic of China, 2019-2020: Extension of Deadline for Final 
Results of Antidumping Duty Administrative Review,'' dated November 
17, 2021.
---------------------------------------------------------------------------

    A complete summary of the events that occurred since publication of 
the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, may be found in the Issues 
and Decision Memorandum.\8\ 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decisions Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: 
Aluminum Extrusions from the People's Republic of China; 2019-
2020,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order <SUP>9</SUP>
---------------------------------------------------------------------------

    \9\ See Aluminum Extrusions from the People's Republic of China: 
Antidumping Duty Order, 76 FR 30650 (May 26, 2011) (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). A full description of the scope of the 
Order is contained in the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum. A 
list of the issues that parties raised and that we addressed in the 
Issues and Decision Memorandum follows as an appendix to this notice.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes for these final results.

Separate Rates

    In the Preliminary Results, we determined that none of the 
companies for which an administrative review was requested, and not 
withdrawn, was entitled to a separate rate. We therefore preliminarily 
determined that 85 companies listed in Appendix III of the Preliminary 
Results were not eligible for a separate rate in this administrative 
review.\10\ For these final results of review, we have made no changes 
to our preliminary separate rate analysis \11\ and continue to find 
that the 85 companies listed in Appendix II of this notice are not 
eligible for a separate rate in this administrative review.
---------------------------------------------------------------------------

    \10\ See Preliminary Results, 86 FR 43171, and PDM at 15-17.
    \11\ Id.
---------------------------------------------------------------------------

China-Wide Entity

    We continue to determine for these final results that the 85 
companies listed in Appendix II are part of the China-wide entity in 
this administrative review.\12\
---------------------------------------------------------------------------

    \12\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\13\ Under this policy, 
the China-wide entity will not be under review unless a party 
specifically requests, or Commerce self-initiates, a review of the 
entity. Because no party requested a review of the China-wide entity in 
the instant review, and because Commerce did not self-initiate such a 
review, the entity is not under review, and the entity's current rate 
(i.e., 86.01 percent) \14\ is not subject to change.
---------------------------------------------------------------------------

    \13\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \14\ See Aluminum Extrusions from the People's Republic of 
China: Final Results of Antidumping Duty Administrative Review; 
2017-2018, 84 FR 56164, 56165 (October 21, 2019).
---------------------------------------------------------------------------

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that Anderson 
International and Sunvast Trade Shanghai did not have shipments of 
subject merchandise to the United States during the POR.\15\ As we 
received no information to contradict our preliminary determination of 
no shipments with

[[Page 7099]]

respect to these two companies, we continue to find that they made no 
shipments of subject merchandise to the United States during the POR. 
Accordingly, we will issue appropriate instructions for these two 
companies that are consistent with our ``automatic assessment'' 
clarification.\16\
---------------------------------------------------------------------------

    \15\ See Preliminary Results PDM at 11.
    \16\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment'' section, below.
---------------------------------------------------------------------------

Adjustments for Countervailable Subsidies

    Because no company established eligibility for an adjustment under 
section 777A(f) of the Act for countervailable domestic subsidies, for 
these final results, Commerce did not make an adjustment pursuant to 
section 777A(f) of the Act for countervailable domestic subsidies for 
separate-rate recipients. Furthermore, because the China-wide entity is 
not under review, we made no adjustment for countervailable export 
subsidies for the China-wide entity pursuant to section 772(c)(1)(C) of 
the Act.

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
Commerce will determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with the final results of this review. 
Consistent with its recent notice,\17\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). These final results of review shall be the basis for the 
assessment of antidumping duties on entries of merchandise under review 
and for future deposits of estimated duties, where applicable. 
Consistent with Commerce's assessment practice in non-market economy 
cases, where we have determined that an exporter under review had no 
shipments of subject merchandise, any suspended entries that entered 
under the exporter's case number (i.e., at that exporter's rate) will 
be liquidated at the China-wide rate.\18\
---------------------------------------------------------------------------

    \17\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
    \18\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For previously 
investigated or reviewed Chinese and non-Chinese exporters not listed 
above that received a separate rate in a prior segment of this 
proceeding, the cash deposit rate will continue to be the exporter-
specific rate published for the most-recently completed segment of this 
proceeding in which the exporter was reviewed; (2) for all Chinese 
exporters of subject merchandise which have not been found to be 
entitled to a separate rate, the cash deposit rate will be that 
established for the China-wide entity (3) for all non-Chinese exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the Chinese exporter that 
supplied that non-Chinese exporter (or, if unidentified, that of the 
China-wide entity); and (4) for the China-wide entity, the cash deposit 
rate will be 86.01 percent. These deposit requirements, when imposed, 
shall remain in effect until further notice.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction or return of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the destruction or 
return of APO materials or conversion to judicial protective order is 
hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).

    Dated: February 2, 2022.
Lisa W. Wang,
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. Discussion of the Issues
    Comment 1: Enforce and Protect Act (EAPA) Determinations and Due 
Process
    Comment 2: Separate Rate
V. Recommendation

Appendix II--Companies Not Entitled to a Separate Rate

1. Allpower Display Co., Ltd
2. Amidi Zhuhai
3. Beauty Sky Technology Co. Ltd
4. Changshu Changsheng Aluminum Products Co., Ltd
5. Chenming Industry and Commerce Shouguang Co., Ltd.
6. China International Freight Co. Ltd
7. China State Decoration Group Co., Ltd.
8. CRRC Changzhou Auto Parts Co. Ltd *
9. Custom Accessories Asia Ltd.
10. Everfoison Industry Ltd.
11. Foshan City Fangyuan Ceramic
12. Foshan City Nanhai Yongfeng Aluminum
13. Foshan City Top Deal Import and Export Co., Ltd.
14. Foshan Gold Bridge Import and Export Co. Ltd.
15. Foshan Golden Promise Import and Export Co., Ltd.
16. Foshan Guangshou Import and Export Co., Ltd.
17. Foshan Xingtao Aluminum Profile Co., Ltd.
18. Fujian Minfa Aluminum Inc.
19. Fujian Minfa Aluminum Co., Ltd.
20. Fuzhou Ruifuchang Trading Co., Ltd.
21. Fuzhou Sunmodo New Energy Equipment Co., Ltd.
22. Gebruder Weiss
23. Gold Bridge International
24. Grupo Emb
25. Grupo Europeo La Optica
26. Grupo Pe No Mato In
27. Guangdong Gaoming Guangtai Shicai
28. Guangdong Gaoxin Communication Equipment Industrial Co., Ltd.
29. Guangdong Golden China Economy
30. Guangdong Maoming Foreign Trade Enterprise Development Co.
31. Guangdong Taiming Metal Products Co., LTD.
32. Guangdong Victor Aluminum Co., Ltd.
33. Guangzhou Jintao Trade Company
34. Hangzhou Evernew Machinery &

[[Page 7100]]

Equipment Co., Ltd.
35. Hangzhou Tonny Electric and Tools Co., Ltd.
36. Hefei Sylux Imp. & Exp. Co., Ltd.
37. Hong Kong Dayo Company, Ltd.
38. Huazhijie Plastic Products
39. Huiqiao International Shanghai
40. Ilshim Almax
41. Jer Education Technology
42. Jiangsu Weatherford Hongda Petroleum Equipment Co., Ltd.
43. Jiangsu Yizheng Haitian Aluminum Industrial
44. Jiang Yin Ming Ding Aluminum & Plastic Products Co., Ltd
45. Jilin Qixing Aluminum Industries Co., Ltd.
46. Jin Lingfeng Plastic Electrical Appliance
47. Kanal Precision Aluminum Product Co. Ltd.
48. Kingtom Aluminio SRL
49. Larkcop International Co Ltd
50. Ledluz Co Ltd
51. Liansu Group Co. Ltd
52. Links Relocations Beijing
53. Marshell International
54. Ningbo Deye Inverter Technology
55. Ningbo Hightech Development
56. Ningbo Winjoy International Trading
57. Orient Express Container
58. Ou Chuang Plastic Building Material (Zhejiang) Co., Ltd.
59. Pentagon Freight Service
60. Pro Fixture Hong Kong
61. Qingdao Sea Nova Building
62. Qingdao Yahe Imports and Exports
63. Sewon
64. Shandong Huajian Aluminum Industry
65. Shanghai EverSkill M&E Co., Ltd.
66. Shanghai Jingxin Logistics
67. Shanghai Ouma Crafts Co, Ltd.
68. Shanghai Phidix Trading
69. Sinogar Aluminum
70. Transwell Logistics Co., Ltd.
71. United Aluminum
72. Wanhui Industrial China
73. Wenzhou Yongtai Electric Co., Ltd.
74. Winstar Power Technology Limited
75. Wisechain Trading Ltd.
76. Wuxi Lotus Essence
77. Wuxi Rapid Scaffolding Engineering
78. Wuxi Zontai Int'l Corporation Ltd.
79. Xuancheng Huilv Aluminum Industry Co., Ltd.
80. Yekalon Industry Inc
81. Yonn Yuu Enterprise Co., Ltd.
82. Yuyao Royal Industrial
83. Zhejiang Guoyao Aluminum Co., Ltd.
84. Zhongshan Broad Windows and Doors and Curtain
85. ZL Trade Shanghai

[FR Doc. 2022-02639 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P