[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7423-7425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02650]


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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 and Rescission of 
Review, in Part; 2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
countervailable subsidies are being provided to producers and exporters 
of aluminum extrusions from the People's Republic of China (China) 
during the period of review (POR), January 1, 2019, through December 
31, 2019. In addition, we are rescinding the review for numerous 
companies for which the request for review was withdrawn.

DATES: Applicable February 9, 2022.

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:

Background

    On August 6, 2021, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ We invited 
parties to comment on the Preliminary Results. On September 7, 2021, 
case briefs were filed by the following interested parties: Global 
Aluminum Distributor; Kingtom Aluminio S.R.L. (Kingtom); and JL Trading 
Co., Puertas Y Ventanas JM Inc., and Industrias Feliciano Al Inc.\2\ On 
September 17, 2021, the Aluminum Fair Trade Committee (the petitioner) 
submitted a rebuttal brief.\3\ On December 2, 2021, Commerce extended 
the final results of review by 48 days, until January 21, 2021.\4\ On 
January 20, 2022, Commerce extended the final results by an additional 
12 days, until February 2, 2022.\5\ For a full description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\6\ On January 27, 2022, Commerce placed a 
memorandum on the record regarding Commerce's AFA determination with 
respect to Kingtom for the preliminary results of review (Kingtom AFA 
Memorandum) and invited interested parties to submit comments.\7\ On 
January 31, 2022, and on February 1, 2022, the petitioner and Kingtom, 
respectively, submitted comments on the Kingtom AFA Memorandum.\8\
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    \1\ See Aluminum Extrusions from the People's Republic of China: 
Preliminary Results of the Countervailing Duty Administrative Review 
and Intent to Rescind, in Part; 2019, 86 FR 43173 (August 6, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Global Aluminum Distributor, LLC's Letter, ``Aluminum 
Extrusions from the People's Republic of China; C-570-968; Case 
Brief,'' dated September 4, 2021; see also Kingtom Aluminio S.R.L.'s 
Letter, ``Case Brief of Kingtom Aluminio S.R.L.,'' dated September 
7, 2021; and JL Trading Corp.'s, Puertas Y Ventanas JM Inc.'s, and 
Industrias Feliciano Al Inc.'s Letter, ``Aluminum Extrusions from 
the People's Republic of China: Case Brief,'' dated September 7, 
2021.
    \3\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Rebuttal Brief,'' dated September 16, 
2021.
    \4\ See Memorandum, ``Aluminum Extrusions from the People's 
Republic of China: Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2019,'' dated December 2, 
2021.
    \5\ See Memorandum, ``Aluminum Extrusions from the People's 
Republic of China: Extension of Deadline for Final Results of 
Countervailing Duty Administrative Review; 2019,'' dated January 19, 
2022.
    \6\ See Memorandum, ``Decision Memorandum for Final Results of 
2019 Administrative Review of Aluminum Extrusions from the People's 
Republic of China,'' dated concurrently with, and hereby adopted by, 
this notice (Issues and Decision Memorandum).
    \7\ See Memorandum, ``Placement of `Kingtom AFA Memorandum' on 
the Record,'' dated January 27, 2022.
    \8\ See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Comments on Kingtom AFA Memorandu,'' 
dated January 31, 2022; see also Kingtom's Letter, ``Aluminum 
Extrusions from the People's Republic of China, Case No. C-570-968: 
Kingtom Response to Placement of AFA Memorandum on the Record,'' 
dated February 1, 2022.
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Scope of the Order 9
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    \9\ See Aluminum Extrusions from the People's Republic of China: 
Countervailing Duty Order, 76 FR 30653 (May 26, 2011) (Order).
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    The merchandise covered by the Order is aluminum extrusions from 
China. For the complete description of the scope of the Order, see 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in interested parties' briefs and comments are 
addressed in the Issues and Decision Memorandum. A list of the issues 
raised by interested parties, and to which Commerce responded in the 
Issues and Decision Memorandum, is provided in the 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 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.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, Commerce made changes to certain program-specific rates 
applied to Kingtom on the basis of adverse facts available (AFA). See 
AFA Calculation Memorandum.\10\
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    \10\ See Memorandum, ``Administrative Review of Countervailing 
Duty Order on Aluminum Extrusions from the People's Republic of 
China: AFA Calculation Memorandum for the Final Results of Review; 
2019,'' dated February 2, 2022 (AFA Calculation Memorandum).
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(l)(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 the subsidy is specific.\11\ 
For a full description of the methodology underlying all of Commerce's 
conclusions, including any determination that relied upon the use of 
AFA pursuant to section 776(a) and (b) of the Act, see the Issues and 
Decision Memorandum.
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    \11\ 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.
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Rescission of Administrative Review, in Part

    In the Preliminary Results, we stated our intent to rescind the 
review with respect to companies named in the Initiation Notice for 
which all review requests were timely withdrawn in accordance with 19 
CFR 351.213(d)(1). These companies are listed in Appendix II of this 
notice. For these companies, Commerce is rescinding the administrative 
review and will assess duties at rates equal to the rates of the cash 
deposits for estimated countervailing duties required at the time of 
entry, or withdrawn from warehouse, for consumption, during the

[[Page 7424]]

POR, in accordance with 19 CFR 351.212(c)(1).\12\
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    \12\ See Preliminary Results. In the Preliminary Results, 
Commerce inadvertently provided an incorrect list of companies on 
which it intended to rescind the administrative review at Appendix 
II. Commerce has included the correct list of companies for which it 
will rescind this administrative review, in accordance with the 
withdrawal of requests review submitted by the petitioner on October 
8, 2020. See Petitioner's Letter, ``Aluminum Extrusions from the 
People's Republic of China: Partial Withdrawal of Request for 
Administrative Review,'' dated October 8, 2020.
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Rate for Non-Selected Companies Under Review

    For the companies not selected for individual examination, because 
we have not calculated rates for any company selected for individual 
examination, we have no such rates to use as a basis to determine the 
rate for companies not selected for individual examination in this 
review. Thus, we applied the above-de minimis, non-AFA countervailable 
subsidy rate from the most recently completed administrative review of 
the Order, in which we calculated a subsidy rate for an individual 
mandatory respondent, i.e., the 2014 administrative review of this 
Order.\13\ For further discussion, see the Issues and Decision 
Memorandum.
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    \13\ See Aluminum Extrusions from the People's Republic of 
China: Final Results and Partial Rescission of Countervailing Duty 
Administrative Review; 2014, 81 FR 92778 (December 20, 2016).
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Final Results of Administrative Review

    We determine the following final countervailable subsidy rates for 
the period January 1, 2019, through December 31, 2019: \14\
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    \14\ See Preliminary Results; see also AFA Calculation 
Memorandum.

------------------------------------------------------------------------
                                                              Ad Valorem
                           Company                               rate
                                                               (percent)
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CRRC Changzhou Auto Parts Co. Ltd...........................  \15\ 16.08
Jiangsu Asia-Pacific Light Alloy Technology Co Ltd..........      242.56
Kanal Precision Aluminum Product Co. Ltd....................       16.08
Kingtom Aluminio SRL........................................      242.56
Uniton Investment Ltd.......................................       16.08
Wellste Material Co Ltd.....................................      242.56
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Disclosure

    In this case, the only calculation to disclose is the calculation 
of the AFA rate assigned to certain respondents. Therefore, Commerce 
will disclose to the parties in this proceeding the calculation 
performed for these final results within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).
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    \15\ As stated in the Preliminary Results under the section 
titled, ``Preliminary Rate for Non-Selected Companies Under 
Review,'' this subsidy rate reflects the subsidy rate calculated for 
a mandatory respondent in the 2014 administrative review of this 
countervailing duty order.
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Assessment Rates

    Pursuant to 19 CFR 351.212(b)(2), Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, countervailing duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review, for the above-listed companies at the 
applicable ad valorem assessment rates, Commerce intends to issue 
assessment instructions, including assessment instructions for those 
companies for which we rescinded the review, 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).

Cash Deposit Requirements

    In accordance with section 751(a)(1) of the Act, Commerce intends 
to instruct CBP to collect cash deposits of estimated countervailing 
duties at the rates shown for each of the companies listed above 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, 
Commerce will instruct CBP to continue to collect cash deposits of 
estimated countervailing duties at the most recent company-specific or 
all-others rate applicable to the company, as appropriate. 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 destruction 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 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.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    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. Rescission of the Administrative Review, In Part
V. Rate for Companies Not Selected for Individual Examination
VI. Use of Facts Available and Application of Adverse Inferences
VII. Subsidy Programs Subject to Countervailable Duties
VIII. Changes Since the Preliminary Results
IX. Analysis of Comment
X. Recommendation

Appendix II--List of Companies for Which We Are Rescinding This 
Administrative Review

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

[[Page 7425]]

34. Guangzhou Jintao Trade Company
35. Hangzhou Evernew Machinery & Equipment Co., Ltd.
36. Hangzhou Tonny Electric and Tools Co., Ltd.
37. Hefei Sylux Imp. & Exp. Co., Ltd.
38. Hong Kong Dayo Company, Ltd.
39. Huazhijie Plastic Products
40. Huiqiao International Shanghai
41. Ilshim Almax
42. Jer Education Technology
43. Jiangsu Weatherford Hongda Petroleum Equipment Co., Ltd.
44. Jiangsu Yizheng Haitian Aluminum Industrial
45. Jiang Yin Ming Ding Aluminum & Plastic Products Co. Ltd
46. Jilin Qixing Aluminum Industries Co., Ltd.
47. Jin Lingfeng Plastic Electrical Appliance
48. Larkcop International Co Ltd
49. Ledluz Co Ltd
50. Liansu Group Co. Ltd
51. Links Relocations Beijing
52. Marshell International
53. Modular Assembly Technology
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. Rollease Acmeda Pty
64. Sewon
65. Shandong Huajian Aluminum Industry
66. Shanghai EverSkill M&E Co., Ltd.
67. Shanghai Jingxin Logistics
68. Shanghai Ouma Crafts Co, Ltd.
69. Shanghai Phidix Trading
70. Sinogar Aluminum
71. Sunvast Trade Shanghai
72. Suzhou Mingde Aluminum
73. Tai-Ao Aluminum (Taishan) Co., Ltd.
74. Taizhou Puan Lighting Technology
75. Transwell Logistics Co., Ltd.
76. United Aluminum
77. Wanhui Industrial China
78. Wenzhou Yongtai Electric Co., Ltd.
79. Winstar Power Technology Limited
80. Wisechain Trading Ltd.
81. Wuxi Lotus Essence
82. Wuxi Rapid Scaffolding Engineering
83. Wuxi Zontai Int'l Corporation Ltd.
84. Xuancheng Huilv Aluminum Industry Co., Ltd.
85. Yekalon Industry Inc
86. Yonn Yuu Enterprise Co., Ltd.
87. Yuyao Royal Industrial
88. Zhejiang Guoyao Aluminum Co., Ltd.
89. Zhejiang Shiner Import and Export
90. Zhongshan Broad Windows and Doors and Curtain
91. ZL Trade Shanghai

[FR Doc. 2022-02650 Filed 2-8-22; 8:45 am]
BILLING CODE 3510-DS-P