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###### Department of Commerce

###### International Trade Administration

          - [A-570-967; C-570-968]

# AGENCY:

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

# SUMMARY:

The U.S Department of Commerce (Commerce) is revoking, in part, the antidumping duty (AD) and countervailing duty (CVD) orders on aluminum extrusions from the People's Republic of China (China) with respect to certain rectangular wire.

# DATES:

Applicable July 6, 2022.

# FOR FURTHER INFORMATION CONTACT:

Mark Flessner or Erin Kearney, 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 or (202) 482-0167, respectively.

# SUPPLEMENTARY INFORMATION:

## Background

                    On May 26, 2011, Commerce published the AD and CVD orders on aluminum extrusions from China.[1] 

                    On January 6, 2014, Commerce issued the final results of changed circumstances reviews (CCR), in which it revoked the                     *Orders,*                     in part, based on a request from 3M Company (3M) with regard to a similar product, and added the following language to the scope of the                     *Orders:*

                        Also excluded from the scope of the order is certain rectangular wire produced from continuously cast rolled aluminum wire rod, which is subsequently extruded to dimension to form rectangular wire. The product is made from aluminum alloy grade 1070 or 1370, with no recycled metal content allowed. The dimensions of the wire are 5 mm (+/−0.05 mm) in width and 1.0 mm (+/−0.02 mm) in thickness. Imports of rectangular wire are provided for under HTSUS category 7605.19.000.[2] 

                    On March 23, 2022, 3M requested that Commerce initiate CCRs to revoke, in part, the                     *Orders*                     with respect to certain rectangular wire, pursuant to section 751(b)(l) of the Tariff Act of 1930, as amended (the Act).[3]                                          3M requested that Commerce exercise its discretion to extend the effective date back by one additional day, setting an effective date of the revocation of the                     *Orders*                     to entries entered on or after April 30, 2021. 3M stated that it is a U.S. importer of certain rectangular wire and, as such, is an interested party pursuant to section 771(9)(A) of the Act.                

                    On April 13, 2022, the Aluminum Extrusions Fair Trade Committee (the petitioner) submitted comments in support of partially revoking the                     *Orders*                     with regard to the certain rectangular wire defined in the CCR Request.[4]                                          The petitioner submitted data demonstrating that it represents “substantially all” of the production of the domestic like product.[5]                                          The petitioner also supported 3M's request that the partial revocation of the                     *Orders*                     with respect to the certain rectangular wire defined in the CCR Request include unliquidated entries of the certain rectangular wire that was entered on or after April 30, 2021.[6] 

                    On May 12, 2022, we published the initiation of the requested CCRs.[7]                                          In the                     *Initiation Notice,*                     we invited interested parties to provide comments and/or factual information regarding these CCRs, including comments on the harmonization of the language of the of the                     *2014 Revocation in Part*                     with the certain rectangular wire defined in the current CCR Request, and the setting of an effective date of the partial revocation of the                     *Orders*                     to entries entered on or after April 30, 2021.                

                    On May 19, 2022, 3M submitted comments [8]                                          on the                     *Initiation Notice,*                     in which 3M provided revised language to harmonize the language of the products that are the subject of these CCRs with the language that Commerce adopted in the                     *2014 Revocation in Part*                     to yield a single exclusion on rectangular wire, as follows:                

Also excluded from the scope of the orders 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, 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 HTSUS categories 7605.19.000, 7604.29.1090, or 7616.99.5190.

                    3M continued to request that Commerce set an effective date of the partial revocation of the                     *AD Order*                     to entries entered on or after April 30, 2021 (which had already been supported by the petitioner [9]                                         ). On May 20, 2022, the petitioner submitted comments [10]                                          in which it agreed with the harmonization of the language from the                     *2014 Revocation in Part*                     with the language proposed by 3M in the CCR                           ( print page 40180)                        Request to create a single, revised exclusion regarding certain rectangular wire using the language cited above in the 3M Comments. No other party commented on the                     *Initiation Notice.*

                    On June 17, 2022, Commerce published in the                     **Federal Register**                     the notice of the preliminary results of these CCRs and its intent to revoke the                     *Orders,*                     pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b), with respect to certain rectangular wire.[11]                                          We invited interested parties to comment on the                     *Preliminary Results.*                     We received no comments.                

## Final Results of Changed Circumstances Reviews and Intent To Revoke the Orders, In Part

                    Because no party submitted comments opposing the                     *Preliminary Results,*                     and the record contains no other information or evidence that calls into question the                     *Preliminary Results,*                     Commerce determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are changed circumstances which warrant revocation of the                     *Orders,*                     in part. Specifically, because the producers accounting for substantially all of the production of the domestic like product to which the                     *Orders*                     pertain have not expressed interest in maintaining the relief provided by the                     *Orders*                     with respect to certain rectangular wire, as described below,[12]                                          Commerce is revoking the                     *Orders,*                     in part, with respect to the certain rectangular wire; to effect this revocation, in part, Commerce will henceforth include the following language in the scope of the                     *Orders:*

                        Also excluded from the scope of the                         *Orders*                         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, 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 HTSUS categories 7605.19.000, 7604.29.1090, or 7616.99.5190.                    

## Scope of the Orders

                    The merchandise covered by the                     *Orders*                     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). Specifically, the subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than 99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 3 contains manganese as the major alloying element, with manganese accounting for not more than 3.0 percent of total materials by weight. The subject merchandise is made from an aluminum alloy with an Aluminum Association series designation commencing with the number 6 contains 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 subject aluminum extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that may characterize the subject merchandise are as follows: 1350, 3003, and 6060.                 

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.

                    Aluminum extrusions are produced and imported with a variety of finishes (both coatings and surface treatments), and types of fabrication. The types of coatings and treatments applied to subject 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 brightdip anodized), liquid painted, or powder coated. Aluminum extrusions may also be fabricated,                     *i.e.,*                     prepared for assembly. Such operations would include, but are not limited to, extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, knurled, swedged, mitered, chamfered, threaded, and spun. The subject merchandise includes aluminum extrusions that are finished (coated, painted,                     *etc.*), fabricated, or any combination thereof.                

                    Subject aluminum extrusions may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, window frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the definition of aluminum extrusions are included in the scope. The scope includes the aluminum extrusion components that are attached                     *(e.g.,*                     by welding or fasteners) to form subassemblies,                     *i.e.,*                     partially assembled merchandise unless imported as part of the finished goods `kit' defined further below. The scope does not include the non-aluminum extrusion components of subassemblies or subject kits.                

Subject extrusions may be identified with reference to their end use, such as fence posts, electrical conduits, door thresholds, carpet trim, or heat sinks (that do not meet the finished heat sink exclusionary language below). Such goods are subject merchandise if they otherwise meet the scope definition, regardless of whether they are ready for use at the time of importation. The following aluminum extrusion products are excluded: aluminum extrusions made from aluminum alloy with an Aluminum Association series designations commencing with the number 2 and containing in excess of 1.5 percent copper by weight; aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum extrusions made from aluminum alloy with an Aluminum Association series designation commencing with the number 7 and containing in excess of 2.0 percent zinc by weight.

                    The scope also excludes finished merchandise containing aluminum extrusions as parts that are fully and permanently assembled and completed at the time of entry, such as finished windows with glass, doors with glass or vinyl, picture frames with glass pane and backing material, and solar panels. The scope also excludes finished goods containing aluminum extrusions that are entered unassembled in a “finished goods kit.” A finished goods kit is understood to mean a packaged combination of parts that contains, at the time of importation, all of the necessary parts to fully assemble a final finished good and requires no further finishing or fabrication, such as cutting or punching, and is assembled “as is”                           ( print page 40181)                        into a finished product. An imported product will not be considered a “finished goods kit” and therefore excluded from the scope of the                     *Orders*                     merely by including fasteners such as screws, bolts,                     *etc.*                     in the packaging with an aluminum extrusion product.                

The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion process, such as aluminum products produced by a method of casting. Cast aluminum products are properly identified by four digits with a decimal point between the third and fourth digit. A letter may also precede the four digits. The following Aluminum Association designations are representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0, A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope also excludes pure, 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 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 of these                     *Orders*                     are finished heat sinks. Finished heat sinks are fabricated heat sinks made from aluminum extrusions the design and production of which are organized around meeting certain specified thermal performance requirements and which have been fully, albeit not necessarily individually, tested to comply with such requirements.                

                    Also excluded from the scope of the                     *Orders*                     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, 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 HTSUS categories 7605.19.000, 7604.29.1090, or 7616.99.5190.                

Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 6603.90.81.00, 7604.21.00.00, 7604.21.00.10, 7604.21.00.90, 7604.29.10.00, 7604.29.10.10, 7604.29.10.90, 7604.29.30.10, 7604.29.30.50, 7604.29.30.60, 7604.29.30.90, 7604.29.50.30, 7604.29.50.60, 7604.29.50.50, 7604.29.50.90, 7606.12.30.91, 7606.12.30.96, 7608.20.00.30, 7608.20.00.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.20.15, 7615.10.20.25, 7615.10.30, 7615.10.30.15, 7615.10.30.25, 7615.10.50.20, 7615.10.50.40, 7615.10.71, 7615.10.71.25, 7615.10.71.30, 7615.10.71.55, 7615.10.71.80, 7615.10.91, 7615.10.91.00, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7615.20.00.00, 7616.10.90.90, 7616.99.10, 7616.99.50, 7616.99.51, 8302.10.30.00, 8302.10.60.30, 8302.10.60.60, 8302.10.60.90, 8302.20.00.00, 8302.30.30.10, 8302.30.30.60, 8302.41.30.00, 8302.41.60.15, 8302.41.60.45, 8302.41.60.50, 8302.41.60.80, 8302.42.30.10, 8302.42.30.15, 8302.42.30.65, 8302.49.60.35, 8302.49.60.45, 8302.49.60.55, 8302.49.60.85, 8302.50.00.00, 8302.60.90.00, 8305.10.00.50, 8306.30.00.00, 8414.59.60.90, 8415.90.80.45, 8418.99.80.05, 8418.99.80.50, 8418.99.80.60, 8419.90.10.00, 8422.90.06.40, 8424.90.90.80, 8473.30.20.00, 8473.30.51.00, 8479.89.94, 8479.89.98, 8479.90.85.00, 8479.90.94, 8481.90.90.60, 8481.90.90.85, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 8513.90.20, 8515.90.20.00, 8516.90.50.00, 8516.90.80.50, 8517.70.00.00, 8529.90.73.00, 8529.90.97.60, 8536.90.80.85, 8538.10.00.00, 8541.90.00.00, 8543.90.88.80, 8543.90.88.85, 8708.10.30.50, 8708.29.50.60, 8708.29.51.60, 8708.80.65.90, 8708.99.68.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9031.90.90.95, 9031.90.91.95, 9401.90.50.81, 9401.99.90.81, 9403.10.00, 9403.20.00, 9403.90.10.40, 9403.90.10.50, 9403.90.10.85, 9403.90.25.40, 9403.90.25.80, 9403.90.40.05, 9403.90.40.10, 9403.90.40.60, 9403.90.50.05, 9403.90.50.10, 9403.90.50.80, 9403.90.60.05, 9403.90.60.10, 9403.90.60.80, 9403.90.70.05, 9403.90.70.10, 9403.90.70.80, 9403.90.80.10, 9403.90.80.15, 9403.90.80.20, 9403.90.80.41, 9403.90.80.51, 9403.90.80.61, 9403.99.10.40, 9403.99.90.10, 9403.99.90.15, 9403.99.90.20, 9403.99.90.41, 9405.99.40.20, 9506.11.40.80, 9506.51.40.00, 9506.51.60.00, 9506.59.40.40, 9506.70.20.90, 9506.91.00.10, 9506.91.00.20, 9506.91.00.30, 9506.99.05.10, 9506.99.05.20, 9506.99.05.30, 9506.99.15.00, 9506.99.20.00, 9506.99.25.80, 9506.99.28.00, 9506.99.55.00, 9506.99.60.80, 9507.30.20.00, 9507.30.40.00, 9507.30.60.00, 9507.30.80.00, 9507.90.60.00, and 9603.90.80.50.

                    The subject merchandise entered as parts of other aluminum products may be classifiable under the following additional Chapter 76 subheadings: 7610.10, 7610.90, 7615.19, 7615.20, and 7616.99, as well as under other HTSUS chapters. In addition, fin evaporator coils may be classifiable under HTSUS numbers: 8418.99.80.50 and 8418.99.80.60. While HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of these                     *Orders*                     is dispositive.                

## Application of the Final Results of Reviews

                    3M requested that Commerce exercise its discretion to extend the effective date back by one additional day, setting an effective date of the revocation of the                     *AD Order*                     to entries entered on or after April 30, 2021.[13]                                          The petitioner supported 3M's request that the partial revocation of the                     *Orders*                     with respect to the certain rectangular wire defined in the CCR Request include unliquidated entries of the certain rectangular wire that was entered on or after April 30, 2021.[14]                                          We determined in the                     *Preliminary Results*                     that the effective date of the revocation of the AD                     *Order*                     will apply to entries entered on or after April 30, 2021, because setting the proposed effective date as the last day of the most-recently-completed period of review (POR) aids materially in the orderly administration of the                     *Orders*                     in that it permits: (a) liquidation of entries for the 2020-2021 POR exactly concurrent with that POR; and (b) the refund of cash deposits for entries in the 2021-2022 POR exactly concurrent with this POR.[15]                                          For these final results, we continue to determine that the effective date of the revocation of the                     *AD Order*                     will apply to entries entered on or after April 30, 2021.                

                    Section 751(d)(3) of the Act provides that “{a} determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of the subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after                           ( print page 40182)                        the date determined by the administering authority.” Commerce's general practice is to instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to ADs and CVDs, and to refund any estimated ADs and CVDs on, all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation.[16]                                          Consistent with this practice, we are applying the final results of these CCRs to all unliquidated entries of the merchandise covered by the revocations which have been entered, or withdrawn from warehouse, for consumption on or after January 1, 2021, for the                     *CVD Order.*

## Instructions to CBP

                    Because we determine that there are changed circumstances that warrant the revocation of the                     *Orders,*                     in part, we will instruct CBP to liquidate without regard to ADs and CVDs, and to refund any estimated ADs and CVDs on, all unliquidated entries of the merchandise covered by this partial revocation on or after April 30, 2021, for purposes of the                     *AD Order,*                     and January 1, 2021, for purposes of the                     *CVD Order.*

                    Commerce intends to issue instructions to CBP no earlier than 35 days after the date of publication of these final results of CCRs in the                     **Federal Register**                    . If a timely summons is filed at the U.S. Court of International Trade, the 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).                

## Administrative Protective Order

This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction 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

These final results of CCRs and this notice are published in accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

Dated: June 27, 2022.

Ryan Majerus,

Deputy Assistant Secretary for Policy and Negotiations.

# Footnotes

1.                                                     *See Aluminum Extrusions from the People's Republic of China: Antidumping Duty Order,*76 FR 30650 (May 26, 2011) (                        *AD Order*); and                         *Aluminum Extrusions from the People's Republic of China: Countervailing Duty Order,*76 FR 30653 (May 26, 2011) (                        *CVD Order*) (collectively,                         *Orders*).                    
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2.                                                             *See Aluminum Extrusions from the People's Republic of China: Final Results of Changed Circumstances Reviews; Partial Revocation of Antidumping and Countervailing Duty Orders,*79 FR 634 (January 6, 2014) (                            *2014 Revocation in Part*).                        
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3.                                                     *See*                         3M's Letter, “Aluminum Extrusions from the People's Republic of China: Changed Circumstances Review Request,” dated March 23, 2022 (CCR Request).                    
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4.                                                     *See*                         Petitioner's Letter, “Aluminum Extrusions from the People's Republic of China: Letter in Support of 3M Changed Circumstances Review Request,” dated April 13, 2022 (Petitioner's Support Letter).                    
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5.                                                     *Id.*                         at 2-3.                    
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6.                                                     *Id.*                         at 3.                    
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7.                                                     *See Aluminum Extrusions from the People's Republic of China: Initiation of Changed Circumstances Reviews,*87 FR 29110 (May 12, 2022) (                        *Initiation Notice*).                    
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8.                                                     *See*                         3M's Letter, “Aluminum Extrusions from the People's Republic of China: Comments of 3M Regarding Changed Circumstances Review on Certain Rectangular Wire,” dated May 19, 2022 (3M Comments).                    
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9.                                                     *See*                         Petitioner's Support Letter at 3.                    
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10.                                                     *See*                         Petitioner's Letter, “Aluminum Extrusions from the People's Republic of China: Letter in Support of 3M Changed Circumstances Review,” dated May 20, 2022.                    
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11.                                                     *See Aluminum Extrusions from the People's Republic of China: Preliminary Results of Changed Circumstances Reviews,*87 FR 36461 (June 17, 2022) (                        *Preliminary Results*).                    
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12.                                                     *See*                         Petitioner's Support Letter at 1-2 and Exhibit 1.                    
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13.                                                     *See*                         CCR Request at 1.                    
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14.                                                     *Id.*                         at 3.                    
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15.                                                     *See Preliminary Results,*                         87 FR at 36463.                    
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16.                                                     *See, e.g., Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part,*86 FR 71615 (December 17, 2021);                         *see also Certain Pasta from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part,*76 FR 27634 (May 12, 2011); and                         *Stainless Steel Bar from the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of Order, in Part,*72 FR 65706 (November 23, 2007).                    
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[FR Doc. 2022-14299 Filed 7-5-22; 8:45 am]

BILLING CODE 3510-DS-P