[Federal Register Volume 75, Number 80 (Tuesday, April 27, 2010)]
[Notices]
[Pages 22109-22114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9743]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-967]
Aluminum Extrusions from the People's Republic of China:
Initiation of Antidumping Duty Investigation
EFFECTIVE DATE: April 27, 2010.
FOR FURTHER INFORMATION CONTACT: John Hollwitz, Andrea Staebler Berton
or Charles Riggle, AD/CVD Operations, Office 8, (202) 482-2336, (202)
482-4037 or (202) 482-0650, respectively; Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION: On March 31, 2010, the Department of
Commerce (the ``Department'') received a petition concerning imports of
aluminum extrusions from the People's Republic of China (``PRC'') filed
in proper form by the Aluminum Extrusions Fair Trade Committee,\1\ and
the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union
(collectively, ``Petitioners''). See Petitions for the Imposition of
Antidumping and Countervailing Duties: Aluminum Extrusions from the
People's Republic of China dated March 31, 2010 (``Petition''). On
April 6 and April 7, 2010, the Department issued requests for
information and clarification of certain areas of the Petition.
Petitioners timely filed additional information on April 9, 2010,\2\
and on April 19, 2010.\3\ On April 14, 2010, the Department asked
Petitioners additional questions regarding the re-bracketing of certain
information. Petitioners responded to the Department's questions in the
Second Supplement to the AD Petition, dated April 15, 2010 (``Second
Supplement to the AD Petition'').
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\1\ The Aluminum Extrusions fair Trade Committee is comprised of
Aerolite Extrusion Company, Alexandria Extrusion Company, Benada
Aluminum of Florida, Inc., William L. Bonnell Company, Inc.,
Frontier Aluminum Corporation, Futura Industries Corporation, Hydro
Aluminum North America, Inc., Kaiser Aluminum Corporation, Profile
Extrusions Company, Sapa Extrusions, Inc. and Western Extrusions
Corporation.
\2\ See Aluminum Extrusions from the People's Republic of China:
Petitioner's Response to the Department's April 6, 2010, Request for
Clarification of Certain Items Contained in the Petition, dated
April 9, 2010 (``Supplement to General Issues Petition'').
\3\ See Aluminum Extrusions from the People's Republic of China:
Petitioner's Response to the Department's April 7, 2010, Request for
Clarification of Certain Items Contained in the Petition, dated
April 19, 2010 (``Supplement to the AD Petition'').
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The period of investigation (``POI'') is July 1, 2009, through
December 31, 2009. See 19 CFR 351.204(b)(1).
In accordance with section 732(b) of the Tariff Act of 1930, (``the
Act''), Petitioners allege that imports of
[[Page 22110]]
aluminum extrusions from the PRC are being, or are likely to be, sold
in the United States at less than fair value, within the meaning of
section 731 of the Act, and that such imports are materially injuring,
or threatening material injury to, an industry in the United States.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because Petitioners are an interested party,
as defined in section 771(9)(C), (D), and (F) of the Act, and have
demonstrated sufficient industry support with respect to the
antidumping duty investigation that Petitioners are requesting the
Department to initiate (see ``Determination of Industry Support for the
Petition'' section below).
Scope of the Investigation
The products covered by this investigation are aluminum extrusions
from the PRC. For a full description of the scope of the investigation,
please see ``Scope of Investigation,'' in Appendix I of this notice.
Comments on Scope of the Investigation
During our review of the Petition, we discussed the scope with
Petitioners to ensure that it is an accurate reflection of the products
for which the domestic industry is seeking relief. Moreover, as
discussed in the preamble to the regulations (Antidumping Duties;
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)),
we are setting aside a period for interested parties to raise issues
regarding product coverage. The Department encourages interested
parties to submit such comments by Monday, May 10, 2010, which is
twenty calendar days from the signature date of this notice. Comments
should be addressed to Import Administration's APO/Dockets Unit, Room
1870, U.S. Department of Commerce, 14th Street and Constitution Avenue,
NW, Washington, DC 20230. The period of scope consultations is intended
to provide the Department with ample opportunity to consider all
comments and to consult with parties prior to the issuance of the
preliminary determination.
Comments on Product Characteristics for Antidumping Duty Questionnaires
We are requesting comments from interested parties regarding the
appropriate physical characteristics of aluminum extrusions to be
reported in response to the Department's antidumping questionnaires.
This information will be used to identify the key physical
characteristics of the merchandise under consideration in order to more
accurately report the relevant factors and costs of production, as well
as to develop appropriate product comparison criteria.
Interested parties may provide information or comments that they
believe are relevant to the development of an accurate listing of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: 1) general product
characteristics; and 2) the product comparison criteria. We note that
it is not always appropriate to use all product characteristics as
product comparison criteria. We base product comparison criteria on
meaningful commercial differences among products. In other words, while
there may be some physical product characteristics utilized by
manufacturers to describe aluminum extrusions, it may be that only a
select few product characteristics take into account commercially
meaningful physical characteristics. In addition, interested parties
may comment on the order in which the physical characteristics should
be used in product matching. Generally, the Department attempts to list
the most important physical characteristics first and the least
important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the antidumping duty questionnaires, we must
receive comments at the above-referenced address by May 10, 2010.
Additionally, rebuttal comments must be received by May 17, 2010.
Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the industry.
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission
(``ITC''), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both the
Department and the ITC must apply the same statutory definition
regarding the domestic like product (see section 771(10) of the Act),
they do so for different purposes and pursuant to a separate and
distinct authority. In addition, the Department's determination is
subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law. See USEC,
Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001), citing Algoma
Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff'd 865 F.2d 240 (Fed. Cir. 1989), cert. denied 492 U.S. 919 (1989).
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, Petitioners do not offer
a definition of domestic like product distinct from the scope of the
investigation. Based on our analysis of the information submitted on
the record, we have determined that aluminum extrusions constitute a
single domestic like product and we have analyzed industry support in
terms of that domestic like product. For a discussion of the domestic
like product analysis in this case, see Antidumping Duty Investigation
Initiation Checklist: Aluminum Extrusions from the People's Republic of
China (``Checklist''), at Attachment II, Industry Support, on file in
the Central Records Unit, Room 1117 of the main Department of Commerce
building.
In determining whether Petitioners have standing under section
[[Page 22111]]
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of Investigations'' section above. To
establish industry support, Petitioners provided their production of
the domestic like product in 2009. See Volume I of the Petition at
Exhibit I-3. In addition Petitioners provided letters of support from
ten additional companies that produce the domestic like product. See
id. Petitioners compared their production and the production of the
supporters of the Petition to the estimated total production of the
domestic like product for the entire domestic industry. See Volume I of
the Petition at 3-4 and Exhibits I-3 and I-4. Petitioners estimated
total industry production of the domestic like product for 2009 using
industry wide shipment data from the Aluminum Association, which
according to Petitioners is ``an independent and authoritative source
for aluminum industry data.'' See Volume I of the Petition, at 3. We
have relied upon data Petitioners provided for purposes of measuring
industry support. For further discussion, see Checklist at Attachment
II.
Our review of the data provided in the Petition, supplemental
submissions, and other information readily available to the Department
indicates that Petitioners have established industry support. First,
the Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, the Department is not required to
take further action in order to evaluate industry support (e.g.,
polling). See Section 732(c)(4)(D) of the Act, and Checklist at
Attachment 2. Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petition account for at least 25 percent of the total production of the
domestic like product. See Checklist at Attachment II. Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition. Accordingly, the Department determines
that the Petition was filed on behalf of the domestic industry within
the meaning of section 732(b)(1) of the Act. See id.
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C), (D), and (F) of the Act and it has demonstrated
sufficient industry support with respect to the antidumping duty
investigation that it is requesting the Department initiate. See id.
Allegations and Evidence of Material Injury and Causation
Petitioners alleged that the U.S. industry producing the domestic
like product is being materially injured, or is threatened with
material injury, by reason of the imports of the subject merchandise
sold at less than normal value (``NV''). In addition, Petitioners
alleged that subject imports exceed the negligibility threshold
provided for under section 771(24)(A) of the Act.
Petitioners contended that the industry's injured condition is
illustrated by reduced market share, increased raw material cost,
declining capacity, production, shipments, underselling and price
depression or suppression, reduced employment, hours worked, and wages
paid, declines in financial performance, lost sales and revenue, and an
increase in import penetration. See Volume I of the Petition, at 16,
19-27, 30-33, and Exhibits I-10 through I-15, III-33; and Supplement to
AD/CVD Petitions, dated April 9, 2010, at 8-9, and Attachment 4. We
have assessed the allegations and supporting evidence regarding
material injury, threat of material injury, and causation, and have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation. See
Checklist at Attachment III.
Allegations of Sales at Less Than Fair Value
The following is a description of the allegations of sales at less
than fair value upon which the Department based its decision to
initiate this investigation of imports of aluminum extrusions from the
PRC. The sources of data for the deductions and adjustments relating to
the U.S. price and the factors of production are also discussed in the
initiation checklist. See Checklist.
U.S. Price
Petitioners calculated export price (``EP'') based on documentation
of offers for
sale obtained from a confidential source. See Checklist; see also
Volume II of the Petition, at 1 and Exhibits II-1 and II-2. Based on
the terms of sale, Petitioners adjusted the export price for brokerage
and handling and foreign domestic inland freight. See Checklist; see
also Volume II of the Petition, at 1-2 and Exhibits II-2 and II-3.
Normal Value
Petitioners claim the PRC is a non-market economy (``NME'') country
and that no determination to the contrary has been made by the
Department. See Volume II of the Petition, at 2. In accordance with
section 771(18)(C)(i) of the Act, the presumption of NME status remains
in effect until revoked by the Department. The presumption of NME
status for the PRC has not been revoked by the Department and,
therefore, remains in effect for purposes of the initiation of this
investigation. Accordingly, the NV of the product for the PRC
investigation is appropriately based on factors of production valued in
a surrogate market-economy country in accordance with section 773(c) of
the Act. In the course of this investigation, all parties, including
the public, will have the opportunity to provide relevant information
related to the issue of the PRC's NME status and the granting of
separate rates to individual exporters.
Petitioners contend that India is the appropriate surrogate country
for the PRC because: 1) it is at a level of economic development
comparable to that of the PRC and 2) it is a significant producer and
exporter of comparable merchandise. See Volume II of the Petition, at
3-5, and Exhibits II-4 and II-16. Based on the information provided by
Petitioners, we believe that it is appropriate to use India as a
surrogate country for initiation purposes. After initiation of the
investigation, interested parties will have the opportunity to submit
comments regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value factors of production within 40 days
after the date of publication of the preliminary determination.
Petitioners calculated NV and the dumping margins using the
Department's NME methodology as required by 19 CFR 351.202(b)(7)(i)(C)
and 19 CFR 351.408. In calculating NV, Petitioners based the quantity
of each of the inputs used to manufacture aluminum extrusions in the
PRC on product-specific production costs and/or consumption rates of an
aluminum extrusions producer in the United States (``Surrogate Domestic
Producer'') for identical or similar merchandise during the POI. See
Volume II of the Petition, at 5-8 and Exhibits II-2, II-6, II-7 and
[[Page 22112]]
II-9. Petitioners state that the actual usage rates of the foreign
manufacturers of aluminum extrusions are not reasonably available;
however, Petitioners note that according to the information available,
the production of aluminum extrusions relies on similar production
methods to the Surrogate Domestic Producer. See Volume II of the
Petition, at 5 and Exhibit II-8.
As noted above, Petitioners determined the consumption quantities
of all raw materials based on the production experience of the
Surrogate Domestic Producer. Petitioners valued most of the factors of
production based on reasonably available, public surrogate country
data, specifically, Indian import statistics from the Global Trade
Atlas (``GTA''). See Volume II of the Petition, at 6-8; see also Second
Supplement to the AD Petition, at Exhibit S-2. Petitioners excluded
from these import statistics imports from countries previously
determined by the Department to be NME countries. Petitioners also
excluded import statistics from Indonesia, the Republic of Korea, and
Thailand, as the Department has previously excluded prices from these
countries because they maintain broadly available, non-industry-
specific export subsidies. See Second Supplement to the AD Petition, at
Exhibit S-2. Petitioners valued certain other factors of production
using price data obtained from the Bombay Metal Exchange, as published
by Reuters India. See Volume II of the Petition, at 7, and Second
Supplement to the AD Petition, at Exhibit S-1. In addition, Petitioners
made currency conversions, where necessary, based on the POI-average
rupee/U.S. dollar exchange rate, as reported on the Department's web
site. See Volume II of the Petition, at 7 and Exhibit II-11.
Petitioners determined labor costs using the labor consumption, in
hours, derived from the Surrogate Domestic Producer's experience. See
Volume II of the Petition, at 7 and Exhibits II-6 and II-9. Petitioners
valued labor costs using the Department's NME Wage Rate for the PRC at
http://ia.ita.doc.gov/wages/07wages/final/final-2009-2007-wages.html.
See Volume II of the Petition, at 7 and Exhibit II-13. For purposes of
initiation, the Department determines that the surrogate values used by
Petitioners are reasonably available and, thus, acceptable for purposes
of initiation.
Petitioners determined electricity costs using the electricity
consumption, in kilowatt hours, derived from the Surrogate Domestic
Producer's experience. See Volume II of the Petition, at 7 and Exhibit
II-14; see also Supplement to the AD Petition at Exhibit S-3.
Petitioners valued electricity using the Indian electricity rate
reported by the Central Electric Authority of the Government of India.
See Supplement to the AD Petition, at 7 and Exhibit S-3. Petitioners
determined natural gas costs using the natural gas consumption, in
million British thermal units (``mmBtu''), derived from the Surrogate
Domestic Producer's experience. See Volume II of the Petition, at 8,
and Exhibit II-6 and II-9. Petitioners valued natural gas using the
same methodology the Department used in the recent initiation of
Certain Coated Paper Suitable for High-Quality Print Graphics Using
Sheet-Fed Presses from Indonesia and the People's Republic of China,
which was based on Indian import statistics. See Volume II of the
Petition, at 8 and Exhibit II-15.
Petitioners determined packing costs using data from the GTA,
derived from the Surrogate Domestic Producer's experience. See Volume
II of the Petition, at Exhibit II-6; see also Supplement to the AD
Petition, at 4 and Exhibits S-4 and S-6.
Petitioners based factory overhead, selling, general and
administrative expenses, and profit on data from Jindal Aluminium,
Ltd., a producer of aluminum extrusions, for the 2008 2009 fiscal year.
See Volume II of the Petition, at 8 and Exhibit II-16.
Fair-Value Comparisons
Based on the data provided by Petitioners, there is reason to
believe that imports of aluminum extrusions from the PRC are being, or
are likely to be, sold in the United States at less than fair value.
Based on a comparison of U.S. prices and NV calculated in accordance
with section 773(c) of the Act, as described above, the estimated
dumping margins for aluminum extrusions from the PRC range from 32.57
percent to 33.32 percent. See Checklist and Second Supplement to the AD
Petition at Exhibit S-2.
Initiation of Antidumping Investigation
Based upon the examination of the Petition on aluminum extrusions
from the PRC, the Department finds the Petition meets the requirements
of section 732 of the Act. Therefore, we are initiating an antidumping
duty investigation to determine whether imports of aluminum extrusions
from the PRC are being, or are likely to be, sold in the United States
at less than fair value. In accordance with section 733(b)(1)(A) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 140 days after the date of
this initiation.
Targeted Dumping Allegations
On December 10, 2008, the Department issued an interim final rule
for the purpose of withdrawing 19 CFR 351.414(f) and (g), the
regulatory provisions governing the targeted dumping analysis in
antidumping duty investigations, and the corresponding regulation
governing the deadline for targeted dumping allegations, 19 CFR
351.301(d)(5). See Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Antidumping Duty Investigations, 73 FR 74930
(December 10, 2008). The Department stated that ``withdrawal will allow
the Department to exercise the discretion intended by the statute and,
thereby, develop a practice that will allow interested parties to
pursue all statutory avenues of relief in this area.'' Id. at 74931.
In order to accomplish this objective, if any interested party
wishes to make a targeted dumping allegation in this investigation
pursuant to section 777A(d)(1)(B) of the Act, such allegation is due no
later than 45 days before the scheduled date of the preliminary
determination.
Respondent Selection
For this investigation, the Department will request quantity and
value information from known exporters and producers identified with
complete contact information in the Petition. The quantity and value
data received from NME exporters/producers will be used as the basis to
select the mandatory respondents.
The Department requires that the respondents submit a response to
both the quantity and value questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. See Circular Welded Austenitic
Stainless Pressure Pipe from the People's Republic of China: Initiation
of Antidumping Duty Investigation, 73 FR 10221, 10225 (February 26,
2008); Initiation of Antidumping Duty Investigation: Certain Artist
Canvas From the People's Republic of China, 70 FR 21996, 21999 (April
28, 2005). On the date of the publication of this initiation notice in
the Federal Register, the Department will post the quantity and value
questionnaire along with the filing instructions on the Import
Administration web site at http://ia.ita.doc.gov/ia-highlights-and-news.html, and a response to the quantity and value questionnaire is
due no later than May 11, 2010. Also, the
[[Page 22113]]
Department will send the quantity and value questionnaire to those PRC
companies identified in the Petition in Volume I of the Petition, at
Exhibit I-8.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Instructions for filing such
applications may be found on the Department's web site at http://ia.ita.doc.gov/apo.
Separate Rates Application
In order to obtain separate-rate status in NME investigations,
exporters and producers must submit a separate-rate status application.
See Policy Bulletin 05.1: Separate-Rates Practice and Application of
Combination Rates in Antidumping Investigations involving Non-Market
Economy Countries, dated April 5, 2005 (``Policy Bulletin''), available
on the Department's web site at http://ia.ita.doc.gov/policy/bull05-1.pdf. Based on our experience in processing the separate-rate
applications in previous antidumping duty investigations, we have
modified the application for this investigation to make it more
administrable and easier for applicants to complete. See, e.g.,
Initiation of Antidumping Duty Investigation: Certain New Pneumatic
Off-the-Road Tires From the People's Republic of China, 72 FR 43591,
43594-95 (August 6, 2007). The specific requirements for submitting the
separate-rate application in this investigation are outlined in detail
in the application itself, which will be available on the Department's
web site at http://ia.ita.doc.gov/ia-highlights-and-news.html on the
date of publication of this initiation notice in the Federal Register.
The separate-rate application will be due 60 days after publication of
this initiation notice. For exporters and producers who submit a
separate-rate status application and subsequently are selected as
mandatory respondents, these exporters and producers will no longer be
eligible for consideration for separate rate status unless they respond
to all parts of the questionnaire as mandatory respondents. As noted in
the ``Respondent Selection'' section above, the Department requires
that respondents submit a response to both the quantity and value
questionnaire and the separate rate application by the respective
deadlines in order to receive consideration for separate-rate status.
Use of Combination Rates in an NME Investigation
The Department will calculate combination rates for certain
respondents that are eligible for a separate rate in this
investigation. The Policy Bulletin states:
{{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that the Department will now
assign in its NME investigations will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period of
investigation. This practice applies both to mandatory respondents
receiving an individually calculated separate rate as well as the pool
of non-investigated firms receiving the weighted-average of the
individually calculated rates. This practice is referred to as the
application of ``combination rates'' because such rates apply to
specific combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.
See Policy Bulletin at 6 (emphasis added).
Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public versions of the Petition have been
provided to the representatives of the Government of the PRC. Because
of the large number of producers/exporters identified in the Petition,
the Department considers the service of the public version of the
Petition to the foreign producers/exporters satisfied by the delivery
of the public version to the Government of the PRC, consistent with 19
CFR 351.203(c)(2).
ITC Notification
We have notified the ITC of our initiations, as required by section
732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, no later than May 17, 2010,
whether there is a reasonable indication that imports of aluminum
extrusions from the PRC are materially injuring, or threatening
material injury to a U.S. industry. A negative ITC determination will
result in the investigation being terminated; otherwise, this
investigation will proceed according to statutory and regulatory time
limits.
This notice is issued and published pursuant to section 777(i) of
the Act.
Dated: April 20, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Attachment I
Scope of the Investigations
The merchandise covered by these investigations 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 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,
[[Page 22114]]
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 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 aluminum extrusions that are attached (e.g., by
welding or fasteners) to form subassemblies, i.e., partially assembled
merchandise.
Subject extrusions may be identified with reference to their end use,
such as heat sinks, door thresholds, or carpet trim. Such goods are
subject merchandise if they otherwise meet the scope definition,
regardless of whether they are finished products and 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, picture frames, and solar panels. The scope also excludes
finished goods containing aluminum extrusions that are entered
unassembled in a ``kit.'' A 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.
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.
Imports of the subject merchandise are provided for under the following
categories of the Harmonized Tariff Schedule of the United States
(``HTS''): 7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050,
7604.29.5030, 7604.29.5060, 7608.20.0030, and 7608.20.0090. 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
HTS chapters. While HTS subheadings are provided for convenience and
customs purposes, the written description of the scope in this
proceeding is dispositive.
[FR Doc. 2010-9743 Filed 4-26-10; 8:45 am]
BILLING CODE 3510-DS-S