Federal Register - August 6, 2021
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Fuente: Federal Register
43174
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
Decision Memorandum, which is dated concurrently with and hereby adopted by this notice.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances Antidumping and Countervailing Duty Centralized Electronic Service System ACCESS. ACCESS is available to registered users at http
access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http enforcement.trade.gov/frn/.
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Scope of the 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. For a full description of the scope, see the Preliminary Decision Memorandum.
Methodology Commerce is conducting this review in accordance with section 751a1A
of the Tariff Act of 1930, as amended the Act. For purposes of this review, Commerce preliminarily finds that all programs previously countervailed in prior segments of this proceeding remain countervailablethat is, they provide a financial contribution within the meaning of sections 7715Bi and D of the Act, confer a benefit within the meaning of section 7715B of the Act, and are specific within the meaning of 7715A of the Act.
For a full description of the methodology underlying our preliminary conclusions, including our reliance on adverse facts available AFA pursuant to sections 776a and b of the Act, see the Preliminary Decision Memorandum. As explained in the Preliminary Decision Memorandum, Commerce relied on AFA for three companies i.e., Jiangsu Asia-Pacific, Wellste, and Kingtom because these companies did not act to the best of their ability in responding to Commerces requests for information;
therefore, we have drawn an adverse 3 See Memorandum, Decision Memorandum for the Preliminary Results of Countervailing Duty Administrative Review and Intent to Rescind, in Part; 2018, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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inference, where appropriate, in selecting from among the facts otherwise available.4 For further information, see Use of Facts Otherwise Available and Adverse Inferences in the Preliminary Decision Memorandum.
Preliminary Results Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 7
Company
Intent To Rescind Review, In Part For those companies named in the Initiation Notice for which all review requests have been timely withdrawn,5
we intend to rescind this administrative review in accordance with 19 CFR
351.213d1. These companies are listed at Appendix II to this notice. For these companies, Commerce intends to 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 POR, in accordance with 19 CFR
351.212c2.
Preliminary Rate for Non-Selected Companies Under Review There are three companies for which a review was requested and the request not withdrawn, that were not selected for individual examination as a mandatory respondent or found to be cross-owned with a mandatory respondent, and to which we are not applying AFA non-selected companies. Because we did not have information on the record that permitted selection of a mandatory respondent in this review, we have not calculated a rate for any mandatory respondent that can be used for determining the rate applicable to non-selected companies.
Therefore, for these preliminary results, we based the non-selected companies rate on the subsidy rate calculated for a mandatory respondent in the 2014
administrative review of this countervailing duty order, which is the most recent administrative review of this proceeding in which we calculated a non-AFA subsidy rate that was above de minimis for a mandatory respondent.
This is consistent with the approach followed by Commerce in other proceedings under similar circumstances.6 For further information, refer to the section in the Preliminary Decision Memorandum titled, NonSelected Companies.
4 See
sections 776a and b of the Act.
Petitioners Letter, Aluminum Extrusions from the Peoples Republic of China: Partial Withdrawal of Request for Administrative Review, dated October 8, 2020.
6 See, e.g., Passenger Vehicle and Light Truck Tires from the Peoples Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2018, 86 FR 21275, 21276 April 22, 2021.
5 See
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CRRC Changzhou Auto Parts Co. Ltd
Jiangsu Asia-Pacific Light Alloy Technology Co Ltd
Kanal Precision Aluminum Product Co. Ltd
Kingtom Aluminio SRL
Uniton Investment Ltd
Wellste Material Co Ltd
Ad valorem rate percent 16.08
242.15
16.08
242.15
16.08
242.15
Disclosure Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary results of review within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224b. In this case, the only calculation to disclose is the calculation of the AFA rate assigned to certain respondents. For information detailing the derivation of the AFA rate applied, see AFA Calculation Memorandum.8
Public Comment Interested parties may submit written case briefs no later than 30 days after the date of publication of the preliminary results. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs and rebuttal comments must be limited to comments raised in case briefs.9 Pursuant to 19 CFR
351.309c2 and d2, parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: 1 A
statement of the issue; 2 a brief 7 See Preliminary Decision Memorandum at Use of Facts Otherwise Available and Adverse Inferences and Ad Valorem Rate for NonCooperative Companies Under Review.
8 See Memorandum Administrative Review of Countervailing Duty Order on Aluminum Extrusions from the Peoples Republic of China:
AFA Calculation Memorandum for the 2019
Preliminary Results of Review, dated concurrently with this notice.
9 See 19 CFR 351.309; 19 CFR 351.303 for general filing requirements; and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR
29615 May 18, 2020; and Temporary Rule Modifying AD/CVD Service Requirements Due to COVID19; Extension of Effective Period, 85 FR
41363 July 10, 2020 collectively, Temporary Rule.
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