Federal Register - August 6, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices to comment on these preliminary results.
DATES: Applicable August 6, 2021.
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 4826312.
SUPPLEMENTARY INFORMATION:
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Background On July 15, 2020, Commerce published the notice of initiation of the administrative review of the AD order on aluminum extrusions from China 1
for the period May 1, 2019, through April 30, 2020, covering 98 companies.2
All requests for administrative review were timely withdrawn with regard to 11 companies listed in Appendix II to this notice, leaving 87 companies subject to this administrative review.3
For a complete description of the events that followed the initiation of this administrative review, see the Preliminary Decision Memorandum.4
The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliances AD 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 Preliminary Decision Memorandum can be accessed directly on the internet at http
enforcement.trade.gov/frn/. A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice.
1 See Aluminum Extrusions from the Peoples Republic of China: Antidumping Duty Order, 76 FR
30650 May 26, 2011 Order.
2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 85 FR
41540, 4154441545 July 10, 2020 Initiation Notice. Several parties, including Kingtom itself, had used the name Kingtom S.L.R. instead of Kingtom S.R.L. in their submissions, as did Commerce in the Initiation Notice. The Aluminum Extrusions Fair Trade Committee the petitioner, clarified the name. See Petitioners Letter, Aluminum Extrusions from the Peoples Republic of China: Clarification of Mandatory Respondent, dated April 30, 2021. Because S.R.L. stands for Sociedad de Responsibilidad Limitada and is the proper business form, we corrected the error in the Initiation Notice. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR
31282 June 11, 2021.
3 See Petitioners Letter, Aluminum Extrusions from the Peoples Republic of China: Partial Withdrawal of Request for Administrative Review, dated September 4, 2020.
4 See Memorandum, Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Aluminum Extrusions from the Peoples Republic of China; 20192020, dated concurrently with, and hereby adopted by, this notice Preliminary Decision Memorandum.
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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 751a1B
of the Tariff Act of 1930, as amended the Act. For a full description of the methodology underlying our preliminary results of review, see the Preliminary Decision Memorandum.
Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213d1, Commerce will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, all requests for an administrative review were timely withdrawn for certain companies.
Therefore, in accordance with 19 CFR
351.213d1, we are rescinding this administrative review with respect to 11
of the 98 companies named in the Initiation Notice.5 See Appendix II for a list of these companies.6
Separate Rates In the Initiation Notice, we informed parties of the opportunity to request a separate rate.7 In proceedings involving NME countries, Commerce begins with a rebuttable presumption that all companies within the NME country are subject to government control, and thus should be assigned a single weightedaverage dumping margin. It is Commerces policy to assign all exporters of merchandise subject to an administrative review involving an NME country this single rate unless an exporter can demonstrate that it is sufficiently independent so as to be entitled to a separate rate. Companies that wanted to qualify for separate rate status in this administrative review were required to timely file, as 5 See
Initiation Notice, 85 FR at 4154441545.
Preliminary Decision Memorandum for further details.
7 See Initiation Notice, 85 FR at 41542.
6 See
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appropriate, a separate rate application SRA or a separate rate certification SRC to demonstrate their eligibility for a separate rate. SRAs and SRCs were due to Commerce within 30 calendar days of the publication of the Initiation Notice.8
Of the companies for which an administrative review was requested, and not withdrawn, only Kingtom submitted an SRA or SRC. Additionally, Anderson International, Kingtom, and Sunvast Trade Shanghai submitted certifications of no shipments. On November 2, 2020, U.S. Customs and Border Protection CBP issued a Notice of Determination as to Evasion, in which CBP concluded that substantial evidence demonstrated that the aluminum extrusions imported from the claimed manufacturer, Kingtom Aluminio SRL Kingtom were of Chinese-origin and were transshipped with the country of origin claimed as the Dominican Republic. 9 CBP
further determined that substantial evidence indicates that the Importers imports were entered through evasion, resulting in the avoidance of applicable AD/CVD deposits or other security. 10
Accordingly, CBP determined that it would rate adjust and change type 01
entries of the merchandise at issue to type 03 and continue suspension until instructed to liquidate these entries. 11
Kingtom was therefore a third-country exporter of Chinese-origin merchandise from the Dominican Republic during the POR, and as a third-country exporter, Kingtom was not eligible for a separate rate. Furthermore, Kingtom reported no exporter of the subject merchandise from China on the record; therefore, Commerce was unable to apply its separate rate analysis to any exporter of the merchandise re-exported by Kingtom to the United States in this review.
For a full description of the methodology underlying our preliminary denial of a separate rate to Kingtom and our rejection of its no shipments claim, see the Preliminary Decision Memorandum. We therefore preliminarily determine that the 85
companies listed in Appendix III to this notice are not eligible for a separate rate in this administrative review.12
8 Id.
9 See Petitioners Letter, Aluminum Extrusions from the Peoples Republic of China: Comments on Kingtoms Section A Questionnaire Response, dated January 7, 2021, at Attachment 1, page 1.
10 Id. at Attachment 1, pages 2 and 5.
11 Id. at Attachment 1, page 18.
12 See Preliminary Decision Memorandum at 13
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