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Code · REGISTER · 2017-12-08 · Enforcement and Compliance, International Trade Administration, Department of Commerce · Notices

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

1,520 words·~7 min read·/register/2017/12/08/2017-26488·

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BILLING CODE 3510-DS-P 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; 2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has completed the administrative review of the countervailing duty
(CVD)order on aluminum extrusions from the People's Republic of China
(PRC)for the January 1, 2015, through December 31, 2015, period of review (POR). We have determined that mandatory respondents Changzhou Jinxi Machinery Co., Ltd. (Changzhou Jinxi) and tenKsolar (Shanghai) Co., Ltd. (tenKsolar) received countervailable subsidies during the POR. The final net subsidies are listed below in the section entitled “Final Results of Administrative Review.” DATES: Applicable December 8, 2017. FOR FURTHER INFORMATION CONTACT: Tom Bellhouse or Tyler Weinhold, 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)482-2057 or
(202)482-1121, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the *Preliminary Results* of this administrative review in the **Federal Register** on June 7, 2017. 1 For a description of the events that occurred since the *Preliminary Results, see* the Issues and Decision Memorandum. 2 1 *See Aluminum Extrusions from the People's Republic of China: Preliminary Results of the Countervailing Duty Administrative Review and Rescission of Review, in Part; 2015,* 82 FR 26438 (June 7, 2017) ( *Preliminary Results* ), and accompanying Preliminary Decision Memorandum. 2 *See* Memorandum, “Decision Memorandum for the Final Results of Countervailing Duty Administrative Review: Aluminum Extrusions from the People's Republic of China, 2015,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 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). Imports of the subject merchandise are provided for under the following categories of the Harmonized Tariff Schedule of the United States (HTSUS): 6603.90.8100, 7616.99.51, 8479.89.94, 8481.90.9060, 8481.90.9085, 9031.90.9195, 8424.90.9080, 9405.99.4020, 9031.90.90.95, 7616.10.90.90, 7609.00.00, 7610.10.00, 7610.90.00, 7615.10.30, 7615.10.71, 7615.10.91, 7615.19.10, 7615.19.30, 7615.19.50, 7615.19.70, 7615.19.90, 7615.20.00, 7616.99.10, 7616.99.50, 8479.89.98, 8479.90.94, 8513.90.20, 9403.10.00, 9403.20.00, 7604.21.00.00, 7604.29.10.00, 7604.29.30.10, 7604.29.30.50, 7604.29.50.30, 7604.29.50.60, 7608.20.00.30, 7608.20.00.90, 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, 8473.30.20.00, 8473.30.51.00, 8479.90.85.00, 8486.90.00.00, 8487.90.00.80, 8503.00.95.20, 8508.70.00.00, 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, 8543.90.88.80, 8708.29.50.60, 8708.80.65.90, 8803.30.00.60, 9013.90.50.00, 9013.90.90.00, 9401.90.50.81, 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, 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, 9507.90.60.00, 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. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order, which is contained in the accompanying Issues and Decision Memorandum, is dispositive. 3 3 *See* Issues and Decision Memorandum for a full description of the scope of the order. Analysis of Comments Received All issues raised in the parties' briefs are addressed in the Issues and Decision Memorandum, dated concurrently with, and hereby adopted by, this notice. A list of issues addressed is attached as an 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 *http://access.trade.gov;* the Issues and Decision Memorandum is available to all parties in the Central Records Unit (CRU), Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at *http://enforcement.trade.gov/frn/.* The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Methodology The Department conducted this review in accordance with section 751(a)(1)(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 that the subsidy is specific. 4 For a full description of the methodology underlying the Department's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and
(b)of the Act, *see* the Issues and Decision Memorandum. 4 *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. Rate for Non-Selected Companies Under Review In this review, and in addition to the two selected mandatory respondents, there are 16 companies for which a review was requested and not rescinded (non-selected companies). For these non-selected companies, we could not calculate a rate by averaging Changzhou Jinxi's and tenKsolar's individual rates, as the rates for both companies are based entirely on adverse facts available. 5 Instead, for these final results, we based the non-selected companies' rates on the subsidy rate calculated for non-selected companies in the prior administrative review. For further information on the calculation of the non-selected companies' rates, refer to the section in the Issues and Decision Memorandum entitled, “Final *Ad Valorem* Rate for Non-Selected Companies Under Review.” 5 *See* sections 703(d) and 705(c)(5)(A) of the Act. Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we determine the following final net subsidy rates for the 2015 administrative review: Company Ad valorem rate (Percent) tenKsolar (Shanghai) Co., Ltd 198.61 Changzhou Jinxi Machinery Co., Ltd 198.61 Classic & Contemporary Inc 16.08 Daya Hardware Co., LTD 16.08 Dongguan Golden Tiger Hardware Industrial Co., Ltd 16.08 ETLA Technology
(Wuxi)Co., Ltd 16.08 Global Hi-Tek Precision Limited 16.08 Jiangsu Zhenhexiang New Material Technology Co., Ltd 16.08 Johnson Precision Engineering (Suzhou) Co Ltd 16.08 Kam Kiu Aluminum Products Sdn Bhd 16.08 Ningbo Haina Machine Co., Ltd 16.08 Ningbo Innopower Tengda Machinery Co., Ltd 16.08 Ningbo Yinzhou Sanhua Electric Machine Factory 16.08 Precision Metal Works LTD 16.08 Summit Heat Sinks Metal Co., Ltd 16.08 Suzhou New Hongji Precision Parts Co Ltd 16.08 Taishan City Kam Kiu Aluminium Extrusion Co., Ltd 16.08 Wuxi Huida Aluminum Co., Ltd 16.08 Assessment Rates The Department intends to issue appropriate assessment instructions directly to CBP, 15 days after publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after January 1, 2015, through December 31, 2015, at the *ad valorem* rates listed above. Cash Deposit Requirements The Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts indicated above for each company listed 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, we will instruct CBP to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. Accordingly, the cash deposit requirements that will be applied to companies covered by this order, but not examined in this administrative review, are those established in the most recently completed segment of the proceeding for each company. 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 disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 4, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. APPENDIX List of Topics Discussed in the Final Decision Memorandum Summary Background Scope of the Order Analysis of Comments Comment 1: Application of AFA to tenKsolar Comment 2: Inclusion of Alleged Non-Use Programs in tenKsolar's Rate Calculation Comment 3: Inclusion of Geographically Limited Programs in tenKsolar's Rate Calculation Comment 4: Inclusion of Programs Which Have Allegedly Been Terminated in tenKsolar's Rate Calculation Comment 5: AFA Subsidy Rates for Certain Income Tax Rebate, Depreciation, Refund, Offset, and Arrears Forgiveness Programs Comment 6: Selection of Respondents Comment 7: Application of AFA to Changzhou Jinxi Conclusion [FR Doc. 2017-26488 Filed 12-7-17; 8:45 am]
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Notices
Enforcement and Compliance, International Trade Administration, Department of Commerce
C.F.R.§ 351.221
C.F.R.§ 351.305
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