China Aluminum Extrusions: Final Affirmative AD Determination

Combination Rates

The ITA has calculated combination rates for respondents that are eligible for a separate rate in this AD investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)

Suspension of Liquidation Continues

The ITA is directing U.S. Customs and Border Protection to continue to suspend liquidation of all imports of subject merchandise with a time of entry on or after November 12, 2010 (the publication date of the preliminary determination).

Estimated AD Cash Deposit/Bond Rates Revised, Most Reduced for Export Subsidies

The ITA will also instruct CBP to collect AD duty cash deposits or bonds on all entries of subject merchandise from China with a time of entry on or after April 5, 2011 at the revised estimated AD duty rates below.

(Note that the AD duty rate for subject merchandise produced by mandatory respondent Guang Ya Group/New Zhongya/Xinya and exported by Guang Ya Group or New Zhongya, as well as the AD duty rate for the separate rate respondents have been reduced for export subsidies¹.)

(If the International Trade Commission issues a final affirmative injury determination, the ITA will issue an AD duty order. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted will be refunded or canceled.)

Additions/Clarifications to the Scope of the Investigation

The ITA is also amending and adding language in certain sections of the scope of the investigation for clarification purposes as follows (text added since the preliminary determination is underlined):

"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, 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."

Amended scope exclusions. "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' into a finished product. An imported product will not be considered a 'finished goods kit' and therefore excluded from the scope of the investigation merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum extrusion product.

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 mm or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm."

Add'l HTS numbers. "Imports of the subject merchandise are provided for under the following Harmonized Tariff Schedule numbers: 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. In addition, fin evaporator coils may be classifiable under HTS numbers: 8418.99.80.50 and 8418.99.80.60."

¹Because the ITA has determined in its concurrent countervailing duty investigation that the Guang Ya Group and New Zhongya benefitted from export subsidies, the ITA has adjusted the AD duty rate for Guang Ya Group/New Zhongya/Xinya for the export subsidy portion of the rate determined in the final CV duty determination, which is reduced to 33.02% (33.28% minus the export subsidy rate of 0.26%). For the separate rate respondents, none of which were selected as respondents in the CV duty investigation, the ITA has adjusted the AD duty rate by the amount of export subsidies included in the all others rate from the final CV duty determination, which is reduced to zero (32.79% minus the export subsidy rate of 42.16%)).

²The ITA finds that the Guang Ya Group, New Zhongya and Xinya should be treated as a single entity. However, because there is no record information to indicate that Xinya, which is part of this collapsed entity, is an exporter to the U.S., Xinya is not eligible for consideration of a separate rate.

³Because the adjusted rate for the separate rate respondents is zero, no cash deposit will be required for the separate rate respondents.

(See ITA notice for additional information, including the complete scope of the order, etc.

See ITT's Online Archives or 03/31/11 news, 11033125, for BP summary of the fact sheet announcing this final AD duty determination.

See ITT's Online Archives or 04/05/11 news, 11040535, for BP summary of the companion final CV duty determination.

See ITT’s Online Archives or 01/04/11 and 01/24/11 news, 11010425 and 11012426, for BP summaries of the amended preliminary AD duty determination and the adjusted AD rate for Guang Ya Group/New Zhongya/Xinya.)

ITA contact -- Paul Stolz (202) 482-4474

(FR Pub 04/05/11, ITA Case No. A-570-967)