China Aluminum Extrusions: Final Affirmative CV Determination
The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of aluminum extrusions from China (C-570-968). The scope of items included in the investigation has also been amended.
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CV Liquidation Resumed and No Cash Deposits/Bonds as of Jan 6
The ITA previously issued instructions to U.S. Customs and Border Protection to discontinue the suspension of liquidation for CV duty purposes for subject merchandise with a time of entry on or after January 6, 2011, but to continue the suspension of liquidation of all entries from September 7, 2010 through January 5, 2011.
(See ITT's Online Archives or 01/11/11 news, 11011110, for BP summary the CBP instructions.)
CV Liquidation to be Re-Suspended, Cash Deposits Collected, if CV Order Issued
If the International Trade Commission issues a final affirmative injury determination, the ITA will issue a CV duty order and instruct CBP to suspend liquidation of entries of subject merchandise and to require a cash deposit on all such entries equal to the revised estimated CV duty rates listed below.
| Exporter/Manufacturer | Final CV Rate (Not in Effect) |
| Guang Ya Aluminum Industries Co., Ltd.; Foshan Guangcheng Aluminum Co., Ltd.; Guang Ya Aluminum Industries Hong Kong; Kong Ah International Company Limited; and Yongji Guanghai Aluminum Industry Co., Ltd. (collectively, the Guang Ya Companies) | 9.94% (from 6.18%) |
| Zhaoqing New Zhongya Aluminum Co., Ltd.; Zhongya Shaped Aluminum HK Holding Ltd.; and Karlton Aluminum Company Ltd. (collectively, the Zhongya Companies) | 8.02% (from 10.37%) |
| Dragonluxe Limited | 374.15% (from 137.65%) |
| Miland Luck Limited | 374.15% (from 137.65%) |
| Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning Zhongwang Group (collectively, the Zhongwang Group) | 374.15% (from 137.65%) |
| All Others | 374.15% (from 137.65%) |
(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 as a result of the suspension of liquidation 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."
(See ITA notice for additional information, including the complete scope of the order, etc.
See ITT's Online Archives or 03/31/11 news, 11033126, for BP summary of the fact sheet announcing this final CV duty determination.
See ITT's Online Archives or 04/05/11 news, 11040538, for BP summary of the companion final AD duty determination.
See ITT’s Online Archives or 09/07/10 news, 10090703, for BP summary of the preliminary CV duty determination.)
ITA contact -- John Conniff (202) 482-1009
(FR Pub 04/05/11, ITA Case No. C-570-968)