Aluminum Extrusions: Commerce Issues AD Duty Final Determinations

Commerce calculated a zero percent AD rate for Maan Aluminium Limited in its final determination for India, and continued to calculate zero percent AD rates for Eural Gnutti in its final determination for Italy; Genesis Aluminium Industries/Zenshin Industries and P.A. Extrusion (M) in its final determination for Malaysia; ALMAC/ALMAC Korea/ AR Aluminum in its final determination for South Korea; and Sow Shin Aluminum/Xiashin International in its final determination for Taiwan. As a result, these companies will be exempt from any AD order issued in connection with their respective countries' AD investigations, and aren't subject to any suspension of liquidation or cash deposit requirement for merchandise both produced and exported by the company.

Maan Aluminium would still be subject to countervailing duty suspension of liquidation and cash deposit requirements set in the CVD investigation on aluminum extrusions from India, should that investigation result in a CVD order.

Before Commerce issues an AD order, the International Trade Commission must find injury to U.S. industry in its final injury determinations, currently due Nov. 12, Commerce said in a fact sheet. In the event of an ITC final determination of no injury for any given country, that country's investigation will be terminated with no duties imposed, and all cash deposits collected as a result of the investigation will be refunded.

Commerce is also issuing its final determinations in the concurrent countervailing duty investigations on aluminum extrusions from China, Indonesia, Mexico and Turkey (see 2410020033). The agency set CV duty rates ranging from 14.56% to 168.81% for Chinese exporters; zero to 33.79% for Indonesian exporters; zero to 77.84% for Mexican exporters and zero to 147.53% for Turkish exporters. Collection of CV duties is currently on hold pending the ITC's final injury determination.

Final Changes to Scope Add Fastener Definition, Cover Window Wall Units, Mop and Banner Wall Parts

Commerce is making several changes to the scope of its AD/CVD investigations in these final determinations, adding a definition for fasteners, as well as language covering window wall units and mop, banner stand and back wall parts. These are likely the last changes before any AD/CVD orders would be issued.

Added over the objection of the petitioner who requested the investigations and in a departure from Commerce’s existing AD/CVD orders, which don’t define fasteners, the new definition says:

“A fastener is any material or part that serves an attachment function, fastens two or more components, or serves to prevent or restrict movement of a component or another item. Examples of fasteners include, but are not limited to, nuts, bolts, clamps, and end caps.”

Some respondents to the investigation had objected to the inclusion of end caps in the definition. Under the scope of the AD/CVD investigations, combinations of aluminum extrusions and fasteners are fully covered by AD/CVD.

Commerce also clarified that window walls and window wall units are covered by the scope of duties, siding with the petitioner and against several investigation respondents who said they should be excluded. The new scope language, in bold, says:

fenestration system parts or subassemblies, such as units which make up a curtain wall, and window walls and window wall units, which collectively make up a fenestration system on the side of a building; curtain wall and window wall units and parts or subassemblies of storefronts;”

Examples of such excluded assembled and unassembled merchandise include windows with glass, door units with door panel and glass, motor vehicles, trailers, furniture, appliances, and solar panels and solar modules. Window walls and window wall units are not considered windows with glass for purposes of this exclusion.

Finally, Commerce is also adding language clarifying that aluminum extrusion parts of mops, banner stands and back walls are covered by AD/CVD, in response to petitioner concerns that scope changes “since these cases were initiated” would “allow the exclusion of otherwise qualifying products that are only missing consumable parts or material or interchangeable media or tooling.”

Critical Circumstances for Some in UAE, Vietnam; Cash Deposits Still Retroactive 90 Days

Commerce finalized its determination that the Vietnam-wide entity companies in its Vietnam investigation, as well as eight companies in its UAE investigation -- Al Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, and White Aluminum -- increased their exports to the U.S. in the months before the preliminary determination. As a result of this “critical circumstances" finding, Commerce continues to retroactively suspend liquidation and require AD cash deposits for subject merchandise from these UAE and Vietnamese companies to 90 days before the preliminary determination, i.e., Feb. 7, 2024.

Otherwise, AD suspension of liquidation and cash deposit requirements remain in effect as of May 7 for all other companies from the UAE and Vietnam not covered by the critical circumstances findings, as well as the 12 other countries for which Commerce is issuing final determinations.

Estimated AD Cash Deposit Rates

Commerce will instruct CBP to continue to suspend liquidation for AD purposes as of May 7, 2024, for China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, and Turkey, and on the dates listed in the tables below for the UAE and Vietnam. New cash deposit rates take effect Oct. 3, as follows:

China

*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.

Colombia

Ecuador

India

Indonesia

*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.

Italy

Malaysia

Mexico

*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.

South Korea

Taiwan

Thailand

Turkey

*As adjusted for export subsidies found in the concurrent CV duty investigation. This adjustment is not in effect, and will only be the cash deposit rate once CV duty collection resumes upon publication of the ITC's final injury determination.

Vietnam

UAE

(The period of investigation is 10/01/22 - 09/30/23, except for China and Vietnam, where it's 04/01/23 - 09/30/23. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2405070079 for a summary of the preliminary determination of this investigation.)