• Effective Date: Jul 27, 2018
  • Period of Review: May 01, 2016 to Apr 30, 2017
  • Notice of Lifting of Suspension Date: Jul 27, 2018
  • Cite as: 83 FR 35614 • Cite date: Jul 27, 2018

(Reference Message #(s) continued: 6055302, 7223306, 7228304, 7263301, 6286307.)

THESE INSTRUCTIONS REPLACE MESSAGE NUMBER 8233303.

1. For all shipments of aluminum extrusions from the People's Republic of China (China) exported by the companies identified below that were entered, or withdrawn from warehouse, for consumption during the period 05/01/2016 through 04/30/2017, assess an antidumping liability equal to 86.01 percent of the entered value of subject merchandise, unless paragraphs 4a, 4b, 4c, 4d, or 4e apply.

Commerce determined in its final results that the exporters listed below have not established eligibility for a separate rate and continue to be part of the China-wide entity. No case numbers were in place during the period of review for these exporters; accordingly, entries of merchandise from these exporters below may have been made under A-570-967-000 or other company-specific numbers.

Activa International Inc.

Atlas Integrated Manufacturing Ltd.

Belton (Asia) Development Ltd.

Belton (Asia) Development Limited

Changzhou Tenglong Auto Accessories Manufacturing Co. Ltd.

China Square

China Square Industrial Co.

Daya Hardware Co Ltd

ETLA Technology (Wuxi) Co. Ltd

Global Hi-Tek Precision Co. Ltd

Guangdong Whirlpool Electrical Appliances Co., Ltd.

Guangdong Zhongya Aluminium Company Limited

Henan New Kelong Electrical Appliances Co., Ltd.

Liaoning Zhongwang Group Co., Ltd.

Liaoyang Zhongwang Aluminum Profile Co. Ltd.

Midea International Training Co., Ltd.

Shenyang Yuanda Aluminum Industry Engineering Co. Ltd.

Summit Heat Sinks Metal Co, Ltd

Whirlpool Canada L.P.

Whirlpool Microwave Products Development Ltd.

The exporters listed below had case numbers in place during the period of review. However, Commerce determined in its final results that the exporters did not demonstrate their eligibility for a separate rate and are now considered part of the China-wide entity. Entries of merchandise from these exporters may have entered under the case numbers listed below.

Changzhou Tenglong Auto Parts Co Ltd
Entries may have been made under A-570-967-000 or A-570-967-038.

China Square Industrial Ltd
Entries may have been made under A-570-967-000 or A-570-967-004.

USA Worldwide Door Components (PINGHU) Co., Ltd.
Entries may have been made under A-570-967-000 or A-570-967-028.

Sincere Profit Limited
Entries may have been made under A-570-967-000 or A-570-967-032.

Midea International Trading Co., Ltd.
Entries may have been made under A-570-967-000 or A-570-967-052.

2. Paragraphs 2a through 2d provide additional liquidation instructions for the shipments from the exporters identified in paragraph 1 (unless paragraphs 4a, 4b, 4c, 4d, or 4e apply):

2a. For entries of certain refrigerator/freezer trim kits from China imported by Meridian LLC (as referenced in message 6055302, dated 02/24/2016; see also message 7208308, dated 07/27/2017) from the exporters identified in paragraph 1, which were entered, or withdrawn from warehouse, for consumption during the period 05/01/2016 through 04/30/2017, liquidate in accordance with the assessment instructions listed in paragraph 1, above, rather than the 0.00 percent cash deposit rate referenced in message 6055302, dated 02/24/2016.

2b. For shipments from the exporters identified in paragraph 1 of merchandise subject to Commerce's final affirmative determination of circumvention of the antidumping duty order on aluminum extrusions from China (82 FR 34630, dated 07/26/2017) (see message 7223306, dated 08/11/2017), which were entered, or withdrawn from warehouse, for consumption during the period 05/01/2016 through 04/30/2017, and not covered by paragraphs 2c or 2d below, liquidate in accordance with the assessment instructions listed in paragraph 1, above. Commerce's final affirmative determination of circumvention covered extruded aluminum products from China that meet the chemical specifications for 5050 grade aluminum alloy and are heat-treated, regardless of producer, exporter, or importer.

2c. For shipments from the exporters identified in paragraph 1 of merchandise subject to Commerce's final scope determination, dated 07/20/2017, that ACS-50 aluminum extrusions which Kota International, LTD (Kota) imports are within the scope of the antidumping duty order on aluminum extrusions from China (see message 7228304, dated 08/16/2017) which were entered, or withdrawn from warehouse, for consumption during the period 05/01/2016 through 04/30/2017, liquidate in accordance with the assessment instructions listed in paragraph 1, above. Commerce's final affirmative scope ruling covered Kota's ACS-50 aluminum extrusions that are heat-treated extruded aluminum products meeting the chemical specifications for 5050 grade aluminum alloy.

2d. For shipments from the exporters identified in paragraph 1 of merchandise subject to Commerce's final scope determination, dated 07/20/2017, that certain products manufactured from 5050 aluminum alloy material (5050 series products), which Trending Imports LLC (Trending) imports, are within the scope of the antidumping duty order on aluminum extrusions from China (see message 7228304, dated 08/16/2017), which were entered, or withdrawn from warehouse, for consumption during the period 05/01/2016 through 04/30/2017, liquidate in accordance with the assessment instructions listed in paragraph 1, above. Commerce's final affirmative scope ruling covered Trending's 5050 series products, to the extent such products are heat-treated extruded aluminum, meeting the chemical specifications for 5050 grade aluminum alloy.

3. The notice of lifting of suspension of liquidation for entries of subject merchandise covered by paragraphs 1, 2a, 2b, 2c, and 2d occurred with the publication of the final results of administrative review (83 FR 35614, 07/27/2018). Unless instructed otherwise, for all other shipments of aluminum extrusions from China, you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current cash deposit rates or per-unit amounts.

4. Injunctions and continued suspension of liquidation:

4a. The injunction with court number 14-00199, discussed in message 4252307, dated 09/09/2014, is applicable to entries exported by Kromet International Inc., Dongguan Golden Tiger Hardware Industrial Co., Ltd., Guangdong Whirlpool Electrical Appliances, Co., Ltd., Hanyung Alcobis Co., Ltd., Henan New Kelong Electrical Appliances, Co., Ltd., or Shanghai Tongtai Precise Aluminum Alloy Manufacturing Co., Ltd. and imported by Whirlpool Corporation on or after 09/07/2010, and that remain unliquidated as of 08/29/2014. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

4b. The injunction with court number 14-00106, discussed in message 4358305, dated 12/24/2014, is applicable to entries of curtain wall units that are produced and imported pursuant to a contract to supply a curtain wall (as identified in the administrative scope proceeding ruling for the antidumping duty order on aluminum extrusions from China (A-570-967), titled “Final Scope Ruling on Curtain Wall Units that are Produced and Imported Pursuant to a Contract to Supply a Curtain Wall,” dated 03/27/2014) that were imported by Jangho Curtain Wall Americas Co., Ltd. and were entered, or withdrawn from warehouse, for consumption on or after 09/07/2010, and that remain unliquidated as of 12/23/2014. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

4c. The injunction with court number 14-00106, discussed in message 4363303, dated 12/29/2014, is applicable to entries of curtain wall units that are produced and imported pursuant to a contract to supply a curtain wall (as identified in the administrative scope proceeding ruling for the antidumping duty order on aluminum extrusions from China (A-570-967), titled “Final Scope Ruling on Curtain Wall Units that are Produced and Imported Pursuant to a Contract to Supply a Curtain Wall,” dated 03/27/2014) that were produced and/or exported by Permasteelisa South China Factory and Permasteelisa Hong Kong Limited, were imported by Permasteelisa North America Corp., and were entered, or withdrawn from warehouse, for consumption on or after 01/01/2012, and that remain unliquidated as of 12/23/2014. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

4d. The injunction with court number 17-00216, discussed in message 7263301, dated 09/20/2017, is applicable to entries which: (a) were the subject of Commerce's affirmative final determination of circumvention of the antidumping and countervailing duty orders and rescission of minor alterations anti-circumvention inquiry, 82 FR 34,630 (dated July 26, 2017); (b) were exported from China by plaintiff Tai-Ao Aluminium (Taishan) Co., Ltd. and/or imported into the United States by plaintiff TAAL America Ltd.; and (c) were entered, or withdrawn from warehouse, for consumption on or after 03/21/2016. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued.

4e. Until further notice, continue to suspend liquidation of the following entries until liquidation instructions are issued: certain kitchen appliance door handles from China imported by Meridian Products LLC, entered, or withdrawn from warehouse, for consumption on or after 07/28/2016, as referenced in message number 6286307, dated 10/12/2016.

5. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

6. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping and/or countervailing duties, CBP shall double the antidumping duty and/or increase the antidumping duty by the amount of the countervailing duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O6: MF.)

8. There are no restrictions on the release of this information.

Alexander Amdur