AD/CVD message 9231313 - Final determination of Vietnam-wide circumvention of the antidumping duty order on aluminum extrusions from the People s Republic of China (A-570-967)

9231313
Aug 19, 2019
Active

Effective Date: Jul 15, 2019

Period of Review: Sep 07, 2010 to Aug 10, 2016

Cite as: 84 FR 39805 • Cite date: Aug 12, 2019

Category: Antidumping • Type: Final Determination • Sub type: AFF-Affirmative • Cases: A-570-967

1. On 8/12/2019, Commerce published in the Federal Register its notice of an affirmative final determination of Vietnam-wide circumvention of the antidumping duty (AD) order, and countervailing duty order (CVD), on aluminum extrusions from the People's Republic of China (China) (84 FR 39805).

2. Scope of the AD 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). Specifically, the subject merchandise made from aluminum alloy with an Aluminum Association series designation commencing with the number 1 contains not less than
99 percent aluminum by weight. The subject merchandise made from aluminum alloy with an
Aluminum Association series designation commencing with the number 3 contains manganese
as the major alloying element, with manganese accounting for not more than 3.0 percent of total
materials by weight. The subject merchandise is made from an aluminum alloy with an
Aluminum Association series designation commencing with the number 6 contains magnesium
and silicon as the major alloying elements, with magnesium accounting for at least 0.1 percent
but not more than 2.0 percent of total materials by weight, and silicon accounting for at least 0.1
percent but not more than 3.0 percent of total materials by weight. The subject aluminum
extrusions are properly identified by a four-digit alloy series without either a decimal point or leading letter. Illustrative examples from among the approximately 160 registered alloys that
may characterize the subject merchandise are as follows: 1350, 3003, and 6060.

Aluminum extrusions are produced and imported in a wide variety of shapes and forms,
including, but not limited to, hollow profiles, other solid profiles, pipes, tubes, bars, and rods.
Aluminum extrusions that are drawn subsequent to extrusion (drawn aluminum) are also
included in the scope.

Aluminum extrusions are produced and imported with a variety of finishes (both coatings and
surface treatments), and types of fabrication. The types of coatings and treatments applied to
subject aluminum extrusions include, but are not limited to, extrusions that are mill finished (i.e.,
without any coating or further finishing), brushed, buffed, polished, anodized (including
brightdip anodized), liquid painted, or powder coated. Aluminum extrusions may also be
fabricated, i.e., prepared for assembly. Such operations would include, but are not limited to,
extrusions that are cut-to-length, machined, drilled, punched, notched, bent, stretched, knurled,
swedged, mitered, chamfered, threaded, and spun. The subject merchandise includes aluminum
extrusions that are finished (coated, painted, etc.), fabricated, or any combination thereof.

Subject aluminum extrusions may be described at the time of importation as parts for final
finished products that are assembled after importation, including, but not limited to, window
frames, door frames, solar panels, curtain walls, or furniture. Such parts that otherwise meet the
definition of aluminum extrusions are included in the scope. 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, door thresholds, carpet trim, or heat sinks (that do not meet the finished heat
sink exclusionary language below). Such goods are subject merchandise if they otherwise meet
the scope definition, regardless of whether they are ready for use at the time of importation. The
following aluminum extrusion products are excluded: aluminum extrusions made from
aluminum alloy with an Aluminum Association series designations commencing with the
number 2 and containing in excess of 1.5 percent copper by weight; aluminum extrusions made
from aluminum alloy with an Aluminum Association series designation commencing with the
number 5 and containing in excess of 1.0 percent magnesium by weight; and aluminum
extrusions made from aluminum alloy with an Aluminum Association series designation
commencing with the number 7 and containing in excess of 2.0 percent zinc by weight.

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 Order
merely by including fasteners such as screws, bolts, etc. in the packaging with an aluminum
extrusion product.

The scope also excludes aluminum alloy sheet or plates produced by other than the extrusion
process, such as aluminum products produced by a method of casting. Cast aluminum products
are properly identified by four digits with a decimal point between the third and fourth digit. A
letter may also precede the four digits. The following Aluminum Association designations are
representative of aluminum alloys for casting: 208.0, 295.0, 308.0, 355.0, C355.0, 356.0,
A356.0, A357.0, 360.0, 366.0, 380.0, A380.0, 413.0, 443.0, 514.0, 518.1, and 712.0. The scope
also excludes pure, unwrought aluminum in any form.

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

Also excluded from the scope of the Order are finished heat sinks. Finished heat sinks are
fabricated heat sinks made from aluminum extrusions the design and production of which are
organized around meeting certain specified thermal performance requirements and which have
been fully, albeit not necessarily individually, tested to comply with such requirements.

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,
9031.90.9095, 7616.10.9090, 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,
7604.21.0000, 7604.29.1000, 7604.29.3010, 7604.29.3050, 7604.29.5030, 7604.29.5060,
7608.20.0030, 7608.20.0090, 8302.10.3000, 8302.10.6030, 8302.10.6060, 8302.10.6090,
8302.20.0000, 8302.30.3010, 8302.30.3060, 8302.41.3000, 8302.41.6015, 8302.41.6045,
8302.41.6050, 8302.41.6080, 8302.42.3010, 8302.42.3015, 8302.42.3065, 8302.49.6035,
8302.49.6045, 8302.49.6055, 8302.49.6085, 8302.50.0000, 8302.60.9000, 8305.10.0050,
8306.30.0000, 8414.59.6090, 8415.90.8045, 8418.99.8005, 8418.99.8050, 8418.99.8060,
8419.90.1000, 8422.90.0640, 8473.30.2000, 8473.30.5100, 8479.90.8500, 8486.90.0000,
8487.90.0080, 8503.00.9520, 8508.70.0000, 8515.90.2000, 8516.90.5000, 8516.90.8050,
8517.70.0000, 8529.90.7300, 8529.90.9760, 8536.90.8085, 8538.10.0000, 8543.90.8880,
8708.29.5060, 8708.80.6590, 8803.30.0060, 9013.90.5000, 9013.90.9000, 9401.90.5081,
9403.90.1040, 9403.90.1050, 9403.90.1085, 9403.90.2540, 9403.90.2580, 9403.90.4005,
9403.90.4010, 9403.90.4060, 9403.90.5005, 9403.90.5010, 9403.90.5080, 9403.90.6005,
9403.90.6010, 9403.90.6080, 9403.90.7005, 9403.90.7010, 9403.90.7080, 9403.90.8010,
9403.90.8015, 9403.90.8020, 9403.90.8041, 9403.90.8051, 9403.90.8061, 9506.11.4080,
9506.51.4000, 9506.51.6000, 9506.59.4040, 9506.70.2090, 9506.91.0010, 9506.91.0020,
9506.91.0030, 9506.99.0510, 9506.99.0520, 9506.99.0530, 9506.99.1500, 9506.99.2000,
9506.99.2580, 9506.99.2800, 9506.99.5500, 9506.99.6080, 9507.30.2000, 9507.30.4000,
9507.30.6000, 9507.90.6000, and 9603.90.8050.

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: 8418.99.8050 and 8418.99.8060. While HTSUS
subheadings are provided for convenience and customs purposes, the written description of the
scope of the Order is dispositive.

3. Scope of the circumvention inquiry:

This inquiry covers aluminum extrusions that are made from aluminum previously extruded in
China (including billets created from re-melted Chinese extrusions) that meet the description of the scope in paragraph 2, and are exported from Vietnam, regardless of producer, exporter or importer.

4. Continuation of Suspension of Liquidation

4a. Case number A-552-998 has been created to accommodate entries of aluminum extrusions produced in Vietnam.

4b. CBP shall continue to suspend liquidation of unliquidated entries (and entries for which liquidation has not become final) of aluminum extrusions produced in Vietnam, that were entered, or withdrawn from warehouse, for consumption on or after 3/5/2018 (date of the publication of the initiation of the circumvention inquiry) under the all others, third-country case number A-552-998-000 and shall require for such entries an AD cash deposit equal to 86.01 percent of the entered value, unless paragraph 4c applies and an AD cash deposit rate equal to the company-specific separate rate of a Chinese manufacturer is appropriate. This cash deposit requirement shall remain in effect until further notice.

4c. If the importer/exporter can certify to CBP that the Vietnamese aluminum extrusions were produced using aluminum previously extruded in China (including billets created from re-melted Chinese extrusions) supplied by a Chinese manufacturer with a company-specific separate rate, the importer, producer or exporter may request establishment of a third-country case number specific to the Chinese supplier for such imports. Such requests from an importer, producer or exporter should be filed on the record of the proceeding in E&C's electronic record system ACCESS. CBP may also request establishment of a third-country company-specific case number. Requests from CBP for the establishment of company-specific third-country case number should be submitted through the ACE AD/CVD Portal Inquiry System. For such imports, CBP shall suspend liquidation under the third-county case number specific to the Chinese supplier and require an AD cash deposit equal to that Chinese manufacturer's separate rate.
4d. Further, if CBP determines that the certification and/or documentation requirements identified below have not been met for any unliquidated entries (and entries for which liquidation has not become final) of aluminum extrusions entered, or withdrawn from warehouse, for consumption on or after 3/5/2018, and produced in Vietnam and the importer claims that the merchandise was not produced from previously extruded Chinese-origin aluminum (including billets created from re-melted Chinese extrusions), CBP shall suspend liquidation of all such unliquidated entries (and entries for which liquidation has not become final) as products of China for AD purposes, and shall require the importer to post applicable AD cash deposits. Entries suspended under either A-570-967 or A-552-998 will be liquidated pursuant to applicable administrative reviews of the AD order on aluminum extrusions from China, or through the automatic liquidation process. Do not liquidate any entries suspended under either A-570-967 or A-552-998 until specific liquidation instructions are issued. Any such entries that are set for liquidation should be unset immediately.

5. Certification Requirements

5a. Eligibility for the Certification

Except for the companies listed below, importers and exporters of aluminum extrusions from Vietnam are eligible for the certification process detailed below.

Imports of aluminum extrusions from the companies listed below are currently not eligible for the certification process, and accordingly, shipments of aluminum extrusions from Vietnam produced and/or exported and/or imported by these companies should enter under the all others, third-country case number A-552-998-000 and will require a cash deposit of 86.01 percent of the entered value:

China Zhongwang Holdings Ltd.
Global Vietnam Aluminum Co., Ltd.

Aluminicaste Fundicion de Mexico
Aluminum Source Inc.
Aluminum Industrial Inc.
Aluminum Shapes, LLC
American Apex Aluminum Inc.
Century American Aluminum Inc.
Dalian Liwan Trade Co., Ltd.
Dragon Luxe Limited
Global Aluminum (USA) Inc.
Global Tower Worldwide Ltd.
Pencheng Aluminum Enterprise Inc. USA
Perfectus Aluminum Inc.
Perfectus Aluminum Acquisitions LLC
Tianjin Boruxin Trading Co., Ltd.
Transport Aluminum Inc.

5b. Certification Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (Including Billets Created from Re-Melted Chinese Extrusions)

(i) For entries of aluminum extrusions completed in Vietnam that were entered, or withdrawn from warehouse, for consumption on or after March 5, 2018 (the date of publication of the initiation of this circumvention inquiry), for which the importer claims that the aluminum extrusions were completed (including extruded) in Vietnam using aluminum not previously extruded in China (including billets created from re-melted Chinese extrusions), the importer and exporter are required to meet the certification and documentation requirements detailed below in order for no AD cash deposit to be required on such entries.

(ii) The importer is required to complete and maintain the importer certification below. Where the importer uses an agent or broker to facilitate the entry process, it must obtain and provide the entry number as part of the certification. Agents of the importer, such as brokers, however, are not permitted to make this certification on behalf of the importer.

(iii) The exporter is required to complete and maintain the exporter certification below. The exporter certification should be completed by the party selling the merchandise completed in Vietnam to the United States, which is not necessarily the producer of the product.

(iv) The exporter is further required to provide the importer with a copy of the exporter certification.

(v) The importer is also required to maintain a copy of the exporter certification.

(vi) The importer and exporter are also required to maintain sufficient documentation (as indicated in the certifications) supporting their certifications.

(vii) The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries.

(viii) Although the importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process, the importer and the exporter will be required to present the certifications and supporting documentation, to Commerce and/or CBP, as applicable, upon request by the respective agency.

(ix) The claims made in the certifications and any supporting documentation are subject to verification by Commerce and/or CBP.

5c. Certification Timing Requirements for Importers and Exporters of Aluminum Extrusions Completed in Vietnam Using Aluminum Not Previously Extruded in China (Including Billets Created from Re-Melted Chinese Extrusions)

(i) For unliquidated entries of merchandise (a) shipped and/or (b) entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of publication of the initiation of this circumvention inquiry), through the 29th day after the date of publication of the preliminary determination in the Federal Register, for which certifications are required:

• The importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof. Importer and exporter certifications for these entries should be completed, signed and dated within 45 days of publication of the preliminary determination in the Federal Register.

Accordingly, the relevant bullet in the certification should be edited to reflect that the certification was completed within this time frame. For example, the bullet in the importer certification that reads: “This certification was completed by the time of filing the entry summary,” could be edited as follows: “The shipments/products referenced herein entered before the mm/dd/yyyy publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication.”

Similarly, the bullet in the exporter certification that reads, “This certification was completed by the time of shipment,” could be edited as follows: “The shipments/products referenced herein shipped before the mm/dd/yyyy publication of the Preliminary Determination Federal Register notice. This certification was completed on mm/dd/yyyy, within 45 days of the Federal Register notice publication.”

• Additionally, the exporter must provide the importer a copy of the exporter certification within 45 days of the publication of the preliminary determination in the Federal Register.

(ii) For subject merchandise (1) shipped and/or (2) entered, or withdrawn from warehouse, for consumption on or after the date that is 30 days after publication of the preliminary determination in the Federal Register, for which certifications are required:

• The importer certification must be completed, signed, and dated by the deadline for filing of the entry summary for the relevant importation; and

• The exporter certification must be completed, signed, dated and provided to the importer by the time of shipment of the relevant entries.

5d. Importers and Exporters Not Eligible for the Certification Process

(i) Importers and exporters of aluminum extrusions from Vietnam that were (1) specifically identified above as not being eligible, (2) completed (including extruded) in Vietnam using aluminum previously extruded in China (including billets created from re-melted Chinese extrusions) and/or (3) that do not meet the certification requirements detailed above are not eligible for the certification process detailed above and in the final determination.

(ii) For aluminum extrusions completed in Vietnam from aluminum previously extruded in China (including billets created from re-melted Chinese extrusions), and thus, subject to the AD order on aluminum extrusions from China A-570-967, Commerce has established the following third-country case number in ACE: A-552-998.

(iii) For unliquidated entries (and entries for which liquidation has not become final) of merchandise not eligible for the certifications, that entered as non-AD/CVD type entries (e.g., type 01) that were shipped and/or entered, or withdrawn from warehouse, for consumption during the period, March 5, 2018 (the date of publication of the initiation of this circumvention inquiry) through the 29th day after the date of publication of the preliminary determination in the Federal Register, importers should file a Post Summary Correction with CBP, as applicable, in accordance with CBP's regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type (e.g., types 03, 06,) entries and report those AD/CVD type entries using the third-country case number A-552-998. Similarly, the importer should pay cash deposits on those entries, consistent with the regulations governing post summary corrections, that require payment of additional duties.

(vi) Further, Commerce intends to instruct CBP to suspend (under the third-country case number identified above) all unliquidated shipments of aluminum extrusions completed in Vietnam for which the certification and/or documentation requirements have not been met, and to require the importer to post applicable AD cash deposits equal to the rates as determined by Commerce. Entries suspended under this third-country case number will be liquidated pursuant to applicable administrative reviews of the China AD order or through the automatic liquidation process.

6. Certifications
6a. IMPORTER CERTIFICATION

I hereby certify that:
• My name is {INSERT COMPANY OFFICIAL'S NAME} and I am an official of {INSERT NAME OF IMPORTING COMPANY};
• I have direct personal knowledge of the facts regarding the importation into the Customs territory of the United States of the aluminum extrusions completed in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification. “Direct personal knowledge” refers to facts the certifying party is expected to have in its own records. For example, the importer should have “direct personal knowledge” of the importation of the product (e.g., the name of the exporter) in its records;
• I have personal knowledge of the facts regarding the production of the imported products covered by this certification. “Personal knowledge” includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer regarding the source of the substrate used to produce the imported products);
• The aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from re-melted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier;
• I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;
• I understand that {INSERT NAME OF IMPORTING COMPANY}is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce);
• I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification, (attesting to the production and/or export of the imported merchandise identified above), for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries;
• I understand that {INSERT NAME OF IMPORTING COMPANY}is required to maintain and provide a copy of the exporter's certification and supporting records, upon request, to CBP and/or Commerce;
• I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:
○ suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and
○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates determined by Commerce;
• I understand that agents of the importer, such as brokers, are not permitted to make this certification;
• This certification was completed by the time of filing the entry summary; and
• I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.

Signature
____________________________
NAME OF COMPANY OFFICIAL

____________________________

TITLE

____________________________

DATE

6b. EXPORTER CERTIFICATION

I hereby certify that:
• My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY};
• I have direct personal knowledge of the facts regarding the production and exportation of the aluminum extrusions identified below. “Direct personal knowledge” refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have “direct personal knowledge” of the producer's identity and location;
• Thee aluminum extrusions completed (including extruded) in Vietnam do not contain aluminum previously extruded in China (including billets created from re-melted Chinese extrusions), regardless of whether sourced directly from a Chinese producer or from a downstream supplier;
• I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, productions records, invoices, etc.) for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;
• I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer by the time of shipment.
• I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce);
• I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce;
• I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:
○ suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and
○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits (as appropriate) equal to the rates as determined by Commerce;
• This certification was completed by the time of shipment; and
• I am aware that U.S. law (including, but not limited to,18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
____________________________
NAME OF COMPANY OFFICIAL

____________________________

TITLE

____________________________

DATE

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 OVI: PW.)

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

Alexander Amdur