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AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) determines that imports of aluminum extrusions from India are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) October 1, 2022, through September 30, 2023.
DATES:
Applicable October 3, 2024.
FOR FURTHER INFORMATION CONTACT:
Deborah Cohen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4521.
SUPPLEMENTARY INFORMATION:
Background
On May 7, 2024, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of aluminum extrusions from India. We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. The deadline for the final determination of this investigation is now September 26, 2024.
See Aluminum Extrusions from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38063 (May 7, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum.
Id. at 38064.
See Memorandum, “Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,” dated July 22, 2024.
A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
See Memorandum, “Decision Memorandum for the Final Affirmative Determination of Sales at Less Than Fair Value in the Investigation of Aluminum Extrusions from India,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).
Scope of the Investigation
The product covered by this investigation is aluminum extrusions from India. For a complete description of the scope of this investigation, see Appendix I.
Scope Comments
During this investigation, Commerce received scope comments from interested parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period of time for parties to address scope issues in scope-specific case and rebuttal briefs. Between May 22, 2024, and June 24, 2024, Commerce received post-preliminary determination scope comments from interested parties regarding numerous products and scope-related issues. Between July 20, 2024, and August 19, 2024, Commerce received scope case and rebuttal briefs from numerous interested parties. We made changes to the scope of the investigation from the scope published in the Preliminary Determination, as noted in Appendix I.
See Memoranda, “Preliminary Scope Decision Memorandum,” dated March 4, 2024, and “Preliminary Scope Decision Memorandum II,” dated May 1, 2024 (collectively Preliminary Scope Decision Memoranda).
See Memorandum, “Final Scope Decision Memorandum,” dated concurrently with this notice.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), Commerce verified the sales and cost information submitted by Maan Aluminium Limited (Maan Aluminium) for use in our final determination. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Maan Aluminium.
See Memoranda, “Verification of the Sales Responses of Maan Aluminium Limited in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from India,” dated July 22, 2024 (Sales Verification Report); and “Verification of the Cost Responses of Maan Aluminium Limited in the Antidumping Duty Investigation of Aluminum Extrusions from India,” dated August 19, 2024 (Cost Verification Report).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by interested parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We made certain changes regarding Maan Aluminium's reported sales and cost data since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
For the final determination we find, in accordance with sections 776(a)(2)(A) and (D) and 776(b) of the Act, that partial adverse facts available (AFA) is warranted in calculating the weighted-average dumping margin for Maan Aluminium. In addition, as discussed in the Preliminary Determination, Commerce assigned to both the mandatory respondents in this investigation, Global Aluminium Private Limited (Global Aluminium) and Maan Aluminium, an estimated weighted-average dumping margin on the basis of AFA, and partial AFA, respectively pursuant to sections 776(a) and (b) of the Act. Additionally, nine potential exporters and/or producers of aluminum extrusions from India did not respond to Commerce's quantity and value questionnaire. Thus, pursuant to sections 776(a) and (b) of the Act, Commerce relied upon AFA to assign a rate for these nine companies. There is no new information on the record that would cause us to revisit our decision in the Preliminary Determination. Accordingly, for the reasons explained in the Preliminary Determination, and consistent with Commerce's practice, as AFA, we assigned the highest corroborated dumping margin alleged in the Petition to Global Aluminium, Aluka Extrusions Industries, Banco Aluminium, Ltd., Bhoruka Aluminium, Ltd., Century Extrusions, Ltd., Jindal Aluminium, Ltd., KMC Aluminium Pvt., Ltd., Mittal Extrusions, Sudal Industries, Ltd., and Superfine Group of Industries.
See Preliminary Determination, 89 FR at 38063.
Id.
Id.
In applying AFA, we are assigning the highest rate alleged in the petition as the estimated weighted-average dumping margin to these 10 firms. Because this AFA rate is derived from the petition and, consequently, is based upon secondary information, Commerce must corroborate the rate to the extent practicable, pursuant to section 776(c) of the Act.
To determine the probative value of the dumping margin of 39.05 percent alleged in the Petition concerning aluminum extrusions from India, we examined the information on the record. When we compared the dumping margin of 39.05 percent alleged in the Petition to the comparison-specific dumping margins we determined for Maan Aluminium in this investigation (the only mandatory respondent for which we calculated an estimated weighted-average dumping margin), we found the rate of 39.05 percent to be above the range of Maan Aluminium's individually calculated dumping margins. However, we corroborated the Petition margin using a component approach by examining the U.S. price and normal value that are the basis of the dumping margins alleged in the petition compared to the U.S. prices reported by Maan and the normal values calculated for Maan in this investigation, thereby finding that the Petition margin is reliable and relevant, and we have corroborated the highest Petition margin of 39.05 percent to the extent practicable within the meaning of section 776(c) of the Act.
See Memorandum, “Aluminum Extrusions—Final Determination Analysis Memorandum for Maan Aluminium Limited,” dated concurrently with this memorandum (Maan's Final Analysis Memorandum).
See Memorandum, “Corroboration of Margin Based on Adverse Facts Available in the Final Determination of the Less-Than-Fair-Value Investigation of Aluminum Extrusions from India,” dated September 30, 2024.
As such, because we were able to corroborate the rate of 39.05 percent, we assign to Global Aluminium and the nine companies which failed to respond to Commerce's quantity and value questionnaire the rate of 39.05 percent in accordance with our practice.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated weighted-average dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act, i.e., facts otherwise available.
In this investigation, Commerce did not calculate estimated weighted-average dumping margins for mandatory respondents Maan Aluminium or Global Aluminium that are not zero, de minimis, or based entirely on facts otherwise available. Pursuant to section 735(c)(5)(B) of the Act, Commerce's normal practice under these circumstances is to calculate the all-others rate as a simple average of the zero percent rate calculated for Maan Aluminium and the AFA rate assigned to Global Aluminium. Accordingly, we have assigned a rate of 19.53 percent as the rate applicable to all other exporters in this investigation.
See, e.g., Fine Denier Polyester Staple Fiber from Taiwan: Final Affirmative Determination of Sales at Less Than Fair Value,83 FR 24745 (May 30, 2018); and Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value,81 FR 47355 (July 21, 2016).
Final Determination
Commerce determines that the following estimated weighted-average dumping margins exist:
In the Preliminary Determination, Commerce inadvertently listed Alom Extrusions Limited and Hindalco Industries as “non-selected respondents.” However, for the final determination, the all-others' rate is applicable to all companies not selected as a mandatory respondent or receiving a rate based on the application of adverse facts available. Thus, for the final determination, these companies are subject to the all-others' rate, rather than receiving individual weighted-average dumping margins.