Aluminum Extrusions From Indonesia: Final Affirmative Determination of Sales at Less Than Fair Value

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Federal RegisterOct 3, 2024
89 Fed. Reg. 80487 (Oct. 3, 2024)
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    Department of Commerce International Trade Administration
  • [A-560-840]
  • 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 Indonesia 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:

    Samuel Brummitt, 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) 482-7851.

    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 Indonesia. We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this investigation proceeding by seven days. The deadline for the final determination of this investigation is now September 26, 2024.

    See Aluminum Extrusions from Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38026 (May 7, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM).

    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 Indonesia,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

    Scope of the Investigation

    The products covered by this investigation are aluminum extrusions from Indonesia. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    During the course of 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

    Commerce verified the sales and cost information submitted by PT Alfo Citra Abadi (Alca) and PT Indal Reiwa Auto and PT Indal Aluminium Industry (collectively, Indal) for use in our final determination, consistent with section 782(i) of the Tariff Act of 1930, as

    amended (the Act). We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by Alca and Indal.

    See Memoranda, “Verification of the Sales Response of PT Alfo Citra Abadi in the Antidumping Investigation of Aluminum Extrusions from Indonesia,” dated July 31, 2024; “Verification of the Sales Response of PT Indal Aluminum Industry Tbk in the Antidumping Investigation of Aluminum Extrusions from Indonesia,” dated August 2, 2024; “Verification of the Cost Response of PT Alfo Citra Abadi in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Indonesia,” dated August 20, 2024; and “Verification of the Cost Response of PT Indal Aluminum Industry. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Indonesia,” dated August 23, 2024.

    Use of Adverse Facts Available

    For the final determination we find, in accordance with sections 776(a)(1) and (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 Alca. In addition, as discussed in the Preliminary Determination, Alupro Asia Tech failed to submit a timely respond to Commerce's quantity and value questionnaire. Consequently, for the Preliminary Determination, we determined that it was appropriate to apply AFA pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, with respect to Alupro Asia Tech. Absent comments on the application of AFA, we continue to assign the estimated weighted-average dumping margin, i.e., the dumping margin of 112.21 percent alleged in the Petition concerning aluminum extrusions from Indonesia, on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of Act.

    See Preliminary Determination PDM at 2 and 5-9.

    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 to the margin calculations for Alca and Indal since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

    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 form 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 calculated individual estimated weighted-average dumping margins for Alca and Indal that are not zero, de minimis, or based entirely on facts otherwise available. Because the individually calculated margins are not zero, de minimis, or based entirely on facts otherwise available, Commerce calculated an all-others rate using a weighted average of the weighted-average dumping margins calculated for Alca and Indal using each company's publicly ranged U.S. sales values for the merchandise under consideration, pursuant to section 735(c)(5)(A) of the Act.

    Final Determination

    Commerce determines that the following estimated weighted-average dumping margins exist:

    Exporter/producer Weighted- average dumping margin (percent) Cash deposit rate (adjusted for subsidy offset(s)) (percent)
    PT Alfo Citra Abadi 7.63 7.62
    PT Indal Reiwa Auto and PT Indal Aluminium Industry 14.65 14.65
    Alupro Asia Tech * 112.21 107.10
    All Others 9.51 9.50
    * Rate based on AFA.

    See Aluminum Extrusions from Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination, 89 FR 17405 (March 11, 2024) for export subsidies we found to be specific under sections 771(5A)(A) and (B) of the Act.

    Commerce determines that PT Indal Reiwa Auto and PT Indal Aluminium Industry are a single entity. See Issues and Decision Memorandum at 4.

    See Aluminum Extrusions from Indonesia: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With the Final Antidumping Duty Determination, 89 FR 17405 (March 11, 2024), and accompanying Preliminary Decision Memoranudm at Appendix.