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

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Federal RegisterOct 3, 2024
89 Fed. Reg. 80521 (Oct. 3, 2024)
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    Department of Commerce International Trade Administration
  • [A-475-846]
  • AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The U.S. Department of Commerce (Commerce) determines that aluminum extrusions from Italy are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation October 1, 2022, through September 30, 2023.

    DATES:

    Applicable October 3, 2024.

    FOR FURTHER INFORMATION CONTACT:

    Eric Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1988.

    SUPPLEMENTARY INFORMATION:

    Background

    On May 7, 2024, Commerce published in the Federal Register its preliminary determination in the LTFV investigation of aluminum extrusions from Italy. 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 is now September 26, 2024.

    See Aluminum Extrusions from Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38067 (May 7, 2024) ( Preliminary Determination) and accompanying Preliminary Decision Memorandum.

    See Preliminary Determination, 89 FR at 38069.

    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 made available to the public 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 Italy,” 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 Italy. 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 Memorandum, “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), in May and June 2024, we conducted verifications of the sales and cost information submitted by Eural Gnutti S.p.A (Eural) and Metra S.p.A (Metra) 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 Eural and Metra.

    See Memoranda, “Verification of the Sales Responses of Eural Gnutti S.p.A. and Eural USA Inc. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Italy,” dated July 22, 2024; see also “Verification of the Sales Responses of Metra S.p.A., Metra Ragusa S.p.A. and IMET S.p.A. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Italy,” dated July 22, 2024; “Verification of the Cost Responses of Eural Gnutti S.p.A. in the Antidumping Duty Investigation of Aluminum Extrusions from Italy,” dated July 16, 2024; and “Verification of the Cost Responses of Metra S.p.A. (Metra) and its collapsed affiliated producers Metra Ragusa S.p.A. (Metra Ragusa) and IMET S.p.A, (IMET) (collectively, the Metra Extruders) in the Antidumping Duty Investigation of Aluminum Extrusions from Italy,” dated July 29, 2024.

    Use of Adverse Facts Available

    For the purposes of this final determination, we find, pursuant to section 776(a)(1) of the Act, that the use of adverse facts available (AFA) is warranted in determining the weighted- average dumping margin for non-responsive companies. For a further discussion of these issues, see the Issues and Decision Memorandum.

    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 as Appendix II to this notice.

    Changes Since the Preliminary Determination

    We have made certain changes to the margin calculations for Eural and Metra 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 for exporters and producers individually investigated excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.

    Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis, or determined based entirely on facts otherwise available, Commerce may use any reasonable method to establish the estimated weighted-average dumping margin for all other producers or exporters. Commerce has determined the estimated weighted-average dumping margins for the individually examined respondents under section 735(c)(5) of the Act.

    Commerce calculated an individual estimated weighted-average dumping margin for Metra, one of the two individually examined exporter/producers in this investigation. Commerce determines that the other mandatory respondent, Eural, did not make sales of subject merchandise at LTFV. Accordingly, Commerce is assigning Metra's dumping margin to all other producers and exporters not individually examined.

    Final Determination

    Commerce determines that the following estimated weighted-average dumping margins exist: 8

    Producer/exporter Weighted-average dumping margin (percent)
    Eural Gnutti S.p.A 0.00
    Metra S.p.A; Metra Ragusa S.p.A.; IMET S.p.A 13.19
    Alex S.p.A * 41.67
    Bodega G. & C. S.p.A * 41.67
    Estral S.p.A * 41.67
    Pasturi S.r.l * 41.67
    PFA S.r.l * 41.67
    All Others 13.19
    * Rate is based on AFA.