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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 Mexico 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:
Fred Baker or Carolyn Adie, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2924 or (202) 482-6250, respectively.
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 Mexico. 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 Mexico: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38037 (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 Mexico,” 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 Mexico. 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
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 Aluminio de Baja California, S.A. de C.V. (ABC) and Aluminio Texcoco S.A. de C.V. (ALUTEX), including ALUTEX's U.S. affiliate Marvol Metal Solutions (Marvol), 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 ABC, ALUTEX, and Marvol.
See Memoranda, “Verification of the Sales Response of Aluminio de Baja California, S.A. de C.V,” dated July 26, 2024, and “Verification of the Cost Response of Aluminio de Baja California, S.A. de C.V. d.b.a. ABC Aluminum Solutions,” dated August 15, 2024.
See Memorandum, Verification of the Sales Response of ALUTEX,” dated July 26, 2024; see also Memorandum, “Verification of the Cost Response of Aluminio Texcoco, S.A. de C.V.,” dated August 24, 2024.
See Memorandum, “Verification of Sales Response of Marvol Metal Solutions,” dated July 26, 2024.
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 ABC's and ALUTEX's reported sales and cost data 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 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 ABC and ALUTEX 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 the all-others rate using a simple average of the estimated weighted-average dumping margins calculated for the examined respondents.
With two respondents selected for individual examination, Commerce normally calculates: (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly ranged U.S. sales values for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part,75 FR 53661, 53662 (September 1, 2010), and accompanying Issues and Decision Memorandum at Comment 1. However, because complete publicly ranged sales data are not available for both examined respondents, Commerce based the all-others rate on the simple average of the weighted-average dumping margins calculated for the mandatory respondents.
Final Determination
Commerce determines that the following estimated weighted-average dumping margins exist:
Commerce continues to determine that Aluminio Texcoco, S.A. de C.V., NEO Aluminio, S.A. de C.V., Extrusiones Metálicas, S.A. de C.V., Extrusiones Metálicas Expo are a single entity. See Preliminary Determination PDM.
| Exporter/producer | Weighted- average dumping margin (percent) | Cash deposit rate (adjusted for export subsidy offset) (percent) |
|---|---|---|
| Aluminio de Baja California S.A. de C.V | 22.71 | 22.04 |
| Aluminio Texcoco, S.A. de C.V./NEO Aluminio, S.A. de C.V./Extrusiones Metálicas, S.A. de C.V./Extrusiones Metálicas Expo | 7.42 | 7.42 |
| Merit Stamping | * 82.03 | 81.36 |
| Tubos y Perfiles de Aluminio | * 82.03 | 81.36 |
| All Others | 15.07 | 14.40 |
| * Rates based on facts available with adverse inferences. |