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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 Taiwan 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:
Hermes Pinilla or Blair Hood, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-8329, 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 Taiwan. 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 Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38080 (May 7, 2024) ( Preliminary Determination), and accompanying Preliminary Decision Memorandum.
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 Taiwan,” 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 Taiwan. 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
Commerce verified the sales and cost information submitted by Sow Shin Aluminum Co., Ltd. (Sow Shin) 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 Sow Shin.
See Memorandum, “Sales Verification Report,” dated June 25, 2024; and Memorandum, “Verification of the Cost Response of Sow Shin,” dated August 1, 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.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to a mandatory respondent in this investigation, Yuan Sheng Aluminium Mfg. Corp. (Yuan Sheng), and its collapsed affiliates, Great Well Aluminium Industrial Ltd. (Great Well) and Ye Fong Aluminum Industrial Ltd. (Ye Fong) dumping margins based on adverse facts available (AFA), pursuant to sections 776(a) and (b) the Act. Further, the companies that did not respond to our quantity and value questionnaires, Cheng Hsin Aluminum Corp., Chiao Tai Aluminum Industry, and Formosa Shinn Yoan Industrial Co., Ltd., failed to cooperate in this investigation. Therefore, in the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act, Commerce assigned these companies a rate based on AFA. Accordingly for this final determination, we continue to find that the application of AFA pursuant to sections 776(a) and (b) of the Act is warranted with respect to Yuan Sheng, Great Well, Ye Fong, Cheng Hsin Aluminum Corp., Chiao Tai Aluminum Industry, and Formosa Shinn Yoan Industrial Co., Ltd.
See Preliminary Determination, 89 FR at 38080.
Changes Since the Preliminary Determination
We made certain changes regarding Sow Shin's reported home market commissions and multi-extrusion sales since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Where the rates for individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 735(c)(5)(B) of the Act instructs Commerce to rely on “any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted-average dumping margins determined for exporters and producers individually investigated.”
In this investigation, Commerce has determined the dumping margin for Yuan Sheng under section 776 of the Act and has calculated an estimated weighted-average dumping margin for Sow Shin of 0.74 percent ( de minimis ). As such, we are applying to the non-selected respondents, Shin Hsin Aluminum Co., Ltd., E8 Green Energy Technology Co., Ltd., Fusheng Precision Co., Ltd., and M&M Hardware Corporation, the all-others rate of 34.30 percent, which is the simple average of the dumping margins for Yuan Sheng and Sow Shin.
See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the Federal Republic of Germany,73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets from Taiwan,73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod from Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances,78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod from Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances,79 FR 14476, 14477 (March 14, 2014).
Final Determination
Commerce determines that the following estimated weighted-average dumping margins exist:
Commerce determined that Sow Shin and Xiashin International Co., Ltd. (Xiashin) are a single entity (collectively, Sow Shin). See Preliminary Determination. Commerce also determined that Yuan Sheng, Great Well, and Ye Fong are a single entity. See Preliminary Determination.
| Exporter/producer | Weighted-average dumping margin (percent) |
|---|---|
| Sow Shin Aluminum Co., Ltd.; Xiashin International Co., Ltd | 0.74 ( de minimis) |
| Yuan Sheng Aluminium Mfg. Corp.; Great Well Aluminium Industrial Ltd.; Ye Fong Aluminum Industrial Ltd | * 67.86 |
| Chiao Tai Aluminum Industry | * 67.86 |
| Formosa Shinn Yoan Industrial Co., Ltd | * 67.86 |
| Cheng Hsin Aluminum Corp | * 67.86 |
| All Others | 34.30 |
| * Rates based on AFA. |