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

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Federal RegisterOct 3, 2024
89 Fed. Reg. 80517 (Oct. 3, 2024)
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    Department of Commerce International Trade Administration
  • [A-549-847]
  • 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 Thailand 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:

    Jun Jack Zhao or Thomas Cloyd, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1396 or (202) 482-1246, 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 Thailand. 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 Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38042 (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 Thailand,” 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 Thailand. 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 Thai Metal Aluminum Co., Ltd. (Thai Metal) and United Aluminum Industry Co., Ltd. (United) 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 Thai Metal and United.

    See Memorandum, “Verification of the Cost Response of Thai Metal Aluminum in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Thailand,” dated July 23, 2024; see also Memorandum, “Verification of the Sales Response of Thai Metal Aluminum Co., Ltd. in the Less-Than-Fair-Value Investigation of Aluminum Extrusions from Thailand,” dated August 8, 2024; see also Memorandum, “Verification of the Sales Response of United Aluminum Industry Co., Ltd. in the Less-Than-Fair Value Investigation of Aluminum Extrusions from Thailand,” dated August 8, 2024; see also Memorandum, “Verification of the Cost Responses of United Aluminum Industry Co., Ltd. in the Antidumping Duty Investigation of Aluminum Extrusions from Thailand,” dated August 12, 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 from the Preliminary Determination following the verification of Thai Metal and United's sales and cost information. 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 estimated weighted-average dumping margins for Thai Metal and United that are not zero, de minimis, or based entirely on facts otherwise available. As such, Commerce has determined the dumping margin for all-others companies to be a simple average of Thai Metal's and United's calculated rates, pursuant to section 735(c)(5)(B) of the Act.

    See Memorandum, “All Others' Rate Memorandum,” dated concurrently with this notice.

    Final Determination

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

    Exporter/producer Weighted- average dumping margin (percent)
    Thai Metal Aluminum Co., Ltd 2.02
    United Aluminum Industry Co., Ltd 4.35
    All Others 3.19