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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 the Republic of Korea (Korea) 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:
Brittany Bauer or Christopher Maciuba, 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) 482-3860 or (202) 482-0413, 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 Korea. We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this investigation by seven days. The deadline for the final determination of this investigation is now September 26, 2024.
See Aluminum Extrusions from Korea: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 89 FR 38085 (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 the Republic of Korea,” 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 Korea. 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 ALMAC Co., Ltd. (ALMAC), and Shin Yang Metal Industries (SMI) 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 ALMAC and SMI.
See Memoranda, “Sales Verification Report,” dated August 22, 2024; and “Verification of the Cost Response of ALMAC Co., Ltd,” dated August 6, 2024. Commerce determined that ALMAC, ALMAC Korea Co., Ltd, and AR Aluminum are a single entity. See Preliminary Decision Memorandum at 4.
See Memoranda, “Sales Verification Report,” dated August 16, 2024, and “Verification of the Cost Response of Shin Yang Metal Industries,” dated August 23, 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
In the Preliminary Determination, Commerce found eight companies did not cooperate in this investigation by failing to provide a timely response to Commerce's quantity and value (Q&V) questionnaires. These companies were: Bowon Light Metal Co., Ltd.; Changwon Precision Extrusions; Dong Young Industrial Co., Ltd.; Han Yeong Aluminum Industrial Co., Ltd; Kyung Hee Aluminum Co. Ltd; Namsun Aluminium Co., Ltd; Nam Sung Aluminum Co., Ltd.; and Sung Hoon Aluminum Co., Ltd. Therefore, in the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act, we assigned these companies dumping margins based on total facts available, with adverse inferences (AFA). In applying total AFA, we assigned a weighted-average dumping margin of 43.56 percent, the sole dumping margin alleged in the Petition, and which Commerce corroborated to the extent practicable within the meaning of section 776(c) of the Act.
Thereafter, Hanyung Alcobis Co. Ltd (Hanyung) contacted Commerce to state that, based on the address for “Han Yeong Aluminum Industrial Co., Ltd.” on the record, which is where Commerce sent a Q&V questionnaire, the company believes that Commerce was referencing “Hanyung Alcobis Co., Ltd.” See Hanyung's Letter, “Hanyung's Quantity and Value Questionnaire Response,” dated June 12, 2024 (Hanyung's Q&V Letter).
See Petitioners' Letter, “Aluminum Extrusions from Colombia, the Dominican Republic, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, the People's Republic of China, South Korea, Taiwan, Thailand, Turkey, the United Arab Emirates and Vietnam: Petitions for the Imposition of Antidumping and Countervailing Duties,” dated October 4, 2023 (Petition).
With respect to Hanyung, having considered the facts and circumstances surrounding Hanyung's Q&V response, we find that the record does not demonstrate that the company timely received a Q&V questionnaire, and we no longer find that application of total AFA is appropriate with respect to Hanyung. For further discussion of our decision concerning Hanyung, see the Issues and Decision Memorandum. For all other companies, the seven companies that failed to respond to Commerce's Q&V questionnaire, we continue to find the application of total AFA, pursuant to sections 776(a) and (b) of the Act, is warranted.
Changes Since the Preliminary Determination
We made certain changes to the margin calculations for ALMAC and SMI 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 individually investigated exporters and producers, excluding rates that are zero, de minimis, or determined entirely under section 776 of the Act.
In this investigation, Commerce calculated an estimated weighted-average dumping margin of zero percent for ALMAC. Therefore, the only rate that is not zero, de minimis or based entirely on facts available is the rate calculated for SMI. As a result, the rate calculated for SMI is also the estimated weighted-average dumping margin for all other producers and exporters.
Final Determination
Commerce determines that the following estimated weighted-average dumping margins exist:
| Exporter/producer | Weighted-average dumping margin (percent) |
|---|---|
| ALMAC Co., Ltd.; ALMAC Korea Co. Ltd.; AR Aluminum Co. Ltd | 0.00 |
| Shin Yang Metal Industries, Co. Ltd | 3.13 |
| Bowon Light Metal Co., Ltd | * 43.56 |
| Changwon Precision Extrusions | * 43.56 |
| Dong Young Industrial Co., Ltd | * 43.56 |
| Kyung Hee Aluminum Co., Ltd | * 43.56 |
| Namsun Aluminium Co., Ltd | * 43.56 |
| Nam Sung Aluminum Co., Ltd | * 43.56 |
| Sung Hoon Aluminium Co, Ltd | * 43.56 |
| All Others | 3.13 |
| * Rates based on AFA. |