Aluminum Extrusions From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part

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 Vietnam. We invited interested parties to comment on the Preliminary Determination. On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days. The deadline for the final determination is now September 26, 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.

Scope of the Investigation

The products covered by this investigation are aluminum extrusions from Vietnam. For a complete description of the scope of this investigation, see Appendix I to this notice.

Scope Comments

During the course of this investigation, Commerce received scope comments from parties. Commerce issued Preliminary Scope Decision Memoranda to address these comments and set aside a period 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.

Final Affirmative Determination of Critical Circumstances, in Part

On May 28, 2024, Commerce published in the Federal Register , its preliminary affirmative determination of critical circumstances in part. Specifically, Commerce preliminarily determined that critical circumstances do exist with respect to imports of aluminum extrusions from Vietnam with respect to the Vietnam-wide entity. Additionally, for East Asia and the non-individually examined separate rate companies that we preliminarily found qualified for a separate rate, we preliminary determined that critical circumstances do not exist because section 733(e)(1)(A) of the Tariff Act of 1930, as amended (the Act) is not met. We continue to find that critical circumstances do exist with respect to imports of aluminum extrusions from Vietnam with respect to the Vietnam-wide entity. Additionally, we continue to find that critical circumstances do not exist for imports of aluminum extrusions from Vietnam with respect to East Asia and the non-individually examined separate rate companies eligible for a separate rate, pursuant to sections 735(a)(3)(A) and (B) of the Act, and 19 CFR 351.206. For further discussion of this issue, see the Issues and Decision Memorandum.

Verification

As provided in section 782(i) of the Act, in June and July 2024, we verified the sales and cost information submitted by Bau Bang Precision Manufacturing Vietnam Co. LTD. (Bau Bang) and East Asia Aluminum Co., Ltd (East Asia) 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 Bau Bang and East Asia.

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 made certain changes to the margin calculation for East Asia since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

Vietnam-Wide Entity and Use of Adverse Facts Available

Consistent with the Preliminary Determination, Commerce continues to find, pursuant to sections 776(a) and (b) of the Act, that the use of facts otherwise available, with adverse inferences (AFA), is warranted in determining the rate for the Vietnam-wide entity. For this final determination, as AFA, we continue to rely on an adverse inference in selecting from the facts available with respect to the Vietnam-wide entity and are assigning a rate of 41.84 percent, which is the highest margin alleged in the petition.

Separate Rates

We preliminarily found the mandatory respondent, East Asia to be eligible for a separate rate in the Preliminary Determination. No interested party commented on our preliminary separate rate determination with respect to East Asia and we have no basis to otherwise reconsider this determination. Accordingly, we continue to find that East Asia is eligible for a separate rate in the final determination. In addition, no party commented on our decision in the Preliminary Determination to grant separate status to certain other companies that we did not select for individual examination. Accordingly, we continue to find that these companies are eligible for a separate rate in the final determination.

In calculating the rate for non-individually examined separate rate respondents in a non-market economy LTFV investigation, Commerce normally looks to section 735(c)(5)(A) of the Act, which pertains to the calculation of the all-others rate in a market economy LTFV investigation, for guidance. Pursuant to section 735(c)(5)(A) of the Act, normally this rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for those companies individually examined, excluding any margins that are zero, de minimis, or based entirely under section 776 of the Act. The statute further provides that, where all margins are zero, de minimis, or based entirely on facts available under section 776 of the Act, Commerce may use “any reasonable method” for assigning the rate to non-selected respondents.

In this final determination, the sole mandatory respondent that is eligible for a calculated margin ( i.e., East Asia) has received a weighted-average dumping margin which is not zero, de minimis, or based entirely on facts available. Therefore, in accordance with section 735(c)(5)(A) of the Act, we have assigned East Asia's calculated weighted-average dumping margin ( i.e., 14.15 percent) to the non-examined separate rate respondents.

Combination Rates

Consistent with the Preliminary Determination, and Policy Bulletin 05.1, Commerce calculated combination rates for the respondents that are eligible for a separate rate in this investigation.

Final Determination

The final estimated weighted-average dumping margins are as follows: