Aluminum Extrusions From the United Arab Emirates: 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 the United Arab Emirates. We invited interested parties to comment on the Preliminary Determination. On May 13, 2024, Commerce received ministerial error comments from respondent Gulf Extrusions LLC/Automotive Precision Technology (APT)-Sole Proprietorship LLC (collectively, Gulfex). On May 28, 2024, Commerce published in the Federal Register its preliminary affirmative determination, in part, of critical circumstances. On May 31, 2024, Commerce issued its analysis of Gulfex's ministerial error allegations. On July 22, 2024, Commerce tolled certain deadlines in this administrative 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 the United Arab Emirates. 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 the 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.

Verification

Commerce verified the sales and cost information submitted by Gulfex and by OSE Industries LLC (OSE) for use in our final determination, consistent with section 782(i) of the Act. We used standard verification procedures, including an examination of relevant sales and accounting records, and original source documents provided by both Gulfex and OSE.

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

Based on our review and analysis of the information at verification and comments received from interested parties, we made certain changes regarding Gulfex's and OSE's reported sales and cost data since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum.

Use of Adverse Facts Available

As discussed in the Preliminary Determination, the following companies failed to respond to Commerce's quantity and value questionnaire: Al Buraq Trading & Enterprises, Co. (Al Buraq), Al Hamad Industrial Co., LLC (Al Hamad), Al Jaber Aluminium Extrusions, LLC (Al Jaber), Aluminum Products Co. (APC), Arabian Extrusions Factory (Arabian Extrusions), Emirates Extrusion Factory, LLC (Emirates Extrusion), Taweelah Aluminium Extrusion Co. (Taweelah), and White Aluminum Extrusions, LLC (White Aluminum). Consequently, for the Preliminary Determination, we determined that it was appropriate to apply adverse facts available (AFA) pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act, with respect to Al Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, and White Aluminum. Absent comments regarding the application of AFA, we continue to assign the estimated weighted average dumping margin, the highest dumping margin alleged in the petition, 42.29 percent ad valorem, for these companies on the basis of AFA, pursuant to sections 776(a)(1), 776(a)(2)(A)-(C), and 776(b) of the Act.

Final Determination of Critical Circumstances

Commerce preliminarily determined that critical circumstances do not exist with respect to imports of aluminum extrusions from Gulfex, OSE, and producers/importers of subject merchandise from the UAE other than Al Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, and White Aluminum ( i.e., all-other UAE exporters/producers) but determined that critical circumstances exist with respect to various companies which were assigned a rate based on total adverse facts available. We have not modified our critical circumstances finding for any entity in the final. Thus, pursuant to section 735(a)(3) of the Act, we find that critical circumstances do not exist with respect to Gulfex, OSE, and all other UAE exporters/producers but do exist with respect to Al Buraq, Al Hamad, Al Jaber, APC, Arabian Extrusions, Emirates Extrusion, Taweelah, and White Aluminum concerning imports of aluminum extrusions from the UAE. For a full description of the methodology and results of Commerce's critical circumstances analysis, 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 both Gulfex and OSE that are not zero, de minimis, or based entirely on facts otherwise available. Consequently, pursuant to section 735(c)(5)(A) of the Act, we calculated the all-others rate using a weighted average of the estimated weighted-average dumping margins calculated for Gulfex and OSE using each company's publicly ranged values for the merchandise under consideration.

Final Determination

Commerce determines that the following estimated weighted-average dumping margins exist for the period, October 1, 2022, through September 30, 2023: