Aluminum Extrusions: Prelim AD Cash Deposit Rates Take Effect for 14 Countries

Antidumping duty suspension of liquidation and cash deposit requirements took effect May 7 for imports of aluminum extrusions from China (A-570-158), Colombia (A-301-806), Ecuador (A-331-804), India (A-533-920), Indonesia (A-560-840), Italy (A-475-846), Malaysia (A-557-826), Mexico (A-201-860), South Korea (A-580-918), Taiwan (A-583-874), Thailand (A-549-847), Turkey (A-489-850), the United Arab Emirates (A-520-810) and Vietnam (A-552-837), after the Commerce Department on that date published its preliminary affirmative determinations that they are being sold in the U.S. at less than fair value.

Commerce calculated zero percent AD rates for Eural Gnutti in its preliminary determination for Italy; Genesis Aluminium Industries/Zenshin Industries and P.A. Extrusion (M) in its preliminary determination for Malaysia; ALMAC/ALMAC Korea/ AR Aluminum in its preliminary determination for South Korea; and Sow Shin Aluminum/Xiashin International in its preliminary determination for Taiwan. If Commerce continues to set zero rates for these companies (or any other exporter) in its final determinations, they will be exempt from any AD order issued in connection with these respective investigations. Commerce will not suspend liquidation for these companies at this time, nor require any AD duty cash deposits.

Commerce is also conducting countervailing duty investigations on aluminum extrusions from China, Indonesia, Mexico and Turkey. In a preliminary determination issued in March (see 2403080041), it set CVD rates ranging from 15.41% to 169.66% for Chinese companies, zero to 43.56% for Indonesian companies; zero to 77.82% for Mexican companies; and zero to 147.53% for Turkish companies. Suspension of liquidation for CVD purposes and CVD cash deposit requirements for these countries took effect March 11, except for the companies that received zero rates.

Scope Still in Flux as Commerce Continues to Seek Input

Commerce made a single change to the scope of the AD/CVD investigations on aluminum extrusions beyond what it already changed in its preliminary countervailing duty determinations. At the request of the petitioner that requested the investigations, Commerce is changing a paragraph to describe more clearly an exclusion from the scope, as follows:

"The scope also excludes aluminum extrusions contained in unassembled merchandise, if the unassembled merchandise is not a part or subassembly of a larger whole. To be excluded under this paragraph, the unassembled merchandise must also contain a component other than aluminum extrusions, beyond fasteners. In addition, to be excluded under this paragraph, the unassembled merchandise must be a packaged combination of parts that is ready to be assembled as imported, without undergoing after importation any processing, fabrication, or finishing or the addition of parts or material (with the exception of consumable parts or material or interchangeable media or tooling). To be excluded under this paragraph, the unassembled merchandise must be sold and enter as a discrete kit on one Customs entry form."

Commerce also said "outstanding issues still remain" and that it's seeking additional comments on the scope. "Therefore, interested parties and Commerce may introduce further modifications to the scope language before the final determinations in these investigations. Consequently, until the issuance of any potential AD or CVD orders, the scope language remains subject to change." Comments are due May 22.

However, in response to "large number and detail of scope comments" it received on the scope in the leadup to its prelininary AD determinations, Commerce provided lengthy list of products in its scope memo that it has determined are covered or not covered by the scope of the investigations. See the memo for the full lists.

AD Suspension of Liquidation and Cash Deposit Requirements

Commerce will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after May 7 (suspension of liquidation is already in effect for CVD purposes for China, Indonesia, Mexico and Turkey), and require cash deposits at the following rates:

China

*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.

Colombia

Ecuador

India

Indonesia

*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.

Italy

Malaysia

Mexico

*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate).

South Korea

Taiwan

Thailand

Turkey

*As adjusted for export subsidies found in Commerce's preliminary CV duty determination. This rate is the cash deposit rate while CV duty suspension of liquidation remains in effect. If CV duty suspension of liquidation is lifted (e.g., if the “provisional measures” period expires, the rate in the “AD Rate” column will be the AD duty cash deposit rate).

Vietnam

UAE

(The period of investigation is 10/01/22 - 09/30/23, except for China and Vietnam, where it's 04/01/23 - 09/30/23. See Commerce's notices for more information, including the scope, suspension of liquidation, etc. See 2310300050 for summary of the initiation of this AD duty investigation.)