China Aluminum Extrusions: AD Duty Order Issued

Combination Rates

The ITA has calculated combination rates for respondents that are eligible for a separate rate in this AD investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)

Finished Heat Sinks Excluded from Investigation

The International Trade Commission made a negative injury determination with respect to finished heat sinks, excluding such items from the investigation. The ITA will direct U.S. Customs and Border Protection to terminate the AD suspension of liquidation for entries of finished heat sinks from China. CBP will also be instructed to release any bond or other security, or refund any cash deposit, provided to cover the estimated AD duties on finished heat sinks.

(See below for revisions to the scope due to this exclusion of finished heat sinks.)

Gap Period of No AD Suspension of Liq or AD Duties for May 11-18

For this investigation, the six month period for which the AD suspension of liquidation may remain in effect before the order is issued began on November 12, 2010 (the publication date of the preliminary determination) and ended on May 11, 2010.

As the ITC’s final affirmative injury determination was published on May 19, 2011, the ITA will instruct CBP to terminate the AD suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of aluminum extrusions from China with a time of entry on or after May 11, 2011 through May 18, 2011 (gap period).

(For entries with a time of entry on or after November 12, 2010 through May 10, 2011, suspension of liquidation and AD duty liability remains in effect.)

AD Suspension of Liquidation Resumes May 19

Suspension of liquidation resumes for all entries of subject aluminum extrusions from China with a time of entry on or after May 19, 2011.

Estimated AD Cash Deposits also Effective May 19

The need to provide a form of security similarly resumes on May 19. Because the AD order has been issued, this security cannot take the form of bond, but must be a cash deposit.

ITA will instruct CBP to require, at the same time as importers would normally deposit estimated duties, a cash deposit equal to the revised estimated AD duty margins below on all entries of subject merchandise from China with a time of entry on or after May 19, 2011.

(The AD duty rate for subject merchandise exported by Guang Ya Group and New Zhongya, as well as the AD duty rate for the separate rate respondents, have been reduced for export subsidies¹.)

Finished Heat Sinks Now Excluded from Scope

The ITA is revising the scope of the subject merchandise to exclude finished heat sinks from the scope of the order, as follows:

“Also excluded from the scope of this order are finished heat sinks. Finished heat sinks are fabricated heat sinks made from aluminum extrusions the design and production of which are organized around meeting certain specified thermal performance requirements and which have been fully, albeit not necessarily individually, tested to comply with such requirements.”

¹Because the ITA determined in the companion countervailing duty order that the Guang Ya Group and New Zhongya benefitted from an export subsidy and the ITC has issued a final injury determination, the ITA has adjusted the AD duty rate for subject merchandise exported by the Guang Ya Group and New Zhongya for the export subsidy portion of the rate determined in the final CV duty determination, which is reduced to 33.02% (33.28% minus the export subsidy rate of 0.26%).

For the separate rate respondents, none of which were selected as respondents in the CV duty investigation, the ITA has adjusted the AD duty rate by the amount of export subsidies included in the all others rate from the final CV duty determination, which is reduced to zero (32.79% minus the export subsidy rate of 42.16%)).

²The ITA previously found that the Guang Ya Group, New Zhongya and Xinya should be treated as a single entity; however, because the ITA now finds that Xinya Aluminum & Stainless Steel Product Co., Ltd. did not export subject merchandise to the U.S. during the period of investigation, Xinya is not being considered for a separate rate.

³Because the adjusted rate for the separate rate respondents is zero, no cash deposit will be required for the separate rate respondents.

(See ITA notice for additional information, including the complete scope of the order, etc.

See ITT's Online Archives or 04/28/11 news, 11042855, for BP summary of the ITC’s final injury determination and negative determination regarding finished heat sinks.

See ITT’s Online Archives or 04/05/11 news, 11040538, for BP summary of the ITA’s final AD duty determination and notice of revisions to the scope of the investigation.

See ITT’s Online Archives or 04/13/11 news, 11041311, for BP summary of the ITA’s notice of correction regarding the collection of unadjusted AD duties prior to the issuance of the CV duty order.)

ITA contact -- Paul Stolz (202) 482-4474

(FR Pub 04/05/11, ITA Case No. A-570-967)

The ITC’s publication of its final injury determination (FR Pub 05/19/11) is available here.