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China Aluminum Extrusions: CV Duty Order Issued

The International Trade Administration is issuing a countervailing duty order on aluminum extrusions from China (C-570-968). The ITA has also concurrently issued an antidumping duty order on subject merchandise. See ITT's Online Archives or 05/26/11 news, 11052632, for BP summary.

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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 CV 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 CV duties on finished heat sinks.

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

Gap Period of No CV Suspension of Liq or CV Duties for Jan 6 - May 18

The ITA previously issued instructions to U.S. Customs and Border Protection to discontinue the suspension of liquidation for CV duty purposes on aluminum extrusions from China with a time of entry on or after January 6, 2011, but to continue the suspension of liquidation of all entries from September 7, 2010 through January 5, 2011. As a result, the “gap period” of no CV duty liability is Jan 6, 2011 - May 18, 2011. (See ITT's Online Archives or 01/11/11 news, 11011110, for BP summary the CBP instructions.)

CV Suspension of Liquidation Resumes May 19

The ITA will direct CBP to resume CV suspension of liquidation on entries of subject aluminum extrusions of China with a time of entry on or after May 19, 2011 (the publication date of the ITC final injury determination).

Estimated CV Cash Deposits also Effective May 19

The need to provide a form of security similarly resumes on May 19. Because the CV 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 estimated CV duty margins below1 on all entries of subject merchandise from China with a time of entry on or after May 19, 2011.

Exporter/ManufacturerCV Rate

(Cash Only)

Guang Ya Aluminum Industries Co., Ltd.; Foshan Guangcheng Aluminum Co., Ltd.; Guang Ya Aluminum Industries Hong Kong; Kong Ah International Company Limited; and Yongji Guanghai Aluminum Industry Co., Ltd. (collectively, the Guang Ya Companies)9.94%
Zhaoqing New Zhongya Aluminum Co., Ltd.; Zhongya Shaped Aluminum HK Holding Ltd.; and Karlton Aluminum Company Ltd. (collectively, the Zhongya Companies)8.02%
Dragonluxe Limited374.15%
Miland Luck Limited374.15%
Liaoyang Zhongwang Aluminum Profile Co. Ltd./Liaoning

Zhongwang Group (collectively, the Zhongwang Group)

374.15%
All Others374.15%

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.”

1These CV duty rates are unchanged from the final CV duty determination.

(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, 11040535, for BP summary of the final CV duty determination.)

ITA contact -- John Conniff (202) 482-1009

(FR Pub 05/26/11, ITA Case No. C-570-968)