China Aluminum Extrusions: Preliminary Affirmative AD Duty Determination
The International Trade Administration has made a preliminary affirmative antidumping determination that aluminum extrusions from China (A-570-967) are being, or are likely to be, sold in the U.S. at less than fair value.
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The ITA has also made a preliminary determination that Guang Ya Group and New Zhongy engaged in targeted dumping.
Combination Rates
The ITA has calculated combination rates for respondents that are eligible for a separate rate in this investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of the 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)
AD Suspension of Liquidation Instructions
The ITA will instruct CBP to suspend liquidation of all entries of aluminum extrusions from China with a time of entry on or after November 12, 2010.
Estimated AD Cash Deposit or Bond Requirements
The ITA will also instruct CBP to require a cash deposit or the posting of a bond for entries of aluminum extrusions from China for the following exporter/producer combinations with a time of entry on or after November 12, 2010 at the estimated AD duty rates below.
(Note that Guang Ya Group/New Zhongya/Xinya’s AD duty rate has been reduced for export subsidies1.)
Pursuant to comments received, the ITA has preliminarily determined to add the following exclusion to the scope of this investigation:
"The scope also excludes collapsible tubular containers composed of metallic elements corresponding to alloy code 1080A as designated by the Aluminum Association where the tubular container (excluding the nozzle) meets each of the following dimensional characteristics: (1) length of 37 mm or 62 mm, (2) outer diameter of 11.0 mm or 12.7 mm, and (3) wall thickness not exceeding 0.13 mm."
The ITA notes that it will consider comments received that were not submitted in time for consideration for the preliminary determination for the final determination.
ITA Preliminarily Finds Targeted Dumping, but Determines to Use Standard Methodology
In September 2010, the petitioners submitted a targeted dumping by Guang Ya Group and New Zhongya. As a result of its analysis, the ITA preliminarily determines that there is a pattern of export prices (or constructed export prices) for comparable merchandise that differ significantly among purchasers, time periods, and regions for Guang Ya Group/New Zhongya.
For the preliminary determination, however, the ITA finds that the result of using the standard average-to-average methodology is not substantially different from that using the alternative average-to-transaction methodology. Accordingly, it has preliminarily applied the standard average-to-average methodology to all U.S. sales that Guang Ya Group/New Zhongya reported.
(Note that in December 2008, the ITA issued an interim final rule withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)
1Because the ITA has determined that subject merchandise exported and produced by Guang Ya Group/New Zhongya/Xinya benefitted from export subsidies, its AD duty rate has been reduced for the export subsidy portion of the rates determined in the preliminary countervailing duty determination.
(See ITA notice for additional information, including the complete current scope of the investigation, etc.
See ITT’s Online Archives or 10/29/10 news, 10102909, for BP summary of the ITA’s fact sheet announcing this preliminary AD determination.
See ITT’s Online Archives or 04/27/10 news, 10042716, for BP summary of the ITA’s initiation of this AD investigation and the companion CV duty investigation.
See ITT’s Online Archives or 09/07/10 news, 10090703, for BP summary of the preliminary CV duty determination.
See ITT's Online Archives or 09/21/10 news, 10092118, for BP summary of the ITA's alignment of the due dates for the final AD and CV duty determinations.)
ITA contact -- Paul Stolz (202) 482-4474
(FR Pub 11/12/10, ITA Case No. A-570-967)