83 FR 52805 - Aluminum Wire and Cable From the People's Republic of China: Initiation of Countervailing Duty Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
Federal Register Volume 83, Issue 202 (October 18, 2018)
| Page Range | 52805-52808 | |
| FR Document | 2018-22655 |
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52805-52808] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22655] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-096] Aluminum Wire and Cable From the People's Republic of China: Initiation of Countervailing Duty Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 11, 2018. FOR FURTHER INFORMATION CONTACT: Nancy Decker at (202) 482-0196 or Mark Hoadley at (202) 482-3148, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: The Petition On September 21, 2018, the U.S. Department of Commerce (Commerce) received a countervailing duty (CVD) Petition concerning imports of aluminum wire and cable from the People's Republic of China (China), filed in proper form on behalf of Encore Wire Corporation and Southwire Company, LLC (the petitioners), which are domestic producers of aluminum wire and cable.\1\ The CVD Petition was accompanied by an antidumping duty (AD) Petition concerning imports of aluminum wire and cable from China. --------------------------------------------------------------------------- \1\ See letter from the petitioners, ``Aluminum Wire and Cable from China: Antidumping and Countervailing Duty Petitions,'' dated September 21, 2018 (the Petition). --------------------------------------------------------------------------- On September 25 and 26, 2018, Commerce requested supplemental information pertaining to certain aspects of the Petition in two separate supplemental questionnaires, one dealing with general issues with the Petition and the other with issues related to Volume III of the Petition (i.e., the CVD allegation).\2\ The petitioners filed their combined response to the supplemental questionnaires on September 28, 2018.\3\ --------------------------------------------------------------------------- \2\ See letters from Commerce, ``Petition for the Imposition of Countervailing Duties on Imports of Aluminum Wire and Cable from the People's Republic of China: Supplemental Questions'' (CVD Deficiency Questionnaire), dated September 25, 2018, and ``Petitions for the Imposition of Antidumping and Countervailing Duties on Imports of Aluminum Wire and Cable from the People's Republic of China: Supplemental Questions'' (General Issues Deficiency Questionnaire), dated September 26, 2018. \3\ See letter from the petitioners, ``Aluminum Wire and Cable from China: Amendment of Petitions and Response to Commerce's Supplemental Questions'' dated September 28, 2018 (Petition Supplement). --------------------------------------------------------------------------- In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that the Government of China (GOC) is providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to producers of aluminum wire and cable in China and that imports of such products are materially injuring, or threatening material injury to, the domestic industry producing aluminum wire and cable in the United States. Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to the petitioners supporting their allegations. Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are an interested party as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support necessary for the initiation of the requested CVD investigation.\4\ --------------------------------------------------------------------------- \4\ See ``Determination of Industry Support for the Petition'' section, infra. --------------------------------------------------------------------------- Period of Investigation Because the Petition was filed on September 28, 2018, the period of investigation is January 1, 2017, through December 31, 2017. Scope of the Investigation The product covered by this investigation is aluminum wire and cable from China. For a full description of the scope of this investigation, see the Appendix to this notice. Scope Comments During our review of the Petition, Commerce contacted the petitioners regarding the proposed scope language to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.\5\ As a result of the petitioners' submission, the scope of the Petition was modified to clarify the description of merchandise covered by the Petition. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. --------------------------------------------------------------------------- \5\ See Supplemental Questionnaire Response at 7-8 and Exhibit I (Revised Scope). --------------------------------------------------------------------------- As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\6\ Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\7\ all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit such comments by 5:00 p.m. Eastern Time (ET) on October 31, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 13, 2018.\8\ --------------------------------------------------------------------------- \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \7\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \8\ See 19 CFR 351.303(b). Rebuttal comments are normally due 10 days after the comment deadline. In this case, 10 calendar days from the initial comments deadline falls on Saturday, November 10, 2018. Commerce's practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request [[Page 52806]] permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\9\ An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \9\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf. --------------------------------------------------------------------------- Consultations Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce notified representatives of the GOC of the receipt of the Petition and provided them the opportunity for consultations with respect to the CVD Petition.\10\ The GOC did not request consultations. --------------------------------------------------------------------------- \10\ See Commerce letter, ``Countervailing Duty Petition on Aluminum Wire and Cable from the People's Republic of China: Invitation for Consultations to Discuss the Countervailing Duty Petition,'' dated September 24, 2018. --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,\11\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\12\ --------------------------------------------------------------------------- \11\ See section 771(10) of the Act. \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is ``the article subject to an investigation'' (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the petition). With regard to the domestic like product, the petitioners do not offer a definition of the domestic like product distinct from the scope of the investigation.\13\ Based on our analysis of the information submitted on the record, we have determined that aluminum wire and cable, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \13\ See Volume I of the Petition, at 87-89. \14\ For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Countervailing Duty Investigation Initiation Checklist: Aluminum Wire and Cable from the People's Republic of China (China CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Aluminum Wire and Cable from the People's Republic of China (Attachment II). This checklist is dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petition with reference to the domestic like product as defined in the ``Scope of the Investigation,'' in the Appendix to this notice. To establish industry support, the petitioners provided their own shipment values of the domestic like product in 2017 and compared this to the estimated total shipment value of the domestic like product for the entire industry.\15\ Because total 2017 production volume data for the domestic like product for the entire domestic industry are not reasonably available to the petitioners, and the petitioners have established that shipment values are a reasonable proxy for production data,\16\ we have relied on the data the petitioners provided for purposes of measuring industry support.\17\ --------------------------------------------------------------------------- \15\ See Volume I of the Petition, at 5-6 and Exhibits GEN-02 through GEN-04; see also Petition Supplement, at 8-11 and Exhibit K. \16\ Id. \17\ Id. For further discussion, see China CVD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petition, the Petition Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petition.\18\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).\19\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act because the domestic producers (or workers) who support the Petition account for at least 25 percent of the total production of the domestic like product.\20\ Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act because the domestic producers (or [[Page 52807]] workers) who support the Petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petition.\21\ Accordingly, Commerce determines that the Petition was filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. --------------------------------------------------------------------------- \18\ See China CVD Initiation Checklist, at Attachment II. \19\ Id.; see also section 702(c)(4)(D) of the Act. \20\ See China CVD Initiation Checklist, at Attachment II. \21\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the CVD investigation that they are requesting that Commerce initiate.\22\ --------------------------------------------------------------------------- \22\ Id. --------------------------------------------------------------------------- Injury Test Because China is a ``Subsidies Agreement Country'' within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to this investigation. Accordingly, the ITC must determine whether imports of the subject merchandise from China materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation The petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\23\ --------------------------------------------------------------------------- \23\ See Volume I of the Petition, at 90-91 and Exhibit GEN-19. --------------------------------------------------------------------------- The petitioner contends that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; underselling and price depression or suppression; depressed absolute level of capacity utilization; decline in the domestic industry's financial performance; and lost sales and revenues.\24\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\25\ --------------------------------------------------------------------------- \24\ Id., at 85-86, 90-101 and Exhibits GEN-16, GEN-19 and GEN- 26 through GEN-29; see also Petition Supplement, at 11-14 and Exhibit L. \25\ See China CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Aluminum Wire and Cable from the People's Republic of China (Attachment III). --------------------------------------------------------------------------- Initiation of CVD Investigation Based on the examination of the Petition, we find that the Petition meets the requirements of section 702 of the Act. Therefore, we are initiating a CVD investigation to determine whether imports of aluminum wire and cable from China benefit from countervailable subsidies conferred by the GOC. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Based on our review of the Petition, we find that there is sufficient information to initiate a CVD investigation on all of the subsidy programs alleged in the Petition, with certain limitations. For a full discussion of the basis for our decision to initiate on each program, see China CVD Initiation Checklist. A public version of the initiation checklist for this investigation is available on ACCESS. Respondent Selection The petitioners named 27 producers/exporters as accounting for the majority of exports of aluminum wire and cable to the United States from China.\26\ In the event Commerce determines that the number of companies is large and it cannot individually examine each company based upon Commerce's resources, where appropriate, Commerce intends to select mandatory respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of aluminum wire and cable from China during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers listed in the ``Scope of the Investigation,'' in the Appendix. On October 9, 2018, we released CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO and indicated that interested parties wishing to comment regarding the CBP data and respondent selection must do so within three business days of the publication date of the notice of initiation of this CVD investigation.\27\ Commerce will not accept rebuttal comments regarding the CBP data or respondent selection. --------------------------------------------------------------------------- \26\ See Volume I of the Petition at 13-18. \27\ See memorandum, ``Aluminum Wire and Cable from the People's Republic of China; Release of Customs Data from U.S. Customs and Border Protection,'' dated October 9, 2018. --------------------------------------------------------------------------- Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Commerce's website at http://enforcement.trade.gov/apo. Comments regarding respondent selection must be filed electronically using ACCESS. An electronically filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date established by Commerce. We intend to finalize our decisions regarding respondent selection within 20 days of publication of this notice. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), copies of the public versions of the Petition have been provided to the GOC via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petition to each exporter named in the Petition, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determination by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of aluminum wire and cable from China are materially injuring, or threatening material injury to, a U.S. industry.\28\ A negative ITC determination will result in the investigation being terminated.\29\ Otherwise, this investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \28\ See section 703(a)(2) of the Act. \29\ See section 703(a)(1) of the Act. --------------------------------------------------------------------------- Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by Commerce; and (v) evidence other than factual information described in (i)-(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \30\ and, if the information is submitted to rebut, clarify, or correct [[Page 52808]] factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct.\31\ Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Interested parties should review the regulations prior to submitting factual information in this investigation. --------------------------------------------------------------------------- \30\ See 19 CFR 351.301(b). \31\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum of the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Parties should review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.\32\ Parties must use the certification formats provided in 19 CFR 351.303(g).\33\ Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. --------------------------------------------------------------------------- \32\ See section 782(b) of the Act. \33\ See Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act and 19 CFR 351.203(c). Dated: October 11, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The scope of the investigation covers aluminum wire and cable, which is defined as an assembly of one or more electrical conductors made from 8000 Series Aluminum Alloys (defined in accordance with ASTM B800), Aluminum Alloy 1350 (defined in accordance with ASTM B230/B230M or B609/B609M), and/or Aluminum Alloy 6201 (defined in accordance with ASTM B398/B398M), provided that: (1) At least one of the electrical conductors is insulated; (2) each insulated electrical conductor has a voltage rating greater than 80 volts and not exceeding 1000 volts; and (3) at least one electrical conductor is stranded and has a size not less than 16.5 thousand circular mil (kcmil) and not greater than 1000 kcmil. The assembly may: (1) Include a grounding or neutral conductor; (2) be clad with aluminum, steel, or other base metal; or (3) include a steel support center wire, one or more connectors, a tape shield, a jacket or other covering, and/or filler materials. Most aluminum wire and cable products conform to National Electrical Code (NEC) types THHN, THWN, THWN-2, XHHW-2, USE, USE-2, RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories (UL) standards UL-44, UL-83, UL-758, UL-854, UL-1063, UL-1277, UL- 1569, UL-1581, or UL-4703, but such conformity is not required for the merchandise to be included within the scope. The scope of the investigation specifically excludes conductors that are included in equipment already assembled at the time of importation. Also excluded are aluminum wire and cable products in actual lengths less than six feet. The merchandise covered by the investigation is currently classifiable under subheading 8544.49.9000 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the scope may also enter under HTSUS subheading 8544.42.9090. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. [FR Doc. 2018-22655 Filed 10-17-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 52805
Commerce is issuing and publishing wire and cable.1 The CVD Petition was Scope of the Investigation
these results in accordance with accompanied by an antidumping duty The product covered by this
sections 751(a)(1) and 777(i) of the Act (AD) Petition concerning imports of investigation is aluminum wire and
and 19 CFR 351.221(b)(5). aluminum wire and cable from China. cable from China. For a full description
Dated: October 9, 2018.
On September 25 and 26, 2018, of the scope of this investigation, see the
Commerce requested supplemental Appendix to this notice.
Gary Taverman,
information pertaining to certain aspects
Deputy Assistant Secretary for Antidumping of the Petition in two separate Scope Comments
and Countervailing Duty Operations,
supplemental questionnaires, one During our review of the Petition,
performing the non-exclusive functions and
duties for the Assistant Secretary for dealing with general issues with the Commerce contacted the petitioners
Enforcement and Compliance. Petition and the other with issues regarding the proposed scope language
related to Volume III of the Petition (i.e., to ensure that the scope language in the
Appendix the CVD allegation).2 The petitioners Petition is an accurate reflection of the
List of Topics Discussed in the Final filed their combined response to the products for which the domestic
Decision Memorandum supplemental questionnaires on industry is seeking relief.5 As a result of
I. Summary September 28, 2018.3 the petitioners’ submission, the scope of
II. Background In accordance with section 702(b)(1) the Petition was modified to clarify the
III. Scope of the Order of the Tariff Act of 1930, as amended description of merchandise covered by
IV. List of Comments (the Act), the petitioners allege that the the Petition. The description of the
V. Discussion of Comments Government of China (GOC) is merchandise covered by this initiation,
Comment 1: Treatment of Suzano’s Sales to providing countervailable subsidies, as described in the Appendix to this
an U.S. Foreign Trade Zone (FTZ) within the meaning of sections 701 and
Comment 2: Treatment of Suzano’s Credit
notice, reflects these clarifications.
771(5) of the Act, to producers of As discussed in the Preamble to
Expenses aluminum wire and cable in China and
Comment 3: Treatment of INSS Taxes Commerce’s regulations, we are setting
that imports of such products are aside a period for interested parties to
Comment 4: Suzano’s Liquidation
Instructions materially injuring, or threatening raise issues regarding product coverage
Comment 5: Programming Issue in material injury to, the domestic industry (scope).6 Commerce will consider all
Suzano’s Margin Calculation producing aluminum wire and cable in comments received from interested
VI. Recommendation the United States. Consistent with parties and, if necessary, will consult
[FR Doc. 2018–22720 Filed 10–17–18; 8:45 am] section 702(b)(1) of the Act and 19 CFR with interested parties prior to the
BILLING CODE 3510–DS–P
351.202(b), for those alleged programs issuance of the preliminary
on which we are initiating a CVD determination. If scope comments
investigation, the Petition is include factual information,7 all such
DEPARTMENT OF COMMERCE accompanied by information reasonably factual information should be limited to
available to the petitioners supporting public information. To facilitate
International Trade Administration their allegations. preparation of its questionnaires,
Commerce finds that the petitioners Commerce requests that all interested
filed the Petition on behalf of the parties submit such comments by 5:00
[C–570–096]
domestic industry because the p.m. Eastern Time (ET) on October 31,
Aluminum Wire and Cable From the petitioners are an interested party as 2018, which is 20 calendar days from
People’s Republic of China: Initiation defined in section 771(9)(C) of the Act. the signature date of this notice. Any
of Countervailing Duty Investigation Commerce also finds that the petitioners rebuttal comments, which may include
demonstrated sufficient industry factual information, must be filed by
AGENCY: Enforcement and Compliance, support necessary for the initiation of 5:00 p.m. ET on November 13, 2018.8
International Trade Administration, the requested CVD investigation.4 Commerce requests that any factual
Department of Commerce. information parties consider relevant to
Period of Investigation
DATES: Applicable October 11, 2018. the scope of the investigation be
Because the Petition was filed on submitted during this period. However,
FOR FURTHER INFORMATION CONTACT: September 28, 2018, the period of
Nancy Decker at (202) 482–0196 or if a party subsequently finds that
investigation is January 1, 2017, through additional factual information
Mark Hoadley at (202) 482–3148, AD/ December 31, 2017.
CVD Operations, Enforcement and pertaining to the scope of the
Compliance, International Trade 1 See letter from the petitioners, ‘‘Aluminum Wire
investigation may be relevant, the party
Administration, U.S. Department of and Cable from China: Antidumping and
may contact Commerce and request
Commerce, 1401 Constitution Avenue Countervailing Duty Petitions,’’ dated September
21, 2018 (the Petition). 5 See Supplemental Questionnaire Response at 7–
NW, Washington, DC 20230. 2 See letters from Commerce, ‘‘Petition for the 8 and Exhibit I (Revised Scope).
SUPPLEMENTARY INFORMATION: Imposition of Countervailing Duties on Imports of 6 See Antidumping Duties; Countervailing Duties,
Aluminum Wire and Cable from the People’s Final Rule, 62 FR 27296, 27323 (May 19, 1997)
The Petition Republic of China: Supplemental Questions’’ (CVD (Preamble).
Deficiency Questionnaire), dated September 25, 7 See 19 CFR 351.102(b)(21) (defining ‘‘factual
On September 21, 2018, the U.S. 2018, and ‘‘Petitions for the Imposition of information’’).
Department of Commerce (Commerce) Antidumping and Countervailing Duties on Imports 8 See 19 CFR 351.303(b). Rebuttal comments are
received a countervailing duty (CVD) of Aluminum Wire and Cable from the People’s normally due 10 days after the comment deadline.
khammond on DSK30JT082PROD with NOTICES
Republic of China: Supplemental Questions’’
Petition concerning imports of (General Issues Deficiency Questionnaire), dated
In this case, 10 calendar days from the initial
comments deadline falls on Saturday, November 10,
aluminum wire and cable from the September 26, 2018. 2018. Commerce’s practice dictates that where a
People’s Republic of China (China), 3 See letter from the petitioners, ‘‘Aluminum Wire
deadline falls on a weekend or federal holiday, the
filed in proper form on behalf of Encore and Cable from China: Amendment of Petitions and appropriate deadline is the next business day. See
Wire Corporation and Southwire Response to Commerce’s Supplemental Questions’’ Notice of Clarification: Application of ‘‘Next
dated September 28, 2018 (Petition Supplement). Business Day’’ Rule for Administrative
Company, LLC (the petitioners), which 4 See ‘‘Determination of Industry Support for the Determination Deadlines Pursuant to the Tariff Act
are domestic producers of aluminum Petition’’ section, infra. of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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![52808 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
factual information already on the the applicable certification (HTSUS). Products subject to the scope may
record, to provide an explanation requirements. also enter under HTSUS subheading
identifying the information already on 8544.42.9090. The HTSUS subheadings are
Notification to Interested Parties provided for convenience and customs
the record that the factual information
Interested parties must submit purposes. The written description of the
seeks to rebut, clarify, or correct.31 Time scope of the investigation is dispositive.
limits for the submission of factual applications for disclosure under APO
in accordance with 19 CFR 351.305. On [FR Doc. 2018–22655 Filed 10–17–18; 8:45 am]
information are addressed in 19 CFR
351.301, which provides specific time January 22, 2008, Commerce published BILLING CODE 3510–DS–P
limits based on the type of factual Antidumping and Countervailing Duty
information being submitted. Interested Proceedings: Documents Submission
Procedures; APO Procedures, 73 FR DEPARTMENT OF COMMERCE
parties should review the regulations
prior to submitting factual information 3634 (January 22, 2008). Parties wishing
International Trade Administration
in this investigation. to participate in this investigation
should ensure that they meet the Quarterly Update to Annual Listing of
Extensions of Time Limits requirements of these procedures (e.g., Foreign Government Subsidies on
Parties may request an extension of the filing of letters of appearance as Articles of Cheese Subject to an In-
time limits before the expiration of a discussed at 19 CFR 351.103(d)). Quota Rate of Duty
time limit established under 19 CFR This notice is issued and published
351.301, or as otherwise specified by the pursuant to sections 702 and 777(i) of AGENCY: Enforcement and Compliance,
Secretary. In general, an extension the Act and 19 CFR 351.203(c). International Trade Administration,
request will be considered untimely if it Dated: October 11, 2018. Department of Commerce.
is filed after the expiration of the time Gary Taverman, DATES: Applicable October 18, 2018.
limit established under 19 CFR 351.301. Deputy Assistant Secretary for Antidumping FOR FURTHER INFORMATION CONTACT:
For submissions that are due from and Countervailing Duty Operations, Stephanie Moore, AD/CVD Operations,
multiple parties simultaneously, an performing the non-exclusive functions and Office III, Enforcement and Compliance,
extension request will be considered duties of the Assistant Secretary for International Trade Administration,
untimely if it is filed after 10:00 a.m. ET Enforcement and Compliance. U.S. Department of Commerce, 1401
on the due date. Under certain Appendix I Constitution Ave. NW, Washington, DC
circumstances, we may elect to specify 20230, telephone: (202) 482–3692.
a different time limit by which Scope of the Investigation
SUPPLEMENTARY INFORMATION: On August
extension requests will be considered The scope of the investigation covers 8, 2018, the Department of Commerce
untimely for submissions which are due aluminum wire and cable, which is defined (Commerce), pursuant to section 702(h)
from multiple parties simultaneously. In as an assembly of one or more electrical
conductors made from 8000 Series
of the Trade Agreements Act of 1979 (as
such a case, we will inform parties in amended) (the Act), published the
Aluminum Alloys (defined in accordance
the letter or memorandum of the with ASTM B800), Aluminum Alloy 1350 quarterly update to the annual listing of
deadline (including a specified time) by (defined in accordance with ASTM B230/ foreign government subsidies on articles
which extension requests must be filed B230M or B609/B609M), and/or Aluminum of cheese subject to an in-quota rate of
to be considered timely. An extension Alloy 6201 (defined in accordance with duty covering the period January 1,
request must be made in a separate, ASTM B398/B398M), provided that: (1) At 2018, through March 31, 2018.1 In the
stand-alone submission; under limited least one of the electrical conductors is First Quarter 2018 Update, we requested
circumstances we will grant untimely- insulated; (2) each insulated electrical
conductor has a voltage rating greater than 80
that any party that has information on
filed requests for the extension of time foreign government subsidy programs
volts and not exceeding 1000 volts; and (3)
limits. Parties should review Extension that benefit articles of cheese subject to
at least one electrical conductor is stranded
of Time Limits; Final Rule, 78 FR 57790 and has a size not less than 16.5 thousand an in-quote rate of duty submit such
(September 20, 2013), available at circular mil (kcmil) and not greater than 1000 information to Commerce.2 We received
http://www.gpo.gov/fdsys/pkg/FR-2013- kcmil. The assembly may: (1) Include a no comments, information or requests
09-20/html/2013-22853.htm, prior to grounding or neutral conductor; (2) be clad for consultation from any party.
submitting factual information in this with aluminum, steel, or other base metal; or Pursuant to section 702(h) of the Act,
investigation. (3) include a steel support center wire, one we hereby provide Commerce’s update
or more connectors, a tape shield, a jacket or
Certification Requirements other covering, and/or filler materials. of subsidies on articles of cheese that
Most aluminum wire and cable products were imported during the period April
Any party submitting factual 1, 2018, through June 30, 2018. The
conform to National Electrical Code (NEC)
information in an AD or CVD types THHN, THWN, THWN–2, XHHW–2, appendix to this notice lists the country,
proceeding must certify to the accuracy USE, USE–2, RHH, RHW, or RHW–2, and the subsidy program or programs, and
and completeness of that information.32 also conform to Underwriters Laboratories the gross and net amounts of each
Parties must use the certification (UL) standards UL–44, UL–83, UL–758, UL– subsidy for which information is
formats provided in 19 CFR 854, UL–1063, UL–1277, UL–1569, UL–1581, currently available.
351.303(g).33 Commerce intends to or UL–4703, but such conformity is not
required for the merchandise to be included
Commerce will incorporate additional
reject factual submissions if the programs which are found to constitute
submitting party does not comply with within the scope.
The scope of the investigation specifically subsidies, and additional information
excludes conductors that are included in on the subsidy programs listed, as the
khammond on DSK30JT082PROD with NOTICES
31 See 19 CFR 351.301(b)(2).
32 See
equipment already assembled at the time of information is developed. Commerce
section 782(b) of the Act.
33 See Certification of Factual Information to
importation. Also excluded are aluminum encourages any person having
wire and cable products in actual lengths less
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
than six feet. 1 See Quarterly Update to Annual Listing of
17, 2013) (‘‘Final Rule’’); see also frequently asked The merchandise covered by the Foreign Government Subsidies on Articles of Cheese
questions regarding the Final Rule, available at investigation is currently classifiable under Subject to an In-Quota Rate of Duty, 83 FR 39061
http://enforcement.trade.gov/tlei/notices/factual_ subheading 8544.49.9000 of the Harmonized (August 8, 2018) (First Quarter 2018 Update).
info_final_rule_FAQ_07172013.pdf. Tariff Schedule of the United States 2 Id.
VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/83_FR_53007/page/4.png)
Document Created: 2018-10-18 03:05:22
Document Modified: 2018-10-18 03:05:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 11, 2018. | |
| Contact | Nancy Decker at (202) 482-0196 or Mark | |
| FR Citation | 83 FR 52805 |
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