83_FR_53007 83 FR 52805 - Aluminum Wire and Cable From the People's Republic of China: Initiation of Countervailing Duty Investigation

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 Range52805-52808
FR Document2018-22655

Federal Register, Volume 83 Issue 202 (Thursday, October 18, 2018)
[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]



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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.

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    \1\ See letter from the petitioners, ``Aluminum Wire and Cable 

from China: Antidumping and Countervailing Duty Petitions,'' dated 

September 21, 2018 (the Petition).

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    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\

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    \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).

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    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\

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    \4\ See ``Determination of Industry Support for the Petition'' 

section, infra.

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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.

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    \5\ See Supplemental Questionnaire Response at 7-8 and Exhibit I 

(Revised Scope).

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    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\

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    \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).

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    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.

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    \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.

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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.

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    \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.

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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\

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    \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)).

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    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\

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    \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.

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    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\

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    \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.

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    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.

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    \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.

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    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\

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    \22\ Id.

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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\

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    \23\ See Volume I of the Petition, at 90-91 and Exhibit GEN-19.

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    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\

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    \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).

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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.

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    \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.

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    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.

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    \28\ See section 703(a)(2) of the Act.

    \29\ See section 703(a)(1) of the Act.

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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.

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    \30\ See 19 CFR 351.301(b).

    \31\ See 19 CFR 351.301(b)(2).

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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.

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    \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.

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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.
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                                                                                                       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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                                               52806                       Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices

                                               permission to submit the additional                     more than 50 percent of the total                        In determining whether the
                                               information. All such submissions must                  production of the domestic like product,              petitioners have standing under section
                                               be filed on the records of the concurrent               Commerce shall: (i) Poll the industry or              702(c)(4)(A) of the Act, we considered
                                               AD and CVD investigations.                              rely on other information in order to                 the industry support data contained in
                                                                                                       determine if there is support for the                 the Petition with reference to the
                                               Filing Requirements
                                                                                                       petition, as required by subparagraph                 domestic like product as defined in the
                                                  All submissions to Commerce must be                  (A); or (ii) determine industry support               ‘‘Scope of the Investigation,’’ in the
                                               filed electronically using Enforcement                  using a statistically valid sampling                  Appendix to this notice. To establish
                                               and Compliance’s Antidumping Duty                       method to poll the ‘‘industry.’’                      industry support, the petitioners
                                               and Countervailing Duty Centralized                        Section 771(4)(A) of the Act defines               provided their own shipment values of
                                               Electronic Service System (ACCESS).9                    the ‘‘industry’’ as the producers as a                the domestic like product in 2017 and
                                               An electronically filed document must                   whole of a domestic like product. Thus,               compared this to the estimated total
                                               be received successfully in its entirety                to determine whether a petition has the               shipment value of the domestic like
                                               by the time and date it is due.                         requisite industry support, the statute               product for the entire industry.15
                                               Documents exempted from the                             directs Commerce to look to producers                 Because total 2017 production volume
                                               electronic submission requirements                      and workers who produce the domestic                  data for the domestic like product for
                                               must be filed manually (i.e., in paper                  like product. The International Trade                 the entire domestic industry are not
                                               form) with Enforcement and                              Commission (ITC), which is responsible                reasonably available to the petitioners,
                                               Compliance’s APO/Dockets Unit, Room                     for determining whether ‘‘the domestic                and the petitioners have established that
                                               18022, U.S. Department of Commerce,                     industry’’ has been injured, must also                shipment values are a reasonable proxy
                                               1401 Constitution Avenue NW,                            determine what constitutes a domestic                 for production data,16 we have relied on
                                               Washington, DC 20230, and stamped                       like product in order to define the                   the data the petitioners provided for
                                               with the date and time of receipt by the                industry. While both Commerce and the                 purposes of measuring industry
                                               applicable deadlines.                                   ITC must apply the same statutory                     support.17
                                                                                                       definition regarding the domestic like                   Our review of the data provided in the
                                               Consultations                                                                                                 Petition, the Petition Supplement, and
                                                                                                       product,11 they do so for different
                                                 Pursuant to sections 702(b)(4)(A)(i)                  purposes and pursuant to a separate and               other information readily available to
                                               and (ii) of the Act, Commerce notified                  distinct authority. In addition,                      Commerce indicates that the petitioners
                                               representatives of the GOC of the receipt               Commerce’s determination is subject to                have established industry support for
                                               of the Petition and provided them the                   limitations of time and information.                  the Petition.18 First, the Petition
                                               opportunity for consultations with                      Although this may result in different                 established support from domestic
                                               respect to the CVD Petition.10 The GOC                  definitions of the like product, such                 producers (or workers) accounting for
                                               did not request consultations.                          differences do not render the decision of             more than 50 percent of the total
                                                                                                       either agency contrary to law.12                      production of the domestic like product
                                               Determination of Industry Support for                                                                         and, as such, Commerce is not required
                                               the Petition                                               Section 771(10) of the Act defines the
                                                                                                       domestic like product as ‘‘a product                  to take further action in order to
                                                 Section 702(b)(1) of the Act requires                 which is like, or in the absence of like,             evaluate industry support (e.g.,
                                               that a petition be filed on behalf of the               most similar in characteristics and uses              polling).19 Second, the domestic
                                               domestic industry. Section 702(c)(4)(A)                 with, the article subject to an                       producers (or workers) have met the
                                               of the Act provides that a petition meets               investigation under this title.’’ Thus, the           statutory criteria for industry support
                                               this requirement if the domestic                        reference point from which the                        under section 702(c)(4)(A)(i) of the Act
                                               producers or workers who support the                    domestic like product analysis begins is              because the domestic producers (or
                                               petition account for: (i) At least 25                   ‘‘the article subject to an investigation’’           workers) who support the Petition
                                               percent of the total production of the                  (i.e., the class or kind of merchandise to            account for at least 25 percent of the
                                               domestic like product; and (ii) more                    be investigated, which normally will be               total production of the domestic like
                                               than 50 percent of the production of the                the scope as defined in the petition).                product.20 Finally, the domestic
                                               domestic like product produced by that                     With regard to the domestic like                   producers (or workers) have met the
                                               portion of the industry expressing                      product, the petitioners do not offer a               statutory criteria for industry support
                                               support for, or opposition to, the                      definition of the domestic like product               under section 702(c)(4)(A)(ii) of the Act
                                               petition. Moreover, section 702(c)(4)(D)                distinct from the scope of the                        because the domestic producers (or
                                               of the Act provides that, if the petition               investigation.13 Based on our analysis of
                                               does not establish support of domestic                                                                        (China CVD Initiation Checklist), at Attachment II,
                                                                                                       the information submitted on the                      Analysis of Industry Support for the Antidumping
                                               producers or workers accounting for
                                                                                                       record, we have determined that                       and Countervailing Duty Petitions Covering
                                                 9 See Antidumping and Countervailing Duty
                                                                                                       aluminum wire and cable, as defined in                Aluminum Wire and Cable from the People’s
                                                                                                       the scope, constitutes a single domestic              Republic of China (Attachment II). This checklist is
                                               Proceedings: Electronic Filing Procedures;                                                                    dated concurrently with, and hereby adopted by,
                                               Administrative Protective Order Procedures, 76 FR       like product, and we have analyzed                    this notice and on file electronically via ACCESS.
                                               39263 (July 6, 2011). See also Enforcement and          industry support in terms of that                     Access to documents filed via ACCESS is also
                                               Compliance: Change of Electronic Filing System          domestic like product.14                              available in the Central Records Unit, Room B8024
                                               Name, 79 FR 69046 (November 20, 2014) for details                                                             of the main Department of Commerce building.
                                               of Commerce’s electronic filing requirements,                                                                   15 See Volume I of the Petition, at 5–6 and
                                                                                                         11 See  section 771(10) of the Act.
                                               which went into effect on August 5, 2011.
                                                                                                         12 See  USEC, Inc. v. United States, 132 F. Supp.   Exhibits GEN–02 through GEN–04; see also Petition
                                               Information on help using ACCESS can be found at
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                                                                                                       2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.   Supplement, at 8–11 and Exhibit K.
                                               https://access.trade.gov/help.aspx, and a handbook                                                              16 Id.
                                               can be found at https://access.trade.gov/help/          v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                                                                                                                               17 Id. For further discussion, see China CVD
                                               Handbook%20on%20Electronic%20Filling                    aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                               %20Procedures.pdf.                                         13 See Volume I of the Petition, at 87–89.         Initiation Checklist, at Attachment II.
                                                 10 See Commerce letter, ‘‘Countervailing Duty            14 For a discussion of the domestic like product     18 See China CVD Initiation Checklist, at

                                               Petition on Aluminum Wire and Cable from the            analysis as applied to this case and information      Attachment II.
                                                                                                                                                               19 Id.; see also section 702(c)(4)(D) of the Act.
                                               People’s Republic of China: Invitation for              regarding industry support, see Countervailing Duty
                                               Consultations to Discuss the Countervailing Duty        Investigation Initiation Checklist: Aluminum Wire       20 See China CVD Initiation Checklist, at

                                               Petition,’’ dated September 24, 2018.                   and Cable from the People’s Republic of China         Attachment II.



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                                                                           Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices                                                 52807

                                               workers) who support the Petition                       Initiation of CVD Investigation                       Instructions for filing such applications
                                               account for more than 50 percent of the                    Based on the examination of the                    may be found on the Commerce’s
                                               production of the domestic like product                 Petition, we find that the Petition meets             website at http://enforcement.trade.gov/
                                               produced by that portion of the industry                the requirements of section 702 of the                apo.
                                               expressing support for, or opposition to,               Act. Therefore, we are initiating a CVD                  Comments regarding respondent
                                               the Petition.21 Accordingly, Commerce                   investigation to determine whether                    selection must be filed electronically
                                               determines that the Petition was filed on               imports of aluminum wire and cable                    using ACCESS. An electronically filed
                                               behalf of the domestic industry within                  from China benefit from countervailable               document must be received
                                               the meaning of section 702(b)(1) of the                 subsidies conferred by the GOC. In                    successfully, in its entirety, by ACCESS
                                               Act.                                                    accordance with section 703(b)(1) of the              no later than 5:00 p.m. ET on the date
                                                  Commerce finds that the petitioners                  Act and 19 CFR 351.205(b)(1), unless                  established by Commerce. We intend to
                                               filed the Petition on behalf of the                     postponed, we will make our                           finalize our decisions regarding
                                               domestic industry because they are                      preliminary determination no later than               respondent selection within 20 days of
                                               interested parties as defined in section                65 days after the date of this initiation.            publication of this notice.
                                               771(9)(C) of the Act, and they have                        Based on our review of the Petition,               Distribution of Copies of the Petition
                                               demonstrated sufficient industry                        we find that there is sufficient
                                               support with respect to the CVD                         information to initiate a CVD                           In accordance with section
                                               investigation that they are requesting                  investigation on all of the subsidy                   702(b)(4)(A)(i) of the Act and 19 CFR
                                               that Commerce initiate.22                               programs alleged in the Petition, with                351.202(f), copies of the public versions
                                                                                                       certain limitations. For a full discussion            of the Petition have been provided to
                                               Injury Test                                                                                                   the GOC via ACCESS. To the extent
                                                                                                       of the basis for our decision to initiate
                                                 Because China is a ‘‘Subsidies                        on each program, see China CVD                        practicable, we will attempt to provide
                                               Agreement Country’’ within the                          Initiation Checklist. A public version of             a copy of the public version of the
                                               meaning of section 701(b) of the Act,                   the initiation checklist for this                     Petition to each exporter named in the
                                               section 701(a)(2) of the Act applies to                 investigation is available on ACCESS.                 Petition, as provided under 19 CFR
                                               this investigation. Accordingly, the ITC                                                                      351.203(c)(2).
                                               must determine whether imports of the                   Respondent Selection
                                               subject merchandise from China                                                                                ITC Notification
                                                                                                         The petitioners named 27 producers/
                                               materially injure, or threaten material                 exporters as accounting for the majority                We will notify the ITC of our
                                               injury to, a U.S. industry.                             of exports of aluminum wire and cable                 initiation, as required by section 702(d)
                                                                                                       to the United States from China.26 In the             of the Act.
                                               Allegations and Evidence of Material
                                                                                                       event Commerce determines that the                    Preliminary Determination by the ITC
                                               Injury and Causation
                                                                                                       number of companies is large and it
                                                  The petitioners allege that imports of               cannot individually examine each                         The ITC will preliminarily determine,
                                               the subject merchandise are benefitting                 company based upon Commerce’s                         within 45 days after the date on which
                                               from countervailable subsidies and that                 resources, where appropriate,                         the Petition was filed, whether there is
                                               such imports are causing, or threaten to                Commerce intends to select mandatory                  a reasonable indication that imports of
                                               cause, material injury to the U.S.                      respondents based on U.S. Customs and                 aluminum wire and cable from China
                                               industry producing the domestic like                    Border Protection (CBP) data for U.S.                 are materially injuring, or threatening
                                               product. In addition, the petitioners                   imports of aluminum wire and cable                    material injury to, a U.S. industry.28 A
                                               allege that subject imports exceed the                  from China during the POI under the                   negative ITC determination will result
                                               negligibility threshold provided for                    appropriate Harmonized Tariff Schedule                in the investigation being terminated.29
                                               under section 771(24)(A) of the Act.23                  of the United States numbers listed in                Otherwise, this investigation will
                                                  The petitioner contends that the                     the ‘‘Scope of the Investigation,’’ in the            proceed according to statutory and
                                               industry’s injured condition is                         Appendix. On October 9, 2018, we                      regulatory time limits.
                                               illustrated by a significant and                        released CBP data under Administrative
                                               increasing volume of subject imports;                                                                         Submission of Factual Information
                                                                                                       Protective Order (APO) to all parties
                                               underselling and price depression or                    with access to information protected by                  Factual information is defined in 19
                                               suppression; depressed absolute level of                APO and indicated that interested                     CFR 351.102(b)(21) as: (i) Evidence
                                               capacity utilization; decline in the                    parties wishing to comment regarding                  submitted in response to questionnaires;
                                               domestic industry’s financial                           the CBP data and respondent selection                 (ii) evidence submitted in support of
                                               performance; and lost sales and                         must do so within three business days                 allegations; (iii) publicly available
                                               revenues.24 We have assessed the                        of the publication date of the notice of              information to value factors under 19
                                               allegations and supporting evidence                     initiation of this CVD investigation.27               CFR 351.408(c) or to measure the
                                               regarding material injury, threat of                    Commerce will not accept rebuttal                     adequacy of remuneration under 19 CFR
                                               material injury, and causation, and we                  comments regarding the CBP data or                    351.511(a)(2); (iv) evidence placed on
                                               have determined that these allegations                  respondent selection.                                 the record by Commerce; and (v)
                                               are properly supported by adequate                         Interested parties must submit                     evidence other than factual information
                                               evidence, and meet the statutory                        applications for disclosure under APO                 described in (i)–(iv). 19 CFR 351.301(b)
                                               requirements for initiation.25                          in accordance with 19 CFR 351.305(b).                 requires any party, when submitting
                                                                                                                                                             factual information, to specify under
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                                                 21 Id.
                                                                                                       Evidence of Material Injury and Causation for the     which subsection of 19 CFR
                                                 22 Id.
                                                                                                       Antidumping and Countervailing Duty Petitions         351.102(b)(21) the information is being
                                                 23 See  Volume I of the Petition, at 90–91 and        Covering Aluminum Wire and Cable from the             submitted 30 and, if the information is
                                               Exhibit GEN–19.                                         People’s Republic of China (Attachment III).
                                                 24 Id., at 85–86, 90–101 and Exhibits GEN–16,            26 See Volume I of the Petition at 13–18.
                                                                                                                                                             submitted to rebut, clarify, or correct
                                               GEN–19 and GEN–26 through GEN–29; see also                 27 See memorandum, ‘‘Aluminum Wire and Cable
                                                                                                                                                               28 See section 703(a)(2) of the Act.
                                               Petition Supplement, at 11–14 and Exhibit L.            from the People’s Republic of China; Release of
                                                 25 See China CVD Initiation Checklist, at                                                                     29 See section 703(a)(1) of the Act.
                                                                                                       Customs Data from U.S. Customs and Border
                                               Attachment III, Analysis of Allegations and             Protection,’’ dated October 9, 2018.                    30 See 19 CFR 351.301(b).




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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
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                                                 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.




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Document Created: 2018-10-18 03:05:22
Document Modified: 2018-10-18 03:05:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable October 11, 2018.
ContactNancy Decker at (202) 482-0196 or Mark
FR Citation83 FR 52805 

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