83 FR 52811 - Aluminum Wire and Cable From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 202 (October 18, 2018)
International Trade Administration
Federal Register Volume 83, Issue 202 (October 18, 2018)
| Page Range | 52811-52815 | |
| FR Document | 2018-22656 |
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52811-52815] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22656] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-095] Aluminum Wire and Cable From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable October 11, 2018. FOR FURTHER INFORMATION CONTACT: Kathryn Turlo at (202) 482-3870 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 an antidumping duty (AD) 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 (Encore) and Southwire Company, LLC (the petitioners), domestic producers of aluminum wire and cable.\1\ The AD Petition was accompanied by a countervailing duty (CVD) Petition concerning imports of aluminum wire and cable from China. --------------------------------------------------------------------------- \1\ See letter from the petitioners, ``Aluminum Wire and Cable from China: Antidumping and Countervailing Duty Petitions,'' dated September 21, 2018 (the Petition). --------------------------------------------------------------------------- On September 25 and 26, 2018, Commerce requested supplemental information pertaining to certain aspects of the Petition in two separate supplemental questionnaires, one dealing with general issues with the Petition and the other with issues related to Volume I and Volume II of the Petition (i.e., the AD allegation).\2\ The petitioners filed their combined response to the supplemental questionnaires on September 28, 2018.\3\ --------------------------------------------------------------------------- \2\ See letters from Commerce, ``Petition for the Imposition of Antidumping Duties on Imports of Aluminum Wire and Cable from the People's Republic of China: Supplemental Questions,'' dated September 25, 2018 (AD Supplemental Questionnaire), 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,'' dated September 26, 2018 (General Issues Supplemental Questionnaire). \3\ See letter from the petitioners, ``Aluminum Wire and Cable from China: Amendment of Petitions and Response to Commerce's Supplemental Questions'' dated September 28, 2018 (Petition Supplement). --------------------------------------------------------------------------- In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), the petitioners allege that imports of aluminum wire and cable from China are being, or are likely to be, sold in the United States at less-than-fair-value (LTFV) within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, the domestic industry producing aluminum wire and cable in the United States. Consistent with section 732(b)(1) of the Act, the Petition is accompanied by information reasonably available to the petitioners supporting their allegation. Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because the petitioners are interested parties as defined in section 771(9)(C) of the Act. Commerce also finds that the petitioners demonstrated sufficient industry support with respect to the initiation of the requested AD investigation.\4\ --------------------------------------------------------------------------- \4\ See the ``Determination of Industry Support for the Petition'' section, infra. --------------------------------------------------------------------------- Period of Investigation Because China is a non-market economy (NME) country, pursuant to 19 CFR 351.204(b)(1), the period of investigation (POI) is January 1, 2018, through June 30, 2018. [[Page 52812]] Scope of the Investigation The product covered by this investigation is aluminum wire and cable from China. For a full description of the scope of this investigation, see the Appendix to this notice. Scope Comments During our review of the Petition, Commerce contacted the petitioners regarding the proposed scope language to ensure that the scope language in the Petition is an accurate reflection of the products for which the domestic industry is seeking relief.\5\ As a result of the petitioners' submission, the scope of the Petition was modified to clarify the description of merchandise covered by the Petition. The description of the merchandise covered by this initiation, as described in the Appendix to this notice, reflects these clarifications. --------------------------------------------------------------------------- \5\ See Petition Supplement, at 7-8 and Exhibit I (Revised Scope). --------------------------------------------------------------------------- As discussed in the Preamble to Commerce's regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).\6\ Commerce will consider all comments received from interested parties and, if necessary, will consult with interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,\7\ all such factual information should be limited to public information. To facilitate preparation of its questionnaires, Commerce requests that all interested parties submit scope comments by 5:00 p.m. Eastern Time (ET) on October 31, 2018, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on November 13, 2018.\8\ --------------------------------------------------------------------------- \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \7\ See 19 CFR 351.102(b)(21) (defining ``factual information''). \8\ See 19 CFR 351.303(b). Rebuttal comments are normally due 10 days after the comment deadline. In this case, 10 calendar days from the initial comments deadline falls on Saturday, November 10, 2018. Commerce's practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Commerce requests that any factual information parties consider relevant to the scope of the investigation be submitted during this period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact Commerce and request permission to submit the additional information. All such submissions must be filed on the records of the concurrent AD and CVD investigations. Filing Requirements All submissions to Commerce must be filed electronically using Enforcement and Compliance's Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS).\9\ An electronically filed document must be received successfully in its entirety by the time and date it is due. Documents exempted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. --------------------------------------------------------------------------- \9\ See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of Commerce's electronic filing requirements, effective 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. --------------------------------------------------------------------------- Comments on Product Characteristics for AD Questionnaire Commerce is providing interested parties an opportunity to comment on the appropriate physical characteristics of aluminum wire and cable to be reported in response to Commerce's AD questionnaire. This information will be used to identify the key physical characteristics of the merchandise under consideration in order to report the relevant factors of production accurately, as well as to develop appropriate product-comparison criteria. Interested parties may provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. In order to consider the suggestions of interested parties in developing and issuing the AD questionnaire, all product characteristics comments must be filed by 5:00 p.m. ET on October 31, 2018, which is 20 calendar days from the signature date of this notice.\10\ Any rebuttal comments must be filed by 5:00 p.m. ET on November 12, 2018. All comments and submissions to Commerce must be filed electronically using ACCESS, as explained above, on the record of the China LTFV investigation. --------------------------------------------------------------------------- \10\ See 19 CFR 351.303(b). --------------------------------------------------------------------------- Determination of Industry Support for the Petition Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(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 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, Commerce shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ``industry.'' Section 771(4)(A) of the Act defines the ``industry'' as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs Commerce to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ``the domestic industry'' has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both Commerce and the ITC must apply the same statutory definition regarding the domestic like product,\11\ they do so for different purposes and pursuant to a separate and distinct authority. In addition, Commerce's determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.\12\ --------------------------------------------------------------------------- \11\ See section 771(10) of the Act. \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)). --------------------------------------------------------------------------- Section 771(10) of the Act defines the domestic like product as ``a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.'' Thus, the reference point from which the domestic like product analysis begins is [[Page 52813]] ``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 Petition.\13\ Based on our analysis of the information submitted on the record, we have determined that aluminum wire and cable, as defined in the scope, constitutes a single domestic like product, and we have analyzed industry support in terms of that domestic like product.\14\ --------------------------------------------------------------------------- \13\ See Volume I of the Petition, at 87-89. \14\ For a discussion of the domestic like product analysis as applied to this case and information regarding industry support, see Antidumping Duty Investigation Initiation Checklist: Aluminum Wire and Cable from the People's Republic of China (China AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Aluminum Wire and Cable from the People's Republic of China (Attachment II). This checklist is dated concurrently with, and hereby adopted by, this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. --------------------------------------------------------------------------- In determining whether the petitioners have standing under section 732(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 domestic industry.\15\ Because total 2017 production volume data for the domestic like product for the entire domestic industry are not reasonably available to the petitioners, and the petitioners have established that shipment values are a reasonable proxy for production data,\16\ we have relied on the data the petitioners provided for purposes of measuring industry support.\17\ --------------------------------------------------------------------------- \15\ See Volume I of the Petition, at 5-6 and Exhibits GEN-02 through GEN-04; see also Petition Supplement, at 8-11 and Exhibit K. \16\ Id. \17\ Id. For further discussion, see China AD Initiation Checklist, at Attachment II. --------------------------------------------------------------------------- Our review of the data provided in the Petition, the Petition Supplement, and other information readily available to Commerce indicates that the petitioners have established industry support for the Petition.\18\ First, the Petition established support from domestic producers (or workers) accounting for more than 50 percent of the total production of the domestic like product and, as such, Commerce is not required to take further action in order to evaluate industry support (e.g., polling).\19\ Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(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 732(c)(4)(A)(ii) of the Act because the domestic producers (or 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 732(b)(1) of the Act. --------------------------------------------------------------------------- \18\ See China AD Initiation Checklist, at Attachment II. \19\ See section 732(c)(4)(D) of the Act; see also China AD Initiation Checklist, at Attachment II. \20\ See China AD Initiation Checklist, at Attachment II. \21\ Id. --------------------------------------------------------------------------- Commerce finds that the petitioners filed the Petition on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act, and they have demonstrated sufficient industry support with respect to the AD investigation that they are requesting that Commerce initiate.\22\ --------------------------------------------------------------------------- \22\ Id. --------------------------------------------------------------------------- Allegations and Evidence of Material Injury and Causation The petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (NV). In addition, the petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.\23\ --------------------------------------------------------------------------- \23\ See Volume I of the Petition, at 90-91 and Exhibit GEN-19. --------------------------------------------------------------------------- The petitioners contend that the industry's injured condition is illustrated by a significant and increasing volume of subject imports; underselling and price depression or suppression; depressed absolute level of capacity utilization; decline in the domestic industry's financial performance; and lost sales and revenues.\24\ We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence, and meet the statutory requirements for initiation.\25\ --------------------------------------------------------------------------- \24\ Id. at 85-86, 90-101 and Exhibits GEN-16, GEN-19 and GEN-26 through GEN-29; see also Petition Supplement, at 11-14 and Exhibit L. \25\ See China AD 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). --------------------------------------------------------------------------- Allegations of Sales at LTFV The following is a description of the allegations of sales at LTFV upon which Commerce based its decision to initiate an AD investigation of imports of aluminum wire and cable from China. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the China AD Initiation Checklist. Export Price The petitioners based U.S. export price (EP) on price sheets for aluminum wire and cable offered for sale in the United States. The price sheet was from a U.S. distributor of aluminum wire and cable in the United States who is the leading U.S. distributor of aluminum wire and cable produced by a Chinese producer/exporter of subject merchandise.\26\ The petitioners made deductions from the U.S. prices for estimated distributor's markup and international freight and customs duties.\27\ --------------------------------------------------------------------------- \26\ See Volume I of the Petition, at 20-23 and Exhibit GEN-13; see also Petition Supplement, at Exhibit D. \27\ Id. --------------------------------------------------------------------------- Normal Value Commerce considers China to be an NME country.\28\ In accordance with section 771(18)(C)(i) of the Act, any determination that a foreign country is an NME country shall remain in effect until revoked by Commerce. Therefore, we continue to treat China as an NME country for purposes of the initiation of this investigation. Accordingly, NV in China is appropriately based on factors of production (FOPs) valued in a [[Page 52814]] surrogate market economy country, in accordance with section 773(c) of the Act.\29\ --------------------------------------------------------------------------- \28\ See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing Memorandum to Gary Taverman, ``China's Status as a Non-Market Economy,'' dated October 26, 2017), unchanged in Certain Aluminum Foil from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018). \29\ See China AD Initiation Checklist, at 8-9. --------------------------------------------------------------------------- The petitioners claim that Mexico is an appropriate surrogate country for China because (1) Mexico is a market economy and at a comparable level of economic development as China, based on per capita gross national income,\30\ (2) Mexico is a significant producer of comparable merchandise,\31\ and (3) public information from Mexico is available to value all material input factors.\32\ The petitioners provided publicly available information from Mexico to value all FOPs.\33\ Therefore, based on the information provided by the petitioners, we determine that it is appropriate to use Mexico as the primary surrogate country for initiation purposes.\34\ --------------------------------------------------------------------------- \30\ See Volume II of the Petition, at Exhibit GEN-17. \31\ See Volume II of the Petition, at Exhibits GEN-18 and GEN- 19. \32\ See Volume I of the Petition, at 24. \33\ See Volume II of the Petition, at GEN-21 and GEN-22. \34\ See China AD Initiation Checklist, at 8. --------------------------------------------------------------------------- Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs within 30 days before the scheduled date of the preliminary determination. Factors of Production Based on their assertion that the specifications for aluminum wire and cable products are standard across all producers in the United States and China, the petitioners used Encore's own consumption rates to estimate FOPs of Chinese producers/exporters.\35\ In addition, the petitioners valued the estimated FOPs using surrogate values from Mexico in U.S. dollars.\36\ --------------------------------------------------------------------------- \35\ See Volume I of the Petition, at 24; see also Volume II of the Petition, at Exhibits GEN-16 and GEN-20. \36\ See Volume I of the Petition, at 24-25; see also Volume II of the Petition, at Exhibits GEN-20, GEN-21 and GEN-22. --------------------------------------------------------------------------- Fair Value Comparisons Based on the data provided by the petitioners, there is reason to believe that imports of aluminum wire and cable from China are being, or are likely to be, sold in the United States at LTFV. Based on comparisons of EP to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for aluminum wire and cable from China are 53.54--63.47 percent.\37\ --------------------------------------------------------------------------- \37\ See Petition Supplement, at 7 and Exhibit G. --------------------------------------------------------------------------- Initiation of LTFV Investigation Based upon the examination of the Petition, we find that the Petition meets the requirements of section 732 of the Act. Therefore, we are initiating an AD investigation to determine whether imports of aluminum wire and cable from China are being, or are likely to be, sold in the United States at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 140 days after the date of this initiation. 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.\38\ In accordance with our standard practice for respondent selection in AD cases involving NME countries, we intend to issue quantity and value (Q&V) questionnaires to producers/exporters of merchandise subject to this investigation. In the event Commerce determines that it cannot individually examine each company, where appropriate, Commerce intends to select mandatory respondents based on the responses received to its Q&V questionnaire. Commerce will request Q&V information from known exporters and producers identified with complete contact information in the Petition. In addition, Commerce will post the Q&V questionnaires along with filing instructions on Enforcement and Compliance's website at http://www.trade.gov/enforcement/news.asp. --------------------------------------------------------------------------- \38\ See Volume I of the Petition, at 24; see also Volume II of the Petition, at Exhibits GEN-16 and GEN-20. --------------------------------------------------------------------------- Producers/exporters of aluminum wire and cable from China that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy of the Q&V questionnaire from Enforcement & Compliance's website. The Q&V questionnaire response must be submitted by the relevant Chinese exporters/producers no later than 5:00 p.m. ET on October 25, 2018, which is two weeks from the signature date of this notice. All Q&V responses must be filed electronically via ACCESS. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.\39\ The specific requirements for submitting a separate-rate application in this investigation are outlined in detail in the application itself, which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate application will be due 30 days after publication of this initiation notice.\40\ Exporters and producers who submit a separate-rate application and have been selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of Commerce's AD questionnaire as mandatory respondents. Commerce requires that companies from China submit a response to both the Q&V questionnaire and the separate-rate application by the respective deadlines in order to receive consideration for separate-rate status. Companies not filing a timely Q&V questionnaire response will not receive separate-rate consideration. --------------------------------------------------------------------------- \39\ See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). \40\ Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ``the Secretary may request any person to submit factual information at any time during a proceeding,'' this deadline is now 30 days. --------------------------------------------------------------------------- Use of Combination Rates Commerce will calculate combination rates for certain respondents that are eligible for a separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: {w{time} hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ``combination rates'' because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.\41\ --------------------------------------------------------------------------- \41\ See Policy Bulletin 05.1 at 6 (emphasis added). --------------------------------------------------------------------------- Distribution of Copies of the Petition In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petition have been provided to the government of China via ACCESS. To the extent practicable, we will [[Page 52815]] 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 732(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.\42\ A negative ITC determination will result in the investigation being terminated.\43\ Otherwise, the investigation will proceed according to statutory and regulatory time limits. --------------------------------------------------------------------------- \42\ See section 733(a) of the Act. \43\ Id. --------------------------------------------------------------------------- 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). Section 351.301(b) of Commerce's regulations requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted \44\ and, if the information is submitted to rebut, clarify, or correct 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.\45\ 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. --------------------------------------------------------------------------- \44\ See 19 CFR 351.301(b). \45\ See 19 CFR 351.301(b)(2). --------------------------------------------------------------------------- Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in a 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.\46\ Parties must use the certification formats provided in 19 CFR 351.303(g).\47\ Commerce intends to reject factual submissions if the submitting party does not comply with the applicable certification requirements. --------------------------------------------------------------------------- \46\ See section 782(b) of the Act. \47\ See also Certification of Factual Information to Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to frequently asked questions regarding the Final Rule are available at http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf. --------------------------------------------------------------------------- Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 732(c)(2) 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. 2018-22656 Filed 10-17-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 52811
In accordance with Commerce’s assessment of doubled antidumping petitioners), domestic producers of
‘‘automatic assessment’’ practice, for duties. aluminum wire and cable.1 The AD
entries of subject merchandise during Petition was accompanied by a
Administrative Protective Order
the POR produced by Navigator for countervailing duty (CVD) Petition
which it did not know that the This notice also serves as a reminder concerning imports of aluminum wire
merchandise was destined for the to parties subject to administrative and cable from China.
United States, we will instruct CBP to protective orders (APO) of their On September 25 and 26, 2018,
liquidate those entries at the all-others responsibility concerning the return or Commerce requested supplemental
rate if there is no rate for the destruction of proprietary information information pertaining to certain aspects
intermediate company(ies) involved in disclosed under APO in accordance of the Petition in two separate
the transaction. with 19 CFR 351.305(a)(3), which supplemental questionnaires, one
We intend to issue instructions to continues to govern business dealing with general issues with the
CBP 15 days after the publication date proprietary information in this segment Petition and the other with issues
of the final results of this review. of the proceeding. Timely written related to Volume I and Volume II of the
notification of the return/destruction of Petition (i.e., the AD allegation).2 The
Cash Deposit Requirements APO materials, or conversion to judicial petitioners filed their combined
The following cash deposit protective order, is hereby requested. response to the supplemental
requirements will be effective upon Failure to comply with the regulations questionnaires on September 28, 2018.3
publication of the notice of final results and the terms of an APO is a In accordance with section 732(b) of
of administrative review for all sanctionable violation. the Tariff Act of 1930, as amended (the
shipments of the subject merchandise We are issuing and publishing this Act), the petitioners allege that imports
entered, or withdrawn from warehouse, notice in accordance with section 735(e) of aluminum wire and cable from China
for consumption on or after the of the Act and 19 CFR 351.224(e) and are being, or are likely to be, sold in the
publication date of the final results of (f). United States at less-than-fair-value
this administrative review, as provided Dated: October 9, 2018. (LTFV) within the meaning of section
by section 751(a)(2)(C) of the Act: (1) Gary Taverman, 731 of the Act, and that such imports
The cash deposit rate for Navigator will are materially injuring, or threatening
Deputy Assistant Secretary for Antidumping
be the rate established in the final and Countervailing Duty Operations, material injury to, the domestic industry
results of this administrative review; (2) performing the non-exclusive functions and producing aluminum wire and cable in
for merchandise exported by producers duties of the Assistant Secretary for the United States. Consistent with
or exporters not covered in this Enforcement and Compliance. section 732(b)(1) of the Act, the Petition
administrative review but covered in a [FR Doc. 2018–22575 Filed 10–17–18; 8:45 am] is accompanied by information
prior segment of the proceeding, the BILLING CODE 3510–DS–P reasonably available to the petitioners
cash deposit rate will continue to be the supporting their allegation.
company-specific rate published for the Commerce finds that the petitioners
most recently completed segment of this DEPARTMENT OF COMMERCE filed the Petition on behalf of the
proceeding; (3) if the exporter is not a domestic industry because the
firm covered in this review, a prior International Trade Administration petitioners are interested parties as
review, or the original investigation, but [A–570–095] defined in section 771(9)(C) of the Act.
the producer is, the cash deposit rate Commerce also finds that the petitioners
will be the rate established for the most Aluminum Wire and Cable From the demonstrated sufficient industry
recently completed segment of this People’s Republic of China: Initiation support with respect to the initiation of
proceeding for the producer of the of Less-Than-Fair-Value Investigation the requested AD investigation.4
subject merchandise; and (4) the cash
deposit rate for all other manufacturers AGENCY: Enforcement and Compliance, Period of Investigation
or exporters will continue to be 7.80 International Trade Administration, Because China is a non-market
percent, the all-others rate established Department of Commerce. economy (NME) country, pursuant to 19
in the investigation.7 These cash deposit DATES: Applicable October 11, 2018. CFR 351.204(b)(1), the period of
requirements, when imposed, shall FOR FURTHER INFORMATION CONTACT: investigation (POI) is January 1, 2018,
remain in effect until further notice. Kathryn Turlo at (202) 482–3870 or through June 30, 2018.
Notification to Importers Mark Hoadley at (202) 482–3148; AD/
1 See letter from the petitioners, ‘‘Aluminum Wire
CVD Operations, Enforcement and
This notice also serves as a final Compliance, International Trade and Cable from China: Antidumping and
reminder to importers of their Countervailing Duty Petitions,’’ dated September
Administration, U.S. Department of 21, 2018 (the Petition).
responsibility under 19 CFR Commerce, 1401 Constitution Avenue 2 See letters from Commerce, ‘‘Petition for the
351.402(f)(2) to file a certificate NW, Washington, DC, 20230. Imposition of Antidumping Duties on Imports of
regarding the reimbursement of Aluminum Wire and Cable from the People’s
SUPPLEMENTARY INFORMATION: Republic of China: Supplemental Questions,’’ dated
antidumping duties prior to liquidation
September 25, 2018 (AD Supplemental
of the relevant entries during this POR. The Petition Questionnaire), and ‘‘Petitions for the Imposition of
Failure to comply with this requirement On September 21, 2018, the U.S. Antidumping and Countervailing Duties on Imports
could result in the Secretary’s Department of Commerce (Commerce) of Aluminum Wire and Cable from the People’s
khammond on DSK30JT082PROD with NOTICES
presumption that reimbursement of Republic of China: Supplemental Questions,’’ dated
received an antidumping duty (AD) September 26, 2018 (General Issues Supplemental
antidumping and/or countervailing petition concerning imports of Questionnaire).
duties occurred and the subsequent aluminum wire and cable from the 3 See letter from the petitioners, ‘‘Aluminum Wire
People’s Republic of China (China), and Cable from China: Amendment of Petitions and
7 See Certain Uncoated Paper from Portugal: Response to Commerce’s Supplemental Questions’’
Final Determination of Sales at Less than Fair
filed in proper form on behalf of Encore dated September 28, 2018 (Petition Supplement).
Value and Final Negative Determination of Critical Wire Corporation (Encore) and 4 See the ‘‘Determination of Industry Support for
Circumstances, 81 FR 3105 (January 20, 2016). Southwire Company, LLC (the the Petition’’ section, infra.
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![Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 52815
attempt to provide a copy of the public request will be considered untimely if it Dated: October 11, 2018.
version of the Petition to each exporter is filed after the expiration of the time Gary Taverman,
named in the Petition, as provided limit established under 19 CFR 351.301. Deputy Assistant Secretary for Antidumping
under 19 CFR 351.203(c)(2). For submissions that are due from and Countervailing Duty Operations,
multiple parties simultaneously, an performing the non-exclusive functions and
ITC Notification duties of the Assistant Secretary for
extension request will be considered
We will notify the ITC of our untimely if it is filed after 10:00 a.m. ET Enforcement and Compliance.
initiation, as required by section 732(d) on the due date. Under certain Appendix I
of the Act. circumstances, we may elect to specify
Scope of the Investigation
Preliminary Determination by the ITC a different time limit by which
extension requests will be considered The scope of the investigation covers
The ITC will preliminarily determine, untimely for submissions which are due aluminum wire and cable, which is defined
within 45 days after the date on which as an assembly of one or more electrical
from multiple parties simultaneously. In
the Petition was filed, whether there is conductors made from 8000 Series
such a case, we will inform parties in a Aluminum Alloys (defined in accordance
a reasonable indication that imports of letter or memorandum of the deadline with ASTM B800), Aluminum Alloy 1350
aluminum wire and cable from China (including a specified time) by which (defined in accordance with ASTM B230/
are materially injuring or threatening extension requests must be filed to be B230M or B609/B609M), and/or Aluminum
material injury to a U.S. industry.42 A considered timely. An extension request Alloy 6201 (defined in accordance with
negative ITC determination will result must be made in a separate, stand-alone ASTM B398/B398M), provided that: (1) At
in the investigation being terminated.43 submission; under limited least one of the electrical conductors is
Otherwise, the investigation will circumstances we will grant untimely- insulated; (2) each insulated electrical
proceed according to statutory and conductor has a voltage rating greater than 80
filed requests for the extension of time
regulatory time limits. volts and not exceeding 1000 volts; and (3)
limits. Parties should review Extension at least one electrical conductor is stranded
Submission of Factual Information of Time Limits; Final Rule, 78 FR 57790 and has a size not less than 16.5 thousand
(September 20, 2013), available at circular mil (kcmil) and not greater than 1000
Factual information is defined in 19 http://www.gpo.gov/fdsys/pkg/FR-2013- kcmil. The assembly may: (1) Include a
CFR 351.102(b)(21) as: (i) Evidence 09-20/html/2013-22853.htm, prior to grounding or neutral conductor; (2) be clad
submitted in response to questionnaires; submitting factual information in this with aluminum, steel, or other base metal; or
(ii) evidence submitted in support of investigation. (3) include a steel support center wire, one
allegations; (iii) publicly available or more connectors, a tape shield, a jacket or
information to value factors under 19 Certification Requirements other covering, and/or filler materials.
CFR 351.408(c) or to measure the Most aluminum wire and cable products
Any party submitting factual conform to National Electrical Code (NEC)
adequacy of remuneration under 19 CFR information in an AD or CVD types THHN, THWN, THWN–2, XHHW–2,
351.511(a)(2); (iv) evidence placed on proceeding must certify to the accuracy USE, USE–2, RHH, RHW, or RHW–2, and
the record by Commerce; and (v) and completeness of that information.46 also conform to Underwriters Laboratories
evidence other than factual information Parties must use the certification (UL) standards UL–44, UL–83, UL–758, UL–
described in (i)–(iv). Section 351.301(b) formats provided in 19 CFR 854, UL–1063, UL–1277, UL–1569, UL–1581,
of Commerce’s regulations requires any 351.303(g).47 Commerce intends to or UL–4703, but such conformity is not
party, when submitting factual reject factual submissions if the
required for the merchandise to be included
information, to specify under which within the scope.
submitting party does not comply with The scope of the investigation specifically
subsection of 19 CFR 351.102(b)(21) the the applicable certification
information is being submitted 44 and, if excludes conductors that are included in
requirements. equipment already assembled at the time of
the information is submitted to rebut, importation. Also excluded are aluminum
clarify, or correct factual information Notification to Interested Parties wire and cable products in actual lengths less
already on the record, to provide an than six feet.
Interested parties must submit
explanation identifying the information The merchandise covered by the
applications for disclosure under APO
already on the record that the factual investigation is currently classifiable under
in accordance with 19 CFR 351.305. On
information seeks to rebut, clarify, or subheading 8544.49.9000 of the Harmonized
January 22, 2008, Commerce published Tariff Schedule of the United States
correct.45 Time limits for the
Antidumping and Countervailing Duty (HTSUS). Products subject to the scope may
submission of factual information are
Proceedings: Documents Submission also enter under HTSUS subheading
addressed in 19 CFR 351.301, which
Procedures; APO Procedures, 73 FR 8544.42.9090. The HTSUS subheadings are
provides specific time limits based on
3634 (January 22, 2008). Parties wishing provided for convenience and customs
the type of factual information being purposes. The written description of the
to participate in this investigation
submitted. Interested parties should scope of the investigation is dispositive.
should ensure that they meet the
review the regulations prior to
requirements of these procedures (e.g., [FR Doc. 2018–22656 Filed 10–17–18; 8:45 am]
submitting factual information in this
the filing of letters of appearance as BILLING CODE 3510–DS–P
investigation.
discussed at 19 CFR 351.103(d)).
Extensions of Time Limits This notice is issued and published
pursuant to sections 732(c)(2) and 777(i) DEPARTMENT OF COMMERCE
Parties may request an extension of
time limits before the expiration of a of the Act, and 19 CFR 351.203(c).
National Institute of Standards and
khammond on DSK30JT082PROD with NOTICES
time limit established under 19 CFR Technology
351.301, or as otherwise specified by the 46 See section 782(b) of the Act.
47 See also Certification of Factual Information to
Secretary. In general, an extension Open Meeting of the Information
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July Security and Privacy Advisory Board
42 See section 733(a) of the Act. 17, 2013) (Final Rule). Answers to frequently asked
43 Id.
questions regarding the Final Rule are available at
AGENCY: National Institute of Standards
44 See 19 CFR 351.301(b). http://enforcement.trade.gov/tlei/notices/factual_ and Technology, Department of
45 See 19 CFR 351.301(b)(2). info_final_rule_FAQ_07172013.pdf. Commerce.
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Document Created: 2018-10-18 03:05:31
Document Modified: 2018-10-18 03:05:31
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 11, 2018. | |
| Contact | Kathryn Turlo at (202) 482-3870 or | |
| FR Citation | 83 FR 52811 |
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