[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70496-70498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27641]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095, C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty
[[Page 70497]]
(AD) and countervailing duty (CVD) orders on imports of aluminum wire
and cable from the People's Republic of China (China).
DATES: Applicable December 23, 2019.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or Caitlin Monks at (202)
482-0196 and (202) 482-2670, respectively, AD/CVD Operations, Office
VII, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on October 30, 2019, Commerce published its
affirmative final determination in the less-than-fair-value (LTFV)
investigation of aluminum wire and cable from China, and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of aluminum wire and cable
from China.\1\ On December 16, 2019, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of aluminum wire and cable from China, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
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\1\ See Aluminum Wire and Cable from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value, 84 FR 58134 (October 30, 2019) (AD Final Determination); see
also Aluminum Wire and Cable from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 84 FR 58137
(October 30, 2019) (CVD Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated December 16, 2019 (ITC Notification); see
also Aluminum Wire and Cable from China, Inv. No. 701-TA-611 and
731-TA-1428 (USITC Publication 5001).
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Scope of the Orders
The products covered by these orders are aluminum wire and cable
from China. For a complete description of the scope of the orders, see
the Appendix to this notice.
AD Order
As stated above, on December 16, 2019, in accordance with section
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of
aluminum wire and cable from China that are sold in the United States
at LTFV. Therefore, in accordance with section 735(c)(2) of the Act, we
are issuing this AD order. Because the ITC determined that imports of
aluminum wire and cable from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of aluminum wire and cable from China. Antidumping
duties will be assessed on unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
on or after June 5, 2019, the date of publication of the AD Preliminary
Determination,\3\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
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\3\ See Aluminum Wire and Cable from the People's Republic of
China: Affirmative Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 84 FR 26069
(June 5, 2019) (AD Preliminary Determination).
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Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue the suspension of liquidation on entries of aluminum wire and
cable from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amounts indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit equal to the exporter/producer-specific estimated
weighted-average dumping margins listed below. As stated in the AD
Final Determination, Commerce made certain adjustments for export
subsidies from the CVD Final Determination to the estimated weighted-
average dumping margins to determine each of the cash deposit rates.
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Estimated Cash deposit
weighted - rate
average (adjusted for
Exporter Producer dumping subsidy
margin offsets)
(percent) (percent)
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Changfeng Wire & Cable Co., Ltd............... Changfeng Wire & Cable Co., Ltd. 58.51 47.83
Wuxi Jiangnan Cable Co., Ltd.................. Wuxi Jiangnan Cable Co., Ltd.... 58.51 47.83
China-wide entity............................. ................................ 63.47 52.79
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Provisional Measures--AD
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of aluminum wire and cable from China, Commerce extended the four-month
period to six months in this proceeding.\4\ In the underlying
investigation, Commerce published the AD Preliminary Determination on
June 5, 2019. Therefore, the extended period, beginning on the date of
publication of the AD Preliminary Determination, ended on December 1,
2019. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
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\4\ Id.
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Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to
[[Page 70498]]
terminate the suspension of liquidation and to liquidate, without
regard to antidumping duties, unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
after December 1, 2019, the date on which the provisional measures
expired, until and through the day preceding the date of publication of
the ITC's final injury determination in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final determination in the Federal Register.
CVD Order
As stated above, on December 16, 2019, in accordance with section
705(d) of the Act, the ITC notified Commerce of its final determination
that the industry in the United States producing aluminum wire and
cable is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of subsidized imports of aluminum
wire and cable from China.\5\ Therefore, in accordance with section
705(c)(2) of the Act, we are issuing this CVD order.
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\5\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after April 8, 2019, the date on which
Commerce published the CVD Preliminary Determination \6\ and before
August 6, 2019, the effective date on which Commerce instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than 120 days. Therefore, entries of subject
merchandise from China made on or after August 6, 2019, and prior to
the date of publication of the ITC's final determination in the Federal
Register, are not subject to the assessment of countervailing duties
due to Commerce's discontinuation of the suspension of liquidation.
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\6\ See Aluminum Wire and Cable from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination with Final Antidumping Duty
Determination, 84 FR 13886 (April 8, 2019) (CVD Preliminary
Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of aluminum
wire and cable in an amount based on the net countervailable subsidy
rates for the subject merchandise. On or after the date of publication
of the ITC's final injury determination in the Federal Register,
Commerce will instruct CBP to require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\7\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Subsidy rate
Producer/exporter (percent)
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Shanghai Silin Special Equipment Co., Ltd \8\........... 165.63
Changfeng Wire & Cable Co., Ltd......................... 33.44
Shanghai Yang Pu Qu Gong................................ 165.63
All Others.............................................. 33.44
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the affirmative
Preliminary Determination on April 8, 2019. Therefore, the four-month
period beginning on the date of the publication of the Preliminary
Determination ended on August 5, 2019.
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\8\ As discussed in the Preliminary Determination PDM, Commerce
has also assigned Silin's rate to the entity named as cross-owned in
its affiliation questionnaire response: Jiangxi Silin International
Cable Co., Ltd.
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In accordance with section 733(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to CVD duties, unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
on or after August 6, 2019, the date on which the provisional CVD
measures expired, through the day preceding the date of publication of
the ITC final injury determinations in the Federal Register. Suspension
of liquidation will resume on the date of publication of the ITC final
injury determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
aluminum wire and cable from China pursuant to sections 706(a) and
736(a) of the Act. Interested parties can find a list of orders
currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of these orders 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 orders specifically excludes aluminum wire and
cable products in lengths less than six feet, whether or not
included in equipment already assembled at the time of importation.
The merchandise covered by the orders 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 orders is dispositive.
[FR Doc. 2019-27641 Filed 12-20-19; 8:45 am]
BILLING CODE 3510-DS-P