[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Notices]
[Pages 58134-58136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23612]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095]
Aluminum Wire and Cable From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that aluminum
wire and cable from the People's Republic of China (China) is being, or
is likely to be, sold in the United States at less than fair value
(LTFV).
DATES: Applicable October 30, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Kathryn Turlo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148 or (202) 482-3870,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The petitioners in this investigation are Encore Wire Corporation
(Encore) and Southwire Company, LLC (Southwire) (collectively, the
petitioners). The mandatory respondents in this investigation are Hebei
Huatong Wires and Cables Group Co., Ltd. (Huatong) and Shanghai Silin
Special Equipment Co., Ltd. (Silin). On June 5, 2019, Commerce
published its Preliminary Determination for this investigation and
invited interested parties to comment.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination may be
found in the Issues and Decision Memorandum.\2\ The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at http://access.trade.gov and it is available to all
parties in the Central Records Unit, Room B8024 of the main Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version are identical in content.
---------------------------------------------------------------------------
\1\ 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) (Preliminary Determination), and accompany
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less Than Fair Value Investigation of
Aluminum Wire and Cable from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2018 through June 30,
2018.
Scope of the Investigation
The products covered by this investigation are aluminum wire and
cable from China. For a full description of the scope of this
investigation, see ``Scope of the Investigation,'' at Appendix I.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation, Commerce received scope
comments from interested parties. In our Preliminary Determination, we
explained that certain interested parties had commented on the scope of
the investigation and that Commerce had preliminarily modified the
scope.\3\ We received no additional scope comments; therefore, the
scope remains unchanged from that which appeared in the Preliminary
Determination.
---------------------------------------------------------------------------
\3\ See Preliminary Determination PDM at 5-7.
---------------------------------------------------------------------------
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce, and Commerce found in the
Preliminary Determination that each of the mandatory respondents have
been uncooperative, verification was not conducted.
Analysis of Comments Received
In response to our invitation to comment on the Preliminary
Determination, interested parties submitted case and rebuttal briefs to
Commerce. All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made no changes
to the Preliminary Determination. For a discussion of the comments
received, see the Issues and Decision Memorandum.
China-Wide Entity
For the reasons explained in the Issues and Decision Memorandum, we
are continuing to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), is appropriate, and we are determining an estimated
weighted-average dumping margin based entirely on AFA for the China-
wide entity. Further, Commerce continues to consider the mandatory
respondents, Huatong and Silin, to be a part of the China-wide entity.
We continue to find that the China-wide entity, which also includes
companies that failed to establish their eligibility for separate rate
status as well as other Chinese exporters or producers that did not
respond to Commerce's quantity and value questionnaire, withheld
requested information, significantly impeded the proceeding, and failed
to cooperate to the best of their abilities, and thus we are continuing
to base the final determination for the China-wide entity on AFA. See
the Issues and Decision Memorandum for a full discussion of this issue.
Adverse Facts Available
In selecting the estimated weighted-average dumping margin based on
AFA for the China-wide entity, Commerce's practice is to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully
[[Page 58135]]
cooperated.\4\ Specifically, it is Commerce's practice to select, as an
AFA rate, the higher of: (a) the highest dumping margin alleged in the
petition; or, (b) the highest calculated dumping margin of any
respondent in the investigation. As AFA, Commerce has determined an
estimated weighted-average dumping margin for the China-wide entity of
63.47 percent. See the Issues and Decision Memorandum for a full
discussion of this issue.
---------------------------------------------------------------------------
\4\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl cellulose from Finland, 69 FR 77216, 77219
(December 27, 2004), unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from
Finland, 70 FR 28279, 28279 (May 17, 2005).
---------------------------------------------------------------------------
Separate Rates
Certain parties commented on our decision in the Preliminary
Determination to deny separate rate status to Huatong; however, we are
continuing to deny separate rate status in this final determination.
See the Issues and Decision Memorandum for a full discussion of this
issue. Commerce also continues to find that Silin has not established
its eligibility for a separate rate. No parties commented on our
decision in the Preliminary Determination to grant separate rate status
to Changfeng Wire & Cable Co., Ltd. (Changfeng) and Wuxi Jiangnan Cable
Co. Ltd. (Wuxi Jiangnan). We therefore continue to grant separate rate
status to these companies.
Combination Rates
We have continued to calculate producer/exporter combination rates
for the respondents that are eligible for a separate rate. Policy
Bulletin 05.1 describes this practice.\5\
---------------------------------------------------------------------------
\5\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (Policy Bulletin 05.1), available on Commerce's
website at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
----------------------------------------------------------------------------------------------------------------
Estimated
Estimated weighted- average
weighted- average dumping margin
Exporter Producer dumping margin adjusted for
(percent) export subsidies
(percent)
----------------------------------------------------------------------------------------------------------------
Changfeng Wire & Cable Co., Ltd............ Changfeng Wire & Cable Co., 58.51 47.83
Ltd.
Wuxi Jiangnan Cable Co., Ltd............... Wuxi Jiangnan Cable Co., Ltd. 58.51 47.83
China-wide entity *........................ 63.47 52.79
----------------------------------------------------------------------------------------------------------------
* Includes the mandatory respondents, Huatong and Silin.
Disclosure
We will disclose the calculations performed within five days of
public announcement of this notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of aluminum wire and cable from China, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after June 5, 2019, the date of
publication in the Federal Register of the affirmative Preliminary
Determination. Further, pursuant to section 735(c)(1)(B)(ii) of the Act
and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash
deposit for estimated antidumping duties for such entries as follows:
(1) for the exporter/producer combinations listed in the table above,
the cash deposit rate is equal to the estimated weighted-average
dumping margin, adjusted for export and/or domestic subsidies as
appropriate, listed for that combination in the table; (2) for all
combinations of Chinese exporters/producers not listed in the above
table, the cash deposit rate is equal to the estimated weighted-average
dumping margin, adjusted for export and/or domestic subsidies as
appropriate, listed in the table for the China-wide entity; and (3) for
all non-Chinese exporters not listed in the table above, the cash
deposit rate is equal to the cash deposit rate applicable to the
Chinese exporter/producer combination (or the China-wide entity) that
supplied that non-Chinese exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
We have made an affirmative final determination for export subsidies in
the companion CVD investigation. However, suspension of liquidation for
provisional measures in the companion CVD case has been discontinued;
therefore, we are not instructing CBP to collect cash deposits based
upon the adjusted estimated weighted-average dumping margin for those
subsidies at this time.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of aluminum wire and cable from
China no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated, and all cash deposits will be
refunded. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
[[Page 58136]]
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Importers
This notice also serves as an initial reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: October 18, 2019.
Carole Showers,
Executive Director, Office of Policy, Policy & Negotiations,
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 1,000 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 1,000 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 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 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Adjustments to Cash Deposit Rates for Export Subsidies
VII. Adjustment Under Section 777A(f) of the Act
VIII. China-Wide Entity and Use of Facts Otherwise Available and
Adverse Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Application of Total AFA to Huatong
Comment 3: Huatong's Eligibility for a Separate Rate
Comment 4: Application of Total AFA to Silin
Comment 5: Offset of Countervailable Benefits for Aluminum Rod
X. Recommendation
[FR Doc. 2019-23612 Filed 10-29-19; 8:45 am]
BILLING CODE 3510-DS-P