Aluminum Wire and Cable From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 52811-52815 [2018-22656]
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Navigator for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the notice of final results
of administrative review for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Navigator will
be the rate established in the final
results of this administrative review; (2)
for merchandise exported by producers
or exporters not covered in this
administrative review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, a prior
review, or the original investigation, but
the producer is, the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 7.80
percent, the all-others rate established
in the investigation.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
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Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this POR.
Failure to comply with this requirement
could result in the Secretary’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
7 See Certain Uncoated Paper from Portugal:
Final Determination of Sales at Less than Fair
Value and Final Negative Determination of Critical
Circumstances, 81 FR 3105 (January 20, 2016).
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assessment of doubled antidumping
duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return/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
sanctionable violation.
We are issuing and publishing this
notice in accordance with section 735(e)
of the Act and 19 CFR 351.224(e) and
(f).
Dated: October 9, 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.
[FR Doc. 2018–22575 Filed 10–17–18; 8:45 am]
BILLING CODE 3510–DS–P
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
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:
AGENCY:
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
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52811
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.
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
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
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.
1 See letter from the petitioners, ‘‘Aluminum Wire
and Cable from China: Antidumping and
Countervailing Duty Petitions,’’ dated September
21, 2018 (the Petition).
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).
4 See the ‘‘Determination of Industry Support for
the Petition’’ section, infra.
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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
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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.
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
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
5 See Petition Supplement, at 7–8 and Exhibit I
(Revised Scope).
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).
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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.
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
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.
10 See 19 CFR 351.303(b).
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the record of the China LTFV
investigation.
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
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
11 See
section 771(10) of the Act.
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)).
12 See
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‘‘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
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
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
13 See
Volume I of the Petition, at 87–89.
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.
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.
18 See China AD Initiation Checklist, at
Attachment II.
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14 For
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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.
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
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
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
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.
22 Id.
23 See Volume I of the Petition, at 90–91 and
Exhibit GEN–19.
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52813
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
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
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
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).
26 See Volume I of the Petition, at 20–23 and
Exhibit GEN–13; see also Petition Supplement, at
Exhibit D.
27 Id.
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).
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surrogate market economy country, in
accordance with section 773(c) of the
Act.29
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
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
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
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29 See
China AD Initiation Checklist, at 8–9.
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.
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.
37 See Petition Supplement, at 7 and Exhibit G.
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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 https://
www.trade.gov/enforcement/news.asp.
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
38 See
Volume I of the Petition, at 24; see also
Volume II of the Petition, at Exhibits GEN–16 and
GEN–20.
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
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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 https://enforcement.trade.gov/
nme/nme-sep-rate.html. The separaterate 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.
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}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
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
https://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.
41 See Policy Bulletin 05.1 at 6 (emphasis added).
E:\FR\FM\18OCN1.SGM
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
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.
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.
khammond on DSK30JT082PROD with NOTICES
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
42 See
section 733(a) of the Act.
43 Id.
44 See
19 CFR 351.301(b).
45 See 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
17:28 Oct 17, 2018
Jkt 247001
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 untimelyfiled requests for the extension of time
limits. Parties should review Extension
of Time Limits; Final Rule, 78 FR 57790
(September 20, 2013), available at
https://www.gpo.gov/fdsys/pkg/FR-201309-20/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.
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).
46 See
section 782(b) of the Act.
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
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
47 See
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
52815
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
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Information
Security and Privacy Advisory Board
National Institute of Standards
and Technology, Department of
Commerce.
AGENCY:
E:\FR\FM\18OCN1.SGM
18OCN1
]]>Agencies
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52811-52815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22656]
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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\
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\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\
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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)).
---------------------------------------------------------------------------
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\
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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 AD 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
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.
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\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\
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\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\
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\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\
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\37\ See Petition Supplement, at 7 and Exhibit G.
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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 https://www.trade.gov/enforcement/news.asp.
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\38\ See Volume I of the Petition, at 24; see also Volume II of
the Petition, at Exhibits GEN-16 and GEN-20.
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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 https://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.
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\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
https://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.
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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\
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\41\ See Policy Bulletin 05.1 at 6 (emphasis added).
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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.
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\42\ See section 733(a) of the Act.
\43\ Id.
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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). 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.
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\44\ See 19 CFR 351.301(b).
\45\ 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 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 https://www.gpo.gov/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.
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\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
https://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 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
