Aluminum Wire and Cable From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 52811-52815 [2018-22656]

Download as PDF 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of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the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. khammond on DSK30JT082PROD with NOTICES 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). VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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. E:\FR\FM\18OCN1.SGM 18OCN1 52812 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 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 khammond on DSK30JT082PROD with NOTICES 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). VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 E:\FR\FM\18OCN1.SGM 18OCN1 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices ‘‘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. khammond on DSK30JT082PROD with NOTICES 14 For VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 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. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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). E:\FR\FM\18OCN1.SGM 18OCN1 52814 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices 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 khammond on DSK30JT082PROD with NOTICES 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. VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 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 18OCN1 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.

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

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

September 21, 2018 (the Petition).

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    On September 25 and 26, 2018, Commerce requested supplemental 

information pertaining to certain aspects of the Petition in two 

separate supplemental questionnaires, one dealing with general issues 

with the Petition and the other with issues related to Volume 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\

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    \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).

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    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\

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

Petition'' section, infra.

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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.

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    \5\ See Petition Supplement, at 7-8 and Exhibit I (Revised 

Scope).

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    As discussed in the Preamble to Commerce's regulations, we are 

setting aside a period for interested parties to raise issues regarding 

product coverage (scope).\6\ Commerce will consider all comments 

received from interested parties and, if necessary, will consult with 

interested parties prior to the issuance of the preliminary 

determination. If scope comments include factual information,\7\ all 

such factual information should be limited to public information. To 

facilitate preparation of its questionnaires, Commerce requests that 

all interested parties submit 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).

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    Commerce requests that any factual information parties consider 

relevant to the scope of the investigation be submitted during this 

period. However, if a party subsequently finds that additional factual 

information pertaining to the scope of the investigation may be 

relevant, the party may contact Commerce and request permission to 

submit the additional information. All such submissions must be filed 

on the records of the concurrent AD and CVD investigations.



Filing Requirements



    All submissions to Commerce must be filed electronically using 

Enforcement and Compliance's Antidumping Duty and Countervailing Duty 

Centralized Electronic Service System (ACCESS).\9\ An electronically 

filed document must be received successfully in its entirety by the 

time and date it is due. Documents exempted from the electronic 

submission requirements must be filed manually (i.e., in paper form) 

with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 

Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 

20230, and stamped with the date and time of receipt by the applicable 

deadlines.

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    \9\ See Antidumping and Countervailing Duty Proceedings: 

Electronic Filing Procedures; Administrative Protective Order 

Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System Name, 79 FR 69046 

(November 20, 2014) for details of Commerce's electronic filing 

requirements, 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.

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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.

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    \10\ See 19 CFR 351.303(b).

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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)).

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    Section 771(10) of the Act defines the domestic like product as ``a 

product which is like, or in the absence of like, most similar in 

characteristics and uses with, the article subject to an investigation 

under this title.'' Thus, the reference point from which the domestic 

like product analysis begins is



[[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\

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    \13\ See Volume I of the Petition, at 87-89.

    \14\ For a discussion of the domestic like product analysis as 

applied to this case and information regarding industry support, see 

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.

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    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.

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    Commerce finds that the petitioners filed the Petition on behalf of 

the domestic industry because they are interested parties as defined in 

section 771(9)(C) of the Act, and they have demonstrated sufficient 

industry support with respect to the AD investigation that they are 

requesting that Commerce initiate.\22\

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    \22\ Id.

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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\

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

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    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\

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    \24\ Id. at 85-86, 90-101 and Exhibits GEN-16, GEN-19 and GEN-26 

through GEN-29; see also Petition Supplement, at 11-14 and Exhibit 

L.

    \25\ See China 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).

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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\

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    \26\ See Volume I of the Petition, at 20-23 and Exhibit GEN-13; 

see also Petition Supplement, at Exhibit D.

    \27\ Id.

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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.

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    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.

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    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\

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    \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.

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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