Aluminum Wire and Cable From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 13886-13888 [2019-06856]

Download as PDF 13886 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 18’s 2,000-acre activation limit. Dated: April 2, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–06859 Filed 4–5–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–67–2018] Foreign-Trade Zone (FTZ) 158— Jackson, Mississippi; Authorization of Production Activity; Calsonic Kansei North America (Automotive Parts), Canton, Mississippi On October 25, 2018, Calsonic Kansei North America submitted a notification of proposed production activity to the FTZ Board for its facility within Site 21 of FTZ 158, in Canton, Mississippi. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (83 FR 55142–55143, November 2, 2018). On April 3, 2019, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: April 3, 2019. Andrew McGilvray, Executive Secretary. [FR Doc. 2019–06858 Filed 4–5–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–096] Aluminum Wire and Cable From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and/or exporters subject to this investigation received countervailable subsidies. Interested jbell on DSK30RV082PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:45 Apr 05, 2019 Jkt 247001 parties are invited to comment on this preliminary determination. DATES: Applicable April 8, 2019. FOR FURTHER INFORMATION CONTACT: Caitlin Monks, Celeste Chen, or Preston Cox, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 202–482–2670, 202–242–0890, or 202–482–5041, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on October 18, 2018.1 On November 27, 2018, Commerce postponed the preliminary determination of this investigation, and reset the deadline to February 19, 2019.2 Subsequently, Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.3 Accordingly, the revised deadline for the preliminary determination decision is now April 1, 2019. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System 1 See Aluminum Wire and Cable from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 83 FR 52805 (October 18, 2018) (Initiation Notice). 2 See Aluminum Wire and Cable from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 83 FR 60822 (November 27, 2018). 3 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Aluminum Wire and and Cable from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The products covered by this investigation are aluminum wire and cable. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice, as well as to certain questions posed by Commerce with regard to the scope language. For a summary of the product coverage comments submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Decision Memorandum. Commerce is preliminarily modifying the scope language as it appeared in the Initiation Notice. See revised scope in Appendix I. Period of Investigation The period of investigation is January 1, 2017, through December 31, 2017. Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that confers a benefit on the recipient, and that the subsidy is specific.7 For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. In making these findings, Commerce relied, in part, on facts available. 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices Further, because one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, an adverse inference was drawn, where appropriate, in selecting from among the facts otherwise available.8 For further information, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), and based on the petitioner’s request,9 we are aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of aluminum wire and cable from China. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than August 12, 2019, unless postponed. All-Others Rate Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce calculated individual estimated countervailable subsidy rates for Shanghai Silin Special Equipment Co., Ltd. (Silin), and Changfeng Wire & Cable Co., Ltd. (Changfeng) that are not zero, de minimis, or based entirely on the facts otherwise available. Commerce calculated the all-others’ rate using a simple average of the individual estimated subsidy rates calculated for the examined respondents.10 jbell on DSK30RV082PROD with NOTICES 8 See sections 776(a) and (b) of the Act. 9 See Letter from the petitioners, ‘‘Aluminum Wire and Cable from China: Petitioners’ Request for Alignment of the Final Countervailing Duty and Antidumping Duty Final Determinations,’’ dated March 11, 2019. 10 With two respondents under examination, Commerce normally calculates (A) a weightedaverage of the estimated subsidy rates calculated for the examined respondents; (B) a simple average of the estimated subsidy rates calculated for the examined respondents; and (C) a weighted-average of the estimated subsidy rates calculated for the examined respondents using each company’s publicly-ranged U.S. sale quantities for the merchandise under consideration. Commerce then compares (B) and (C) to (A) and selects the rate VerDate Sep<11>2014 17:45 Apr 05, 2019 Jkt 247001 13887 Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and Subsidy rate (d)(2), parties who submit case briefs or Producer/exporter (percent) rebuttal briefs in this investigation are encouraged to submit with each Shanghai Silin Special 11 Equipment Co., Ltd. ....... 15.77 argument: (1) A statement of the issue; (2) a brief summary of the argument; Changfeng Wire & Cable Co., Ltd ............................. 11.57 and (3) a table of authorities. Shanghai Yang Pu Qu Gong 164.16 Pursuant to 19 CFR 351.310(c), All-Others .............................. 13.67 interested parties who wish to request a hearing, limited to issues raised in the Suspension of Liquidation case and rebuttal briefs, must submit a In accordance with section written request to the Assistant 703(d)(1)(B) and (d)(2) of the Act, Secretary for Enforcement and Commerce will direct U.S. Customs and Compliance, U.S. Department of Border Protection (CBP) to suspend Commerce within 30 days after the date liquidation of entries of subject of publication of this notice. Requests merchandise as described in the scope should contain the party’s name, of the investigation section entered, or address, and telephone number, the withdrawn from warehouse, for number of participants, whether any consumption on or after the date of publication of this notice in the Federal participant is a foreign national, and a list of the issues to be discussed. If a Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP request for a hearing is made, Commerce intends to hold the hearing at the U.S. to require a cash deposit equal to the rates indicated above. Department of Commerce, 1401 Constitution Avenue NW, Washington, Disclosure DC 20230, at a time and date to be Commerce intends to disclose its determined. Parties should confirm by calculations and analysis performed to telephone the date, time, and location of interested parties in this preliminary the hearing two days before the determination within five days of its scheduled date. public announcement, or if there is no Parties are reminded that briefs and public announcement, within five days hearing requests are to be filed of the date of this notice in accordance electronically using ACCESS and that with 19 CFR 351.224(b). electronically filed documents must be Verification received successfully in their entirety by As provided in section 782(i)(1) of the 5 p.m. Eastern Time on the due date. Act, Commerce intends to verify the International Trade Commission information relied upon in making its Notification final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this closest to (A) as the most appropriate rate for all other producers and exporters. See, e.g., Ball Bearings and Parts Thereof from France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). Because complete publicly ranged sales data was not available, Commerce could not follow its normal methodology. Therefore, we used a simple average of the estimated subsidy rates calculated for the examined respondents. 11 As discussed in the Preliminary Decision Memorandum, Commerce has assigned Silin’s rate to each of the entities named as cross-owned in its affiliation questionnaire response: Jiangxi Silin International Cable Co., Ltd. PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 In accordance with section 703(f) of the Act, Commerce will notify the International Trade Commission (ITC) of its determination. If Commerce’s final determination is affirmative, the ITC will make its final determination before the later of 120 days after the date of this preliminary determination or 45 days after Commerce’s final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). 12 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). E:\FR\FM\08APN1.SGM 08APN1 13888 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices Dated: April 1, 2019. 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. XII. Analysis of Programs XIII. Calculation of the All-Others Rate XIV. ITC Notification XV. Verification XVI. Disclosure and Public Comment XVII. Conclusion Appendix I BILLING CODE 3510–DS–P 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 aluminum wire and cable products in lengths less than six feet, whether or not included in equipment already assembled at the time of importation. The merchandise covered by the investigation is currently classifiable under subheading 8544.49.9000 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to the scope may also enter under HTSUS subheading 8544.42.9090. The HTSUS subheadings are provided for convenience and customs purposes. The written description of the scope of the investigation is dispositive. jbell on DSK30RV082PROD with NOTICES Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Alignment VII. Application of the CVD Law to Imports from China VIII. Diversification of China’s Economy IX. Subsidies Valuation X. Benchmarks and Interest Rates XI. Use of Facts Otherwise Available and Adverse Inferences VerDate Sep<11>2014 17:45 Apr 05, 2019 Jkt 247001 [FR Doc. 2019–06856 Filed 4–5–19; 8:45 am] DEPARTMENT OF COMMERCE International Trade Administration [A–580–891; A–412–826] Carbon and Alloy Steel Wire Rod From the Republic of Korea and the United Kingdom: Notice of Final Results of Antidumping Duty Changed Circumstances Review Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is revoking, in part, the antidumping duty (AD) orders on carbon and alloy steel wire rod (wire rod) from the Republic of Korea (Korea) and the United Kingdom as to grade 1078 and higher tire cord wire rod. DATES: Applicable May 21, 2018. FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone 202–482–4682 or 202–482–4633. SUPPLEMENTARY INFORMATION: AGENCY: Background On May 21, 2018, Commerce published the AD orders on wire rod from Korea and the United Kingdom.1 On September 17, 2018, six members of the domestic industry, including the petitioners from the underlying investigations (Nucor Corporation, Optimus Steel LLC (formerly, Gerdau Ameristeel US Inc), Keystone Consolidates Industries, Inc., and Charter Steel) requested that Commerce initiate a changed circumstances review (CCR) to revoke, in part, the AD orders on wire rod from Korea and the United Kingdom as to grade 1078 and higher tire cord wire rod effective May 21, 2018.2 1 See Carbon and Alloy Steel Wire Rod from Italy, the Republic of Korea, Spain, the Republic of Turkey, and the United Kingdom: Antidumping Duty Orders and Amended Final Affirmative Antidumping Duty Determinations for Spain and the Republic of Turkey, 83 FR 23417 (May 21, 2018) (Orders). 2 See letter from domestic industry re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 On November 7, 2018, Commerce initiated this CCR and published the notice of preliminary results, determining that the producers accounting for substantially all of the production of the domestic like product to which the Orders pertain lacked interest in the relief provided by the Orders with respect to grade 1078 and higher tire cord wire rod.3 On December 21, 2018, Commerce solicited interested party comments on the appropriateness of end-use certifications as a condition of entry and solicited input from U.S. Customs and Border Protection (CBP).4 The parties to these proceedings submitted comments on January 29, 2019, and February 19, 2019.5 Subsequently, on March 20, 2019, we placed CBP’s input on the records of these proceedings.6 On March 25 and 27, 2019, the parties to these proceedings submitted timely comments regarding CBP’s input on end-use certifications.7 Korea and the United Kingdom: Petitioners’ Request for Changed Circumstances Review and Partial Revocation Request,’’ dated September 17, 2018. 3 See Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Initiation and Expedited Preliminary Results of Antidumping Duty Changed Circumstances Review, 83 FR 55694 (November 7, 2018) (Initiation and Preliminary Results). 4 See Commerce Letter, ‘‘Re: Antidumping Duty Changed Circumstances Reviews of Carbon and Alloy Steel Wire Rod from the Republic of Korea (Korea) and the United Kingdom,’’ dated December 21, 2018 (December 21, 2018, Solicitation of Comments Letter). 5 See letter from Bekaert Corporation, Kiswire America Inc., Kiswire Inc., Kiswire Pine Bluff, and Tokusen U.S.A., Inc. re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom, Changed Circumstances Reviews: Response to Request for Comments,’’ dated January 29, 2019; and letter from Nucor Corporation, Optimus Steel LLC, Keystone Consolidates Industries, Inc., and Charter Steel re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Comments on End-Use Certifications,’’ dated February 19, 2019. 6 See Memorandum to the file from Wendy J. Frankel, Director, Customs Liaison Unit, entitled, ‘‘Changed Circumstances Reviews of Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Discussion with U.S. Customs and Border Protection,’’ dated March 20, 2019. 7 See letter from Bekaert Corporation, Kiswire America Inc., Kiswire Inc., Kiswire Pine Bluff, and Tokusen U.S.A., Inc. re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom, Changed Circumstances Reviews: Response to Request for Comments,’’ dated March 25, 2019 (Interested Party Importer letter); letter from Nucor Corporation re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Comments CBP’s Recommendations Concerning End-Use Certifications,’’ dated March 27, 2019 (Nucor Letter); and letter from Optimus Steel LLC, Keystone Consolidates Industries, Inc., and Charter Steel re: ‘‘Carbon and Alloy Steel Wire Rod from the Republic of Korea and the United Kingdom: Comments on Input from CBP Regarding End-Use Certifications,’’ dated March 27, 2019 (Domestic Interested Party Letter). E:\FR\FM\08APN1.SGM 08APN1

Agencies

[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Notices]
[Pages 13886-13888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06856]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-096]


Aluminum Wire and Cable From the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and Alignment 
of Final Determination With Final Antidumping Duty Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that producers and/or exporters subject to this investigation received 
countervailable subsidies. Interested parties are invited to comment on 
this preliminary determination.

DATES: Applicable April 8, 2019.

FOR FURTHER INFORMATION CONTACT: Caitlin Monks, Celeste Chen, or 
Preston Cox, AD/CVD Operations, Office VII, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: 202-482-2670, 
202-242-0890, or 202-482-5041, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on October 18, 
2018.\1\ On November 27, 2018, Commerce postponed the preliminary 
determination of this investigation, and reset the deadline to February 
19, 2019.\2\ Subsequently, Commerce exercised its discretion to toll 
all deadlines affected by the partial federal government closure from 
December 22, 2018, through the resumption of operations on January 29, 
2019.\3\ Accordingly, the revised deadline for the preliminary 
determination decision is now April 1, 2019.
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    \1\ See Aluminum Wire and Cable from the People's Republic of 
China: Initiation of Countervailing Duty Investigation, 83 FR 52805 
(October 18, 2018) (Initiation Notice).
    \2\ See Aluminum Wire and Cable from the People's Republic of 
China: Postponement of Preliminary Determination in the 
Countervailing Duty Investigation, 83 FR 60822 (November 27, 2018).
    \3\ See Memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Countervailing Duty Investigation of Aluminum 
Wire and and Cable from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are aluminum wire and 
cable. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\6\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice, as well as to certain questions posed by 
Commerce with regard to the scope language. For a summary of the 
product coverage comments submitted to the record for this preliminary 
determination, and accompanying discussion and analysis of all comments 
timely received, see the Preliminary Decision Memorandum. Commerce is 
preliminarily modifying the scope language as it appeared in the 
Initiation Notice. See revised scope in Appendix I.
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    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
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Period of Investigation

    The period of investigation is January 1, 2017, through December 
31, 2017.

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that 
confers a benefit on the recipient, and that the subsidy is 
specific.\7\ For a full description of the methodology underlying our 
preliminary conclusions, see the Preliminary Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    In making these findings, Commerce relied, in part, on facts 
available.

[[Page 13887]]

Further, because one or more respondents did not act to the best of 
their ability to respond to Commerce's requests for information, an 
adverse inference was drawn, where appropriate, in selecting from among 
the facts otherwise available.\8\ For further information, see ``Use of 
Facts Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.
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    \8\ See sections 776(a) and (b) of the Act.
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Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), and based on the petitioner's request,\9\ we are 
aligning the final CVD determination in this investigation with the 
final determination in the companion AD investigation of aluminum wire 
and cable from China. Consequently, the final CVD determination will be 
issued on the same date as the final AD determination, which is 
currently scheduled to be issued no later than August 12, 2019, unless 
postponed.
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    \9\ See Letter from the petitioners, ``Aluminum Wire and Cable 
from China: Petitioners' Request for Alignment of the Final 
Countervailing Duty and Antidumping Duty Final Determinations,'' 
dated March 11, 2019.
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All-Others Rate

    Sections 703(d)(1)(A)(i) and 705(c)(5)(A) of the Act provide that 
in the preliminary determination, Commerce shall determine an estimated 
all-others rate for companies not individually examined. This rate 
shall be an amount equal to the weighted average of the estimated 
subsidy rates established for those companies individually examined, 
excluding any zero and de minimis rates and any rates based entirely 
under section 776 of the Act.
    In this investigation, Commerce calculated individual estimated 
countervailable subsidy rates for Shanghai Silin Special Equipment Co., 
Ltd. (Silin), and Changfeng Wire & Cable Co., Ltd. (Changfeng) that are 
not zero, de minimis, or based entirely on the facts otherwise 
available. Commerce calculated the all-others' rate using a simple 
average of the individual estimated subsidy rates calculated for the 
examined respondents.\10\
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    \10\ With two respondents under examination, Commerce normally 
calculates (A) a weighted-average of the estimated subsidy rates 
calculated for the examined respondents; (B) a simple average of the 
estimated subsidy rates calculated for the examined respondents; and 
(C) a weighted-average of the estimated subsidy rates calculated for 
the examined respondents using each company's publicly-ranged U.S. 
sale quantities for the merchandise under consideration. Commerce 
then compares (B) and (C) to (A) and selects the rate closest to (A) 
as the most appropriate rate for all other producers and exporters. 
See, e.g., Ball Bearings and Parts Thereof from France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). Because complete publicly ranged sales data was 
not available, Commerce could not follow its normal methodology. 
Therefore, we used a simple average of the estimated subsidy rates 
calculated for the examined respondents.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
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    \11\ As discussed in the Preliminary Decision Memorandum, 
Commerce has assigned Silin's rate to each of the entities named as 
cross-owned in its affiliation questionnaire response: Jiangxi Silin 
International Cable Co., Ltd.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
Shanghai Silin Special Equipment Co., Ltd.\11\..........           15.77
Changfeng Wire & Cable Co., Ltd.........................           11.57
Shanghai Yang Pu Qu Gong................................          164.16
All-Others..............................................           13.67
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Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which the last verification report is issued in 
this investigation. Rebuttal briefs, limited to issues raised in case 
briefs, may be submitted no later than five days after the deadline 
date for case briefs.\12\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 
parties who submit case briefs or rebuttal briefs in this investigation 
are encouraged to submit with each argument: (1) A statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.
    Parties are reminded that briefs and hearing requests are to be 
filed electronically using ACCESS and that electronically filed 
documents must be received successfully in their entirety by 5 p.m. 
Eastern Time on the due date.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its determination. If 
Commerce's final determination is affirmative, the ITC will make its 
final determination before the later of 120 days after the date of this 
preliminary determination or 45 days after Commerce's final 
determination.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).


[[Page 13888]]


    Dated: April 1, 2019.
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 aluminum 
wire and cable products in lengths less than six feet, whether or 
not included in equipment already assembled at the time of 
importation.
    The merchandise covered by the investigation is currently 
classifiable under subheading 8544.49.9000 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Products subject to the scope 
may also enter under HTSUS subheading 8544.42.9090. The HTSUS 
subheadings are provided for convenience and customs purposes. The 
written description of the scope of the investigation is 
dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Alignment
VII. Application of the CVD Law to Imports from China
VIII. Diversification of China's Economy
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Verification
XVI. Disclosure and Public Comment
XVII. Conclusion

[FR Doc. 2019-06856 Filed 4-5-19; 8:45 am]
BILLING CODE 3510-DS-P
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