Aluminum Wire and Cable From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 26069-26072 [2019-11712]
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
Correction to Final Results—Final
Determination of No Shipments
As noted in the Preliminary Results,
we received timely no shipment claims
from Lodha Offset Limited (Lodha) and
Marisa International (Marisa).2 On
September 13, 2018, Commerce issued a
no shipment inquiry to U.S. Customs
and Border Protection (CBP) with
respect to Lodha and Marisa and, on the
same date, CBP confirmed Lodha and
Marisa had no shipments of subject
merchandise to the United States during
the POR.3 In the Preliminary Results, we
preliminarily determined that Lodha
and Marisa had no shipments of subject
merchandise to the United States during
the POR. We received no comments
from interested parties with respect to
the companies’ no shipment claims.
Therefore, because the record indicates
that these two companies did not export
or sell subject merchandise to the
United States during the POR, we
continue to find that Lodha and Marisa
had no shipments of subject
merchandise to the United States during
the POR.
This correction to the Final Results is
published in accordance with sections
751(a)(1) and 777(i) of the Tariff Act of
1930, as amended.
Dated: May 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–11713 Filed 6–4–19; 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:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
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AGENCY:
2 See Certain Lined Paper Products from India:
Preliminary Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2016–2017, 83 FR
50886 (October 10, 2018) (Preliminary Results), and
accompanying Preliminary Decision Memorandum
at 7.
3 See Memorandum, ‘‘Certain Lined Paper
Products from India,’’ dated September 27, 2018,
documenting CBP’s confirmation of no shipments
finding from the named companies; see also
Commerce’s No Shipment Inquiry, ‘‘Re: No
shipments inquiry for certain lined paper products
from India produced and/or exported by various
companies (A–533–843),’’ message number
8256305, dated September 13, 2018.
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The Department of Commerce
(Commerce) preliminarily determines
that aluminum wire and cable from the
People’s Republic of China (China) is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV), for the period of investigation
January 1, 2018, through June 30, 2018.
Interested parties are invited to
comment on this preliminary
determination.
SUMMARY:
DATES:
Applicable June 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley or Kathryn Turlo, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3148 or
(202) 482–3870, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of
initiation of this investigation on
October 18, 2018.1
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,
2019.2 As a result of the tolling of
deadlines, the revised deadline for the
preliminary determination was April 9,
2019.
Commerce also published the notice
of postponement of preliminary
determination of this investigation on
March 19, 2019.3 Pursuant to sections
733(c)(1)(B)(i) and (ii) of the Tariff Act
of 1930, as amended (the Act), we
postponed the preliminary
determination by 50 days.4 As a result
of the postponement, the revised
deadline for the preliminary
determination of this investigation is
May 29, 2019.
26069
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.5 A list of topics
included in the Preliminary Decision
Memorandum are 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 it 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The products covered by this
investigation are aluminum wire and
cable from China. For a full description
of the scope of this investigation, see
‘‘Scope of the Investigation’’ in
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,6 the Initiation
Notice set aside a period of time for
parties to raise issues regarding the
scope of this investigation.7 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. Commerce is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. For a summary of the scope
comments submitted to the record for
this preliminary determination, see the
Preliminary Decision Memorandum.
Methodology
1 See
Aluminum Wire and Cable from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 52811 (October 18,
2018) (Initiation Notice); see also Memorandum,
‘‘Antidumping Duty Investigation Initiation
Checklist: Aluminum Wire and Cable from the
People’s Republic of China (China),’’ dated October
11, 2018 (Initiation Checklist).
2 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.
3 See Aluminum Wire Cable from China:
Postponement of Preliminary Determination of
Antidumping Duty Investigation, 84 FR 10032
(March 19, 2019).
4 Id.
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Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, Commerce
preliminarily has relied upon facts
otherwise available, with adverse
inferences, for the mandatory
respondents Hebei Huatong Wires and
Cables Group Co., Ltd. (Huatong) and
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Antidumping
Duty Investigation of Aluminum Wire and Cable
from the People’s Republic of China’’ (Preliminary
Decision Memorandum), dated concurrently with
this notice.
6 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
7 See Initiation Notice.
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
Shanghai Silin Special Equipment Co.,
Ltd. (Silin). Additionally, certain
separate rate applicants failed to
demonstrate their eligibility for a
separate rate; thus, these companies are
preliminarily found to be part of the
China-wide entity.8 Furthermore, we
find that the China-wide entity’s lack of
participation, including the failure of
certain parts of the China-wide entity to
respond to Commerce’s questionnaires,
constitute circumstances under which it
is reasonable to conclude that the
China-wide entity as a whole, including
Huatong and Silin, failed to cooperate to
the best of its ability to comply with
Commerce’s requests for information.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Separate Rate
In proceedings involving non-market
economy (NME) countries, Commerce
maintains a rebuttable presumption that
all companies within the country are
subject to government control and,
therefore, should be assessed a single
weighted-average dumping margin.9 It is
Commerce’s policy to assign all
exporters of subject merchandise in an
NME country a single rate unless an
exporter can demonstrate an absence of
government control, both in law (de
jure) and in fact (de facto).10 Commerce
preliminarily determines that the
evidence placed on the record in this
investigation by Changfeng Wire &
Cable Co., Ltd. (Changfeng) and Wuxi
Jiangnan Cable Co., Ltd. (Wuxi
Jiangnan) demonstrates an absence of de
jure and de facto government control.
Because Commerce preliminarily
determined the estimated weightedaverage dumping margin based on total
adverse facts available (AFA) for the
mandatory respondents in this
investigation in accordance with section
776 of the Act, the estimated weightedaverage dumping margin determined for
the separate rate companies is a simple
average of the Petition rates.11 For a full
description of the methodology
underlying Commerce’s preliminary
decision regarding separate rates, see
the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Exporter
Producer
Changfeng Wire & Cable Co., Ltd ..........................
Wuxi Jiangnan Cable Co., Ltd ................................
China-wide entity * ..................................................
Changfeng Wire & Cable Co., Ltd .........................
Wuxi Jiangnan Cable Co., Ltd ...............................
.................................................................................
Estimated
weighted-average
dumping margin
(percent)
Estimated
weighted-average
dumping margin
adjusted for
export subsidies
(i.e., cash deposit
rate)
(percent)
58.51
58.51
63.47
58.36
58.36
63.32
* Includes the mandatory respondents, Huatong and Silin.
Suspension of Liquidation
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In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation 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, as discussed below. Further,
pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce
will instruct CBP to require a cash
deposit based on the rate indicated in
the chart above as follows: (1) For the
producers/exporters listed in the table
above, the cash deposit rate is equal to
the rate listed in the table; (2) for all
combinations of China producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
8 The separate rate applicants preliminarily not
receiving a separate rate are Ahcof International
Development Co., Ltd. (Ahcof) and Jiangsu
Ganghong Electric Wire & Power Cable Co., Ltd.
(Jiangsu). For a full description of the methodology
underlying Commerce’s preliminary decision, see
the Preliminary Decision Memorandum.
9 See, e.g., Polyethylene Terephthalate Film,
Sheet, and Strip from the People’s Republic of
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rate established for the China-wide
entity; and (3) for all third-country
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the China
producer/exporter combination (or the
China-wide entity) that supplied that
third-country exporter.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
‘‘Preliminary Determination’’ section’s
chart of estimated weighted-average
dumping margins, above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
China: Final Determination of Sales at Less Than
Fair Value, 73 FR 55039, 55040 (September 24,
2008).
10 See Final Determination of Sales at Less Than
Fair Value: Sparklers from the People’s Republic of
China, 56 FR 20588, 20589 (May 6, 1991)
(Sparklers).
11 See letter from the petitioners, ‘‘Aluminum
Wire and Cable from China: Antidumping and
Countervailing Duty Petitions,’’ dated September
21, 2018, and letter from the petitioners,
‘‘Aluminum Wire and Cable from China:
Amendment of Petitions and Response to
Commerce’s Supplemental Questions,’’ dated
September 28, 2018 (collectively, the Petition).
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Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of its public announcement or, if
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b). However,
because Commerce preliminarily
applied total AFA to the individually
examined companies in this
investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based on a rate alleged in
the Petition, as included in the
Initiation Checklist, there are no
calculations to disclose.
Verification
Because the mandatory respondents
in this investigation did not provide
information requested by Commerce,
and Commerce preliminarily determines
that each of the mandatory respondents
have been uncooperative, verification
will not be conducted.
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Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 30 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. 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.
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.
12 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by petitioners.
Section CFR 351.210(e)(2) of
Commerce’s regulations requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
In April 2019, pursuant to 19 CFR
351.210(b) and (e), Huatong and Silin
requested that Commerce postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.13 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2),
because: (1) Our preliminary
determination is affirmative; (2) the
requesting exporters account for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist, we
are granting the respondents’ request
and are postponing the final
determination until no later than 135
days after the publication of the
preliminary determination notice in the
Federal Register, and we are extending
provisional measures from four months
to a period not to exceed six months.
Suspension of liquidation will be
extended accordingly.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its preliminary determination of sales at
LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
13 See letter from Huatong, ‘‘Aluminum Wire and
Cable from the People’s Republic of China—Request
for Extension of Final Determination and
Provisional Measures,’’ dated April 11, 2019; and
letter from Silin, ‘‘Aluminum Wire and Cable from
People’s Republic of China—Request for Extension
of Final Determination and Provisional Measures,’’
dated April 10, 2019.
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26071
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: May 29, 2019.
Jeffrey I. Kessler,
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 1,000 volts; and (3)
at least one electrical conductor is stranded
and has a size not less than 16.5 thousand
circular mil (kcmil) and not greater than
1,000 kcmil. The assembly may: (1) Include
a grounding or neutral conductor; (2) be clad
with aluminum, steel, or other base metal; or
(3) include a steel support center wire, one
or more connectors, a tape shield, a jacket or
other covering, and/or filler materials.
Most aluminum wire and cable products
conform to National Electrical Code (NEC)
types THHN, THWN, THWN–2, XHHW–2,
USE, USE–2, RHH, RHW, or RHW–2, and
also conform to Underwriters Laboratories
(UL) standards UL–44, UL–83, UL–758, UL–
854, UL–1063, UL–1277, UL–1569, UL–1581,
or UL–4703, but such conformity is not
required for the merchandise to be included
within the scope.
The scope of the investigation specifically
excludes aluminum wire and cable products
in lengths less than six feet, whether or not
included in equipment already assembled at
the time of importation.
The merchandise covered by the
investigation is currently classifiable under
subheading 8544.49.9000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Products subject to the scope may
also enter under HTSUS subheading
8544.42.9090. The HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
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Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / Notices
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value
Comments
C. Separate Rates
D. The China-wide Entity
E. Application of Facts Available with
Adverse Inferences
VIII. Adjustment Under Section 777(A)(f) of
the Act
IX. Adjustments to Cash Deposit Rates for
Export Subsidies
X. Verification
XI. Conclusion
[FR Doc. 2019–11712 Filed 6–4–19; 8:45 am]
BILLING CODE 3510–DS–P
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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form electronically to U.S. Customs and
Border Protection before or at the time
of importation via the Automated
Commercial Environment. Domestic
processors submit the forms monthly
via email.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
discuss (2) the F/V Karen Elizabeth gear
performance study plan review; (3)
updates on the flume tank experiment;
(4) updates of door testing on the NOAA
Bigelow; (5) additional gear
performance funds; and 6) long term
NTAP plans and other business.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to any meeting date.
Dated: May 31, 2019.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–11737 Filed 6–4–19; 8:45 am]
BILLING CODE 3510–22–P
[FR Doc. 2019–11640 Filed 6–4–19; 8:45 am]
Submission for OMB Review;
Comment Request
BILLING CODE 3510–22–P
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
Title: Fisheries Certificate of Origin.
OMB Control Number: 0648–0335.
Form Number(s): NOAA Form 370.
Type of Request: Regular submission,
extension of a current information
collection.
Number of Respondents: 530.
Average Hours per Response: 25
minutes.
Burden Hours: 5,417.
Needs and Uses: This request is for an
extension of a current information
collection. The information required by
the International Dolphin Conservation
Program Act, amendment to the Marine
Mammal Protection Act, is needed to:
(1) Document the dolphin-safe status of
tuna import shipments; (2) verify that
import shipments of fish were not
harvested by large-scale, high seas
driftnets; and (3) verify that tuna was
not harvested by an embargoed nation
or one that is otherwise prohibited from
exporting tuna to the United States.
Forms are submitted by importers and
processors.
Affected Public: Business or other forprofit organizations.
Frequency: Submission is required for
each shipment of frozen and/or
processed tuna and tuna products that
enters the United States.
Respondent’s Obligation: Importing
respondents are required to submit the
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
RIN 0648–XH044
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DEPARTMENT OF COMMERCE
RIN 0648–XH057
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Northeast Trawl
Advisory Panel (NTAP) of the MidAtlantic Fishery Management Council
will hold a meeting.
DATES: The meeting will be held on
Friday, June 21, 2019, beginning at 9
a.m. and conclude by 4 p.m. For agenda
details, see SUPPLEMENTARY
INFORMATION.
SUMMARY:
The meeting will be held at
the Northeast Fisheries Science Center
office located on 28 Tarzwell Dr.,
Narragansett, RI 02882 and available via
webinar (https://www.mafmc.org/ntap).
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The
purpose of this meeting is to: (1)
Conduct new member introductions;
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Fisheries of the Gulf of Mexico and the
South Atlantic; Southeast Data,
Assessment, and Review (SEDAR);
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 64 Data
Workshop for Gulf of Mexico and South
Atlantic yellowtail snapper.
AGENCY:
The SEDAR 64 assessment
process of Gulf of Mexico and South
Atlantic yellowtail snapper will consist
of a Data Workshop, and a series of
assessment webinars, and a Review
Workshop. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR 64 Data Workshop
will be held from 9 a.m. on June 25,
2019, until 5 p.m. on June 27, 2019.
ADDRESSES:
Meeting address: The SEDAR 64 Data
Workshop will be held at the Hilton St.
Petersburg Bayfront, 333 1st Street S, St.
Petersburg, FL 33701; telephone: 1–800–
445–8667.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; (843) 571–
4366; email: Julie.neer@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26069-26072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11712]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095]
Aluminum Wire and Cable From the People's Republic of China:
Affirmative Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that aluminum wire and cable from the People's Republic of China
(China) is being, or is likely to be, sold in the United States at less
than fair value (LTFV), for the period of investigation January 1,
2018, through June 30, 2018. Interested parties are invited to comment
on this preliminary determination.
DATES: Applicable June 5, 2019.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Kathryn Turlo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148 or (202) 482-3870,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this investigation
on October 18, 2018.\1\
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\1\ See Aluminum Wire and Cable from the People's Republic of
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 52811
(October 18, 2018) (Initiation Notice); see also Memorandum,
``Antidumping Duty Investigation Initiation Checklist: Aluminum Wire
and Cable from the People's Republic of China (China),'' dated
October 11, 2018 (Initiation Checklist).
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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.\2\ As a result of the
tolling of deadlines, the revised deadline for the preliminary
determination was April 9, 2019.
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\2\ 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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Commerce also published the notice of postponement of preliminary
determination of this investigation on March 19, 2019.\3\ Pursuant to
sections 733(c)(1)(B)(i) and (ii) of the Tariff Act of 1930, as amended
(the Act), we postponed the preliminary determination by 50 days.\4\ As
a result of the postponement, the revised deadline for the preliminary
determination of this investigation is May 29, 2019.
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\3\ See Aluminum Wire Cable from China: Postponement of
Preliminary Determination of Antidumping Duty Investigation, 84 FR
10032 (March 19, 2019).
\4\ Id.
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For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\5\ A list of topics included in the Preliminary Decision
Memorandum are 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 it 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Antidumping Duty Investigation of Aluminum Wire
and Cable from the People's Republic of China'' (Preliminary
Decision Memorandum), dated concurrently with this notice.
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Scope of the Investigation
The products covered by this investigation are aluminum wire and
cable from China. For a full description of the scope of this
investigation, see ``Scope of the Investigation'' in Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\6\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding the scope of this investigation.\7\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. Commerce is preliminarily modifying the scope
language as it appeared in the Initiation Notice. For a summary of the
scope comments submitted to the record for this preliminary
determination, see the Preliminary Decision Memorandum.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\7\ See Initiation Notice.
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
Commerce preliminarily has relied upon facts otherwise available, with
adverse inferences, for the mandatory respondents Hebei Huatong Wires
and Cables Group Co., Ltd. (Huatong) and
[[Page 26070]]
Shanghai Silin Special Equipment Co., Ltd. (Silin). Additionally,
certain separate rate applicants failed to demonstrate their
eligibility for a separate rate; thus, these companies are
preliminarily found to be part of the China-wide entity.\8\
Furthermore, we find that the China-wide entity's lack of
participation, including the failure of certain parts of the China-wide
entity to respond to Commerce's questionnaires, constitute
circumstances under which it is reasonable to conclude that the China-
wide entity as a whole, including Huatong and Silin, failed to
cooperate to the best of its ability to comply with Commerce's requests
for information. For a full description of the methodology underlying
Commerce's preliminary determination, see the Preliminary Decision
Memorandum.
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\8\ The separate rate applicants preliminarily not receiving a
separate rate are Ahcof International Development Co., Ltd. (Ahcof)
and Jiangsu Ganghong Electric Wire & Power Cable Co., Ltd.
(Jiangsu). For a full description of the methodology underlying
Commerce's preliminary decision, see the Preliminary Decision
Memorandum.
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Separate Rate
In proceedings involving non-market economy (NME) countries,
Commerce maintains a rebuttable presumption that all companies within
the country are subject to government control and, therefore, should be
assessed a single weighted-average dumping margin.\9\ It is Commerce's
policy to assign all exporters of subject merchandise in an NME country
a single rate unless an exporter can demonstrate an absence of
government control, both in law (de jure) and in fact (de facto).\10\
Commerce preliminarily determines that the evidence placed on the
record in this investigation by Changfeng Wire & Cable Co., Ltd.
(Changfeng) and Wuxi Jiangnan Cable Co., Ltd. (Wuxi Jiangnan)
demonstrates an absence of de jure and de facto government control.
Because Commerce preliminarily determined the estimated weighted-
average dumping margin based on total adverse facts available (AFA) for
the mandatory respondents in this investigation in accordance with
section 776 of the Act, the estimated weighted-average dumping margin
determined for the separate rate companies is a simple average of the
Petition rates.\11\ For a full description of the methodology
underlying Commerce's preliminary decision regarding separate rates,
see the Preliminary Decision Memorandum.
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\9\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip
from the People's Republic of China: Final Determination of Sales at
Less Than Fair Value, 73 FR 55039, 55040 (September 24, 2008).
\10\ See Final Determination of Sales at Less Than Fair Value:
Sparklers from the People's Republic of China, 56 FR 20588, 20589
(May 6, 1991) (Sparklers).
\11\ See letter from the petitioners, ``Aluminum Wire and Cable
from China: Antidumping and Countervailing Duty Petitions,'' dated
September 21, 2018, and letter from the petitioners, ``Aluminum Wire
and Cable from China: Amendment of Petitions and Response to
Commerce's Supplemental Questions,'' dated September 28, 2018
(collectively, the Petition).
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Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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Estimated
weighted-average
Estimated dumping margin
weighted-average adjusted for
Exporter Producer dumping margin export subsidies
(percent) (i.e., cash
deposit rate)
(percent)
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Changfeng Wire & Cable Co., Ltd............ Changfeng Wire & Cable Co., 58.51 58.36
Ltd.
Wuxi Jiangnan Cable Co., Ltd............... Wuxi Jiangnan Cable Co., Ltd. 58.51 58.36
China-wide entity *........................ ............................. 63.47 63.32
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* Includes the mandatory respondents, Huatong and Silin.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
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,
as discussed below. Further, pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash
deposit based on the rate indicated in the chart above as follows: (1)
For the producers/exporters listed in the table above, the cash deposit
rate is equal to the rate listed in the table; (2) for all combinations
of China producers/exporters of merchandise under consideration that
have not established eligibility for their own separate rates, the cash
deposit rate will be equal to the rate established for the China-wide
entity; and (3) for all third-country exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the China producer/exporter
combination (or the China-wide entity) that supplied that third-country
exporter.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins, above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire. These suspension of liquidation
instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of its public announcement or, if
[[Page 26071]]
there is no public announcement, within five days of the date of
publication of this notice in accordance with 19 CFR 351.224(b).
However, because Commerce preliminarily applied total AFA to the
individually examined companies in this investigation, in accordance
with section 776 of the Act, and the applied AFA rate is based on a
rate alleged in the Petition, as included in the Initiation Checklist,
there are no calculations to disclose.
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce, and Commerce preliminarily
determines that each of the mandatory respondents have been
uncooperative, verification will not be conducted.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. 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.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
petitioners. Section CFR 351.210(e)(2) of Commerce's regulations
requires that requests by respondents for postponement of a final
antidumping determination be accompanied by a request for extension of
provisional measures from a four-month period to a period not more than
six months in duration.
In April 2019, pursuant to 19 CFR 351.210(b) and (e), Huatong and
Silin requested that Commerce postpone the final determination and that
provisional measures be extended to a period not to exceed six
months.\13\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary
determination is affirmative; (2) the requesting exporters account for
a significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, we are granting the
respondents' request and are postponing the final determination until
no later than 135 days after the publication of the preliminary
determination notice in the Federal Register, and we are extending
provisional measures from four months to a period not to exceed six
months. Suspension of liquidation will be extended accordingly.
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\13\ See letter from Huatong, ``Aluminum Wire and Cable from the
People's Republic of China--Request for Extension of Final
Determination and Provisional Measures,'' dated April 11, 2019; and
letter from Silin, ``Aluminum Wire and Cable from People's Republic
of China--Request for Extension of Final Determination and
Provisional Measures,'' dated April 10, 2019.
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International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination of sales at LTFV. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether imports of the subject merchandise are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: May 29, 2019.
Jeffrey I. Kessler,
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 1,000 volts; and (3) at least one electrical conductor
is stranded and has a size not less than 16.5 thousand circular mil
(kcmil) and not greater than 1,000 kcmil. The assembly may: (1)
Include a grounding or neutral conductor; (2) be clad with aluminum,
steel, or other base metal; or (3) include a steel support center
wire, one or more connectors, a tape shield, a jacket or other
covering, and/or filler materials.
Most aluminum wire and cable products conform to National
Electrical Code (NEC) types THHN, THWN, THWN-2, XHHW-2, USE, USE-2,
RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories
(UL) standards UL-44, UL-83, UL-758, UL-854, UL-1063, UL-1277, UL-
1569, UL-1581, or UL-4703, but such conformity is not required for
the merchandise to be included within the scope.
The scope of the investigation specifically excludes aluminum
wire and cable products in lengths less than six feet, whether or
not included in equipment already assembled at the time of
importation.
The merchandise covered by the investigation is currently
classifiable under subheading 8544.49.9000 of the Harmonized Tariff
Schedule of the United States (HTSUS). Products subject to the scope
may also enter under HTSUS subheading 8544.42.9090. The HTSUS
subheadings are provided for convenience and customs purposes. The
written description of the scope of the investigation is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional
Measures
[[Page 26072]]
V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Non-Market Economy Country
B. Surrogate Country and Surrogate Value Comments
C. Separate Rates
D. The China-wide Entity
E. Application of Facts Available with Adverse Inferences
VIII. Adjustment Under Section 777(A)(f) of the Act
IX. Adjustments to Cash Deposit Rates for Export Subsidies
X. Verification
XI. Conclusion
[FR Doc. 2019-11712 Filed 6-4-19; 8:45 am]
BILLING CODE 3510-DS-P
