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]

Download as PDF 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. jbell on DSK3GLQ082PROD with NOTICES 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. VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 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 http://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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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. E:\FR\FM\05JNN1.SGM 05JNN1 26070 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 jbell on DSK3GLQ082PROD with NOTICES 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 VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 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). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05JNN1.SGM 05JNN1 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. jbell on DSK3GLQ082PROD with NOTICES 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). VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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 E:\FR\FM\05JNN1.SGM 05JNN1 26072 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 jbell on DSK3GLQ082PROD with NOTICES 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 VerDate Sep<11>2014 19:03 Jun 04, 2019 Jkt 247001 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 (http://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; PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 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: E:\FR\FM\05JNN1.SGM 05JNN1

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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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 http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Estimated
                                                                                                weighted-average
                                                                                Estimated        dumping margin
                                                                             weighted-average     adjusted for
                  Exporter                              Producer              dumping margin    export subsidies
                                                                                (percent)         (i.e., cash
                                                                                                 deposit rate)
                                                                                                   (percent)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
* 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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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