Aluminum Wire and Cable From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 58134-58136 [2019-23612]
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58134
Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 777(i)(1) of the
Act, and 19 CFR 351.213(d)(4).
Dated: October 24, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–23684 Filed 10–29–19; 8:45 am]
BILLING CODE 3510–DS–P
Period of Investigation
The period of investigation is January
1, 2018 through June 30, 2018.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–095]
Aluminum Wire and Cable From the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) 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).
DATES: Applicable October 30, 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:
AGENCY:
Background
The petitioners in this investigation
are Encore Wire Corporation (Encore)
and Southwire Company, LLC
(Southwire) (collectively, the
petitioners). The mandatory
respondents in this investigation are
Hebei Huatong Wires and Cables Group
Co., Ltd. (Huatong) and Shanghai Silin
Special Equipment Co., Ltd. (Silin). On
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June 5, 2019, Commerce published its
Preliminary Determination for this
investigation and invited interested
parties to comment.1 A summary of the
events that occurred since Commerce
published the Preliminary
Determination may be found in the
Issues and Decision Memorandum.2 The
Issues and 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
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version 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,’’ at
Appendix I.
Scope Comments
During the course of this investigation
and the concurrent countervailing duty
(CVD) investigation, Commerce received
scope comments from interested parties.
In our Preliminary Determination, we
explained that certain interested parties
had commented on the scope of the
investigation and that Commerce had
preliminarily modified the scope.3 We
received no additional scope comments;
therefore, the scope remains unchanged
from that which appeared in the
Preliminary Determination.
Verification
Because the mandatory respondents
in this investigation did not provide
1 See 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, 84 FR 26069
(June 5, 2019) (Preliminary Determination), and
accompany Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less Than Fair Value Investigation of Aluminum
Wire and Cable from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Preliminary Determination PDM at 5–7.
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Fmt 4703
Sfmt 4703
information requested by Commerce,
and Commerce found in the Preliminary
Determination that each of the
mandatory respondents have been
uncooperative, verification was not
conducted.
Analysis of Comments Received
In response to our invitation to
comment on the Preliminary
Determination, interested parties
submitted case and rebuttal briefs to
Commerce. All issues raised in the case
and rebuttal briefs that were submitted
by parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached to this notice
at Appendix II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made no
changes to the Preliminary
Determination. For a discussion of the
comments received, see the Issues and
Decision Memorandum.
China-Wide Entity
For the reasons explained in the
Issues and Decision Memorandum, we
are continuing to find that the use of
adverse facts available (AFA), pursuant
to sections 776(a) and (b) of the Tariff
Act of 1930, as amended (the Act), is
appropriate, and we are determining an
estimated weighted-average dumping
margin based entirely on AFA for the
China-wide entity. Further, Commerce
continues to consider the mandatory
respondents, Huatong and Silin, to be a
part of the China-wide entity. We
continue to find that the China-wide
entity, which also includes companies
that failed to establish their eligibility
for separate rate status as well as other
Chinese exporters or producers that did
not respond to Commerce’s quantity and
value questionnaire, withheld requested
information, significantly impeded the
proceeding, and failed to cooperate to
the best of their abilities, and thus we
are continuing to base the final
determination for the China-wide entity
on AFA. See the Issues and Decision
Memorandum for a full discussion of
this issue.
Adverse Facts Available
In selecting the estimated weightedaverage dumping margin based on AFA
for the China-wide entity, Commerce’s
practice is to select a rate that is
sufficiently adverse to ensure that the
uncooperative party does not obtain a
more favorable result by failing to
cooperate than if it had fully
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Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices
cooperated.4 Specifically, it is
Commerce’s practice to select, as an
AFA rate, the higher of: (a) the highest
dumping margin alleged in the petition;
or, (b) the highest calculated dumping
margin of any respondent in the
investigation. As AFA, Commerce has
determined an estimated weightedaverage dumping margin for the Chinawide entity of 63.47 percent. See the
Issues and Decision Memorandum for a
full discussion of this issue.
Separate Rates
Certain parties commented on our
decision in the Preliminary
Determination to deny separate rate
status to Huatong; however, we are
continuing to deny separate rate status
in this final determination. See the
Issues and Decision Memorandum for a
full discussion of this issue. Commerce
also continues to find that Silin has not
established its eligibility for a separate
rate. No parties commented on our
decision in the Preliminary
Determination to grant separate rate
status to Changfeng Wire & Cable Co.,
Ltd. (Changfeng) and Wuxi Jiangnan
Cable Co. Ltd. (Wuxi Jiangnan). We
therefore continue to grant separate rate
status to these companies.
Combination Rates
We have continued to calculate
producer/exporter combination rates for
the respondents that are eligible for a
separate rate. Policy Bulletin 05.1
describes this practice.5
Final Determination
The final estimated weighted-average
dumping margins are as follows:
Estimated
weightedaverage dumping
margin
(percent)
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
weightedaverage dumping
margin adjusted
for export
subsidies
(percent)
58.51
58.51
63.47
47.83
47.83
52.79
* Includes the mandatory respondents, Huatong and Silin.
weighted-average dumping margin for
those subsidies at this time.
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
liquidation of aluminum wire and cable
from China, as described in Appendix I
of this notice, which were entered, or
withdrawn from warehouse, for
consumption on or after June 5, 2019,
the date of publication in the Federal
Register of the affirmative Preliminary
Determination. Further, pursuant to
section 735(c)(1)(B)(ii) of the Act and 19
CFR 351.210(d), Commerce will instruct
CBP to require a cash deposit for
estimated antidumping duties for such
entries as follows: (1) for the exporter/
producer combinations listed in the
table above, the cash deposit rate is
equal to the estimated weighted-average
dumping margin, adjusted for export
and/or domestic subsidies as
appropriate, listed for that combination
in the table; (2) for all combinations of
Chinese exporters/producers not listed
in the above table, the cash deposit rate
is equal to the estimated weightedaverage dumping margin, adjusted for
export and/or domestic subsidies as
appropriate, listed in the table for the
China-wide entity; and (3) for all nonChinese exporters not listed in the table
above, the cash deposit rate is equal to
the cash deposit rate applicable to the
Chinese exporter/producer combination
(or the China-wide entity) that supplied
that non-Chinese 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
CVD proceeding when CVD provisional
measures are in effect. Accordingly,
where Commerce makes an affirmative
determination for domestic subsidy pass
through or export subsidies, Commerce
offsets the calculated estimated
weighted-average dumping margin by
the appropriate rate(s). We have made
an affirmative final determination for
export subsidies in the companion CVD
investigation. However, suspension of
liquidation for provisional measures in
the companion CVD case has been
discontinued; therefore, we are not
instructing CBP to collect cash deposits
based upon the adjusted estimated
4 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination: Purified Carboxymethyl
cellulose from Finland, 69 FR 77216, 77219
(December 27, 2004), unchanged in Notice of Final
Determination of Sales at Less Than Fair Value:
Purified Carboxymethyl Cellulose from Finland, 70
FR 28279, 28279 (May 17, 2005).
5 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, ‘‘Separate-Rates Practice and
Application of Combination Rates in Antidumping
Investigations involving Non-Market Economy
Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),
available on Commerce’s website at https://
enforcement.trade.gov/policy/bull05-1.pdf.
Disclosure
We will disclose the calculations
performed within five days of public
announcement of this notice in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
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International Trade Commission
Notification
In accordance with section 735(d) of
the Act, Commerce will notify the
International Trade Commission (ITC) of
its final affirmative determination of
sales at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of aluminum wire and cable
from China no later than 45 days after
our final determination. If the ITC
determines that material injury or threat
of material injury does not exist, the
proceeding will be terminated, and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise,
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
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58136
Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Notices
Notification Regarding Administrative
Protective Orders
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation subject to sanction.
Notification to Importers
This notice also serves as an initial
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation. Failure to comply
with this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
Dated: October 18, 2019.
Carole Showers,
Executive Director, Office of Policy, Policy
& Negotiations, 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–
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17:18 Oct 29, 2019
Jkt 250001
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. Scope of the Investigation
V. Changes Since the Preliminary
Determination
VI. Adjustments to Cash Deposit Rates for
Export Subsidies
VII. Adjustment Under Section 777A(f) of the
Act
VIII. China-Wide Entity and Use of Facts
Otherwise Available and Adverse
Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Application of Total AFA to
Huatong
Comment 3: Huatong’s Eligibility for a
Separate Rate
Comment 4: Application of Total AFA to
Silin
Comment 5: Offset of Countervailable
Benefits for Aluminum Rod
X. Recommendation
[FR Doc. 2019–23612 Filed 10–29–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–201–846]
Sugar From Mexico: Notice of Court
Decision Regarding Amendment to the
Agreement Suspending the
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 18, 2019, the
United States Court of International
Trade (CIT) issued a final judgment in
CSC Sugar LLC v. United States, Ct. No.
17–00214, Slip Op. 19–131 (CIT October
18, 2019) (CSC Sugar II). Commerce is
notifying the public of the CIT’s ruling
that Commerce’s 2017 amendment to
the Agreement Suspending the
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
Countervailing Duty Investigation on
Sugar from Mexico (CVD Agreement)
must be vacated. Commerce intends to
take action to implement the CIT ruling
by November 18, 2019.
DATES: November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon, Bilateral Agreements
Unit, Office of Policy and Negotiations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0162.
SUPPLEMENTARY INFORMATION:
Background
On December 19, 2014, Commerce
and the Government of Mexico (GOM)
signed the CVD Agreement.1 Between
June 2016 and June 2017, Commerce
and the GOM held consultations to
address concerns raised by the domestic
industry and to ensure that the CVD
Agreement met the statutory
requirements for a suspension
agreement, e.g., that suspension of the
investigation was in the public interest,
including the availability of supplies of
sugar in the U.S. market, and that
effective monitoring was practicable.
The consultations resulted in Commerce
and the GOM signing an amendment to
the CVD Agreement on June 30, 2017,
which was subsequently published in
the Federal Register.2
CSC Sugar LLC (CSC Sugar)
challenged Commerce’s determination
to amend the CVD Agreement by
contending that Commerce did not meet
its obligation to file a complete
administrative record.3 Specifically,
CSC Sugar argued that Commerce failed
to memorialize and include in the
record ex parte communications
between Commerce officials and
interested parties (including the
domestic sugar industry and
representatives of Mexico) as required
by section 777(a)(3) of the Tariff Act of
1930, as amended (the Act).4
The CIT agreed with CSC Sugar and
ordered Commerce to supplement the
administrative record with any ex parte
communications regarding the CVD
Amendment.5 CSC Sugar subsequently
filed a motion for judgment on the
agency record arguing that Commerce’s
1 See Sugar From Mexico: Suspension of
Countervailing Investigation, 79 FR 78044
(December 29, 2014).
2 See Sugar From Mexico: Amendment to the
Agreement Suspending the Countervailing Duty
Investigation, 82 FR 31942 (July 11, 2017) (CVD
Amendment).
3 See CSC Sugar II at 4.
4 Id.
5 Id. (citing CSC Sugar LLC v. United States, 317
F. Supp. 3d 1322, 1326 (CIT 2018)).
E:\FR\FM\30OCN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Notices]
[Pages 58134-58136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23612]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095]
Aluminum Wire and Cable From the People's Republic of China:
Final Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) 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).
DATES: Applicable October 30, 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
The petitioners in this investigation are Encore Wire Corporation
(Encore) and Southwire Company, LLC (Southwire) (collectively, the
petitioners). The mandatory respondents in this investigation are Hebei
Huatong Wires and Cables Group Co., Ltd. (Huatong) and Shanghai Silin
Special Equipment Co., Ltd. (Silin). On June 5, 2019, Commerce
published its Preliminary Determination for this investigation and
invited interested parties to comment.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination may be
found in the Issues and Decision Memorandum.\2\ The Issues and 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 Commerce
building. In addition, a complete version of the Issues and Decision
Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic
version are identical in content.
---------------------------------------------------------------------------
\1\ See 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, 84 FR 26069
(June 5, 2019) (Preliminary Determination), and accompany
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less Than Fair Value Investigation of
Aluminum Wire and Cable from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2018 through June 30,
2018.
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,'' at Appendix I.
Scope Comments
During the course of this investigation and the concurrent
countervailing duty (CVD) investigation, Commerce received scope
comments from interested parties. In our Preliminary Determination, we
explained that certain interested parties had commented on the scope of
the investigation and that Commerce had preliminarily modified the
scope.\3\ We received no additional scope comments; therefore, the
scope remains unchanged from that which appeared in the Preliminary
Determination.
---------------------------------------------------------------------------
\3\ See Preliminary Determination PDM at 5-7.
---------------------------------------------------------------------------
Verification
Because the mandatory respondents in this investigation did not
provide information requested by Commerce, and Commerce found in the
Preliminary Determination that each of the mandatory respondents have
been uncooperative, verification was not conducted.
Analysis of Comments Received
In response to our invitation to comment on the Preliminary
Determination, interested parties submitted case and rebuttal briefs to
Commerce. All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice at Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received, we made no changes
to the Preliminary Determination. For a discussion of the comments
received, see the Issues and Decision Memorandum.
China-Wide Entity
For the reasons explained in the Issues and Decision Memorandum, we
are continuing to find that the use of adverse facts available (AFA),
pursuant to sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act), is appropriate, and we are determining an estimated
weighted-average dumping margin based entirely on AFA for the China-
wide entity. Further, Commerce continues to consider the mandatory
respondents, Huatong and Silin, to be a part of the China-wide entity.
We continue to find that the China-wide entity, which also includes
companies that failed to establish their eligibility for separate rate
status as well as other Chinese exporters or producers that did not
respond to Commerce's quantity and value questionnaire, withheld
requested information, significantly impeded the proceeding, and failed
to cooperate to the best of their abilities, and thus we are continuing
to base the final determination for the China-wide entity on AFA. See
the Issues and Decision Memorandum for a full discussion of this issue.
Adverse Facts Available
In selecting the estimated weighted-average dumping margin based on
AFA for the China-wide entity, Commerce's practice is to select a rate
that is sufficiently adverse to ensure that the uncooperative party
does not obtain a more favorable result by failing to cooperate than if
it had fully
[[Page 58135]]
cooperated.\4\ Specifically, it is Commerce's practice to select, as an
AFA rate, the higher of: (a) the highest dumping margin alleged in the
petition; or, (b) the highest calculated dumping margin of any
respondent in the investigation. As AFA, Commerce has determined an
estimated weighted-average dumping margin for the China-wide entity of
63.47 percent. See the Issues and Decision Memorandum for a full
discussion of this issue.
---------------------------------------------------------------------------
\4\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final Determination:
Purified Carboxymethyl cellulose from Finland, 69 FR 77216, 77219
(December 27, 2004), unchanged in Notice of Final Determination of
Sales at Less Than Fair Value: Purified Carboxymethyl Cellulose from
Finland, 70 FR 28279, 28279 (May 17, 2005).
---------------------------------------------------------------------------
Separate Rates
Certain parties commented on our decision in the Preliminary
Determination to deny separate rate status to Huatong; however, we are
continuing to deny separate rate status in this final determination.
See the Issues and Decision Memorandum for a full discussion of this
issue. Commerce also continues to find that Silin has not established
its eligibility for a separate rate. No parties commented on our
decision in the Preliminary Determination to grant separate rate status
to Changfeng Wire & Cable Co., Ltd. (Changfeng) and Wuxi Jiangnan Cable
Co. Ltd. (Wuxi Jiangnan). We therefore continue to grant separate rate
status to these companies.
Combination Rates
We have continued to calculate producer/exporter combination rates
for the respondents that are eligible for a separate rate. Policy
Bulletin 05.1 describes this practice.\5\
---------------------------------------------------------------------------
\5\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
``Separate-Rates Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market Economy Countries,''
(April 5, 2005) (Policy Bulletin 05.1), available on Commerce's
website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Final Determination
The final estimated weighted-average dumping margins are as
follows:
----------------------------------------------------------------------------------------------------------------
Estimated
Estimated weighted- average
weighted- average dumping margin
Exporter Producer dumping margin adjusted for
(percent) export subsidies
(percent)
----------------------------------------------------------------------------------------------------------------
Changfeng Wire & Cable Co., Ltd............ Changfeng Wire & Cable Co., 58.51 47.83
Ltd.
Wuxi Jiangnan Cable Co., Ltd............... Wuxi Jiangnan Cable Co., Ltd. 58.51 47.83
China-wide entity *........................ 63.47 52.79
----------------------------------------------------------------------------------------------------------------
* Includes the mandatory respondents, Huatong and Silin.
Disclosure
We will disclose the calculations performed within five days of
public announcement of this notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
liquidation of aluminum wire and cable from China, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after June 5, 2019, the date of
publication in the Federal Register of the affirmative Preliminary
Determination. Further, pursuant to section 735(c)(1)(B)(ii) of the Act
and 19 CFR 351.210(d), Commerce will instruct CBP to require a cash
deposit for estimated antidumping duties for such entries as follows:
(1) for the exporter/producer combinations listed in the table above,
the cash deposit rate is equal to the estimated weighted-average
dumping margin, adjusted for export and/or domestic subsidies as
appropriate, listed for that combination in the table; (2) for all
combinations of Chinese exporters/producers not listed in the above
table, the cash deposit rate is equal to the estimated weighted-average
dumping margin, adjusted for export and/or domestic subsidies as
appropriate, listed in the table for the China-wide entity; and (3) for
all non-Chinese exporters not listed in the table above, the cash
deposit rate is equal to the cash deposit rate applicable to the
Chinese exporter/producer combination (or the China-wide entity) that
supplied that non-Chinese 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 CVD
proceeding when CVD provisional measures are in effect. Accordingly,
where Commerce makes an affirmative determination for domestic subsidy
pass through or export subsidies, Commerce offsets the calculated
estimated weighted-average dumping margin by the appropriate rate(s).
We have made an affirmative final determination for export subsidies in
the companion CVD investigation. However, suspension of liquidation for
provisional measures in the companion CVD case has been discontinued;
therefore, we are not instructing CBP to collect cash deposits based
upon the adjusted estimated weighted-average dumping margin for those
subsidies at this time.
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports, or sales (or the
likelihood of sales) for importation of aluminum wire and cable from
China no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated, and all cash deposits will be
refunded. If the ITC determines that such injury does exist, Commerce
will issue an antidumping duty order directing CBP to assess, upon
further instruction by Commerce, antidumping duties on all imports of
the subject merchandise, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
[[Page 58136]]
Notification Regarding Administrative Protective Orders
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation
subject to sanction.
Notification to Importers
This notice also serves as an initial reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping duties occurred and the
subsequent assessment of doubled antidumping duties.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: October 18, 2019.
Carole Showers,
Executive Director, Office of Policy, Policy & Negotiations,
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. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Adjustments to Cash Deposit Rates for Export Subsidies
VII. Adjustment Under Section 777A(f) of the Act
VIII. China-Wide Entity and Use of Facts Otherwise Available and
Adverse Inferences
IX. Discussion of the Issues
Comment 1: Selection of the AFA Rate
Comment 2: Application of Total AFA to Huatong
Comment 3: Huatong's Eligibility for a Separate Rate
Comment 4: Application of Total AFA to Silin
Comment 5: Offset of Countervailable Benefits for Aluminum Rod
X. Recommendation
[FR Doc. 2019-23612 Filed 10-29-19; 8:45 am]
BILLING CODE 3510-DS-P
