Aluminum Wire and Cable From the People's Republic of China: Antidumping Duty and Countervailing Duty Orders, 70496-70498 [2019-27641]
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70496
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Notices
shall remain in effect until further
notice.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of proceeding. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
These final results are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: December 17, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement
and Compliance.
APPENDIX
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Analysis of Comments
Comment 1: Provision of Hot-Rolled Steel
(HRS) for Less Than Adequate
Renumeration (LTAR): Whether To
Include Value-Added Tax (VAT) on
Imported HRS
Comment 2: Deduction From Taxable
Income for Export Revenue: Whether To
Use Amount Listed in Ozdemir’s 2016 or
2017 Tax Return
VIII. Recommendation
[FR Doc. 2019–27643 Filed 12–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[C–351–844]
Cold-Rolled Steel Flat Products From
Brazil: Rescission of Countervailing
Duty Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding its
administrative review of the
countervailing duty (CVD) order on
cold-rolled steel flat products (CRS flat
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Background
On September 3, 2019, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the CVD order
on CRS flat products from Brazil for the
POR.1 Commerce received a timely
request from the petitioner, United
States Steel Corporation, in accordance
with section 751(a) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.213(b), to conduct an administrative
review of this CVD order for seven
companies.2
On November 12, 2019, Commerce
published in the Federal Register a
notice of initiation with respect to these
companies.3 On November 19, 2019, the
petitioner timely withdrew its request
for an administrative review for all
seven companies.4
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the parties that requested a
review withdraw the request within 90
days of the date of publication of the
notice of initiation of the requested
review. The petitioner withdrew its
request for review before the 90-day
deadline, and no other party requested
an administrative review of this order.
Therefore, we are rescinding the
administrative review of the CVD order
on CRS flat products from Brazil
covering the period January 1, 2018,
1 See
International Trade Administration
AGENCY:
products) from Brazil for the period of
review (POR) January 1, 2018, through
December 31, 2018.
DATES: Applicable December 23, 2019.
FOR FURTHER INFORMATION CONTACT:
William Miller, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3906.
SUPPLEMENTARY INFORMATION:
Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 84 FR 45949
(September 3, 2019).
2 See Petitioner’s Letter, ‘‘Cold-Rolled Steel Flat
Products from Brazil: Request for Administrative
Review of Countervailing Duty Order,’’ dated
September 30, 2019 (request for review of: Aperam
Inox America do Sul S.A.; Armco do Brasil S.A.;
Arvedi Metalfer do Brasil; Companhia Siderurgica
Nacional; NVent do Brasil Eletrometalurgica;
Signode Brasileira Ltda.; and Usinas Siderurgicas
de Minas Gerais (Usiminas)).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019).
4 See Petitioner’s Letter, ‘‘Cold-Rolled Steel Flat
Products from Brazil: Withdrawal of Request for
Administrative Review of Countervailing Duty
Order,’’ dated November 19, 2019.
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through December 31, 2018, in its
entirety.
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
countervailing duties on all appropriate
entries. Because Commerce is
rescinding this administrative review in
its entirety, the entries to which this
administrative review pertained shall be
assessed at rates equal to the cash
deposit of estimated countervailing
duties required at the time of entry, or
withdrawal from warehouse, for
consumption, in accordance with 19
CFR 351.212(c)(1)(i). Commerce intends
to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of this
notice in the Federal Register.
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.
Notification to Interested Parties
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: December 17, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–27642 Filed 12–20–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–095, C–570–096]
Aluminum Wire and Cable From the
People’s Republic of China:
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing antidumping duty
AGENCY:
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70497
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Notices
(AD) and countervailing duty (CVD)
orders on imports of aluminum wire
and cable from the People’s Republic of
China (China).
DATES: Applicable December 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker or Caitlin Monks at (202)
482–0196 and (202) 482–2670,
respectively, AD/CVD Operations,
Office VII, Enforcement and
Compliance, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d)
and 735(d) of the Tariff Act of 1930, as
amended (the Act), on October 30, 2019,
Commerce published its affirmative
final determination in the less-than-fairvalue (LTFV) investigation of aluminum
wire and cable from China, and its
affirmative final determination that
countervailable subsidies are being
provided to producers and exporters of
aluminum wire and cable from China.1
On December 16, 2019, the ITC notified
Commerce of its final affirmative
determinations that an industry in the
United States is materially injured by
reason of LTFV imports and subsidized
imports of aluminum wire and cable
from China, within the meaning of
sections 705(b)(1)(A)(i) and
735(b)(1)(A)(i) of the Act.2
Scope of the Orders
The products covered by these orders
are aluminum wire and cable from
AD Order
As stated above, on December 16,
2019, in accordance with section 735(d)
of the Act, the ITC notified Commerce
of its final determination that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of imports of aluminum wire and
cable from China that are sold in the
United States at LTFV. Therefore, in
accordance with section 735(c)(2) of the
Act, we are issuing this AD order.
Because the ITC determined that
imports of aluminum wire and cable
from China are materially injuring a
U.S. industry, unliquidated entries of
such merchandise from China entered,
or withdrawn from warehouse, for
consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of aluminum wire and
cable from China. Antidumping duties
will be assessed on unliquidated entries
of aluminum wire and cable from China
entered, or withdrawn from warehouse,
for consumption on or after June 5,
2019, the date of publication of the AD
Preliminary Determination,3 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination, as
further described below.
Continuation of Suspension of
Liquidation—AD
In accordance with section 736 of the
Act, we will instruct CBP to continue
the suspension of liquidation on entries
of aluminum wire and cable from China,
effective on the date of publication in
the Federal Register of the ITC’s final
affirmative injury determination. These
instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require
cash deposits equal to the amounts
indicated below. Accordingly, effective
on the date of publication in the Federal
Register of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
the subject merchandise, a cash deposit
equal to the exporter/producer-specific
estimated weighted-average dumping
margins listed below. As stated in the
AD Final Determination, Commerce
made certain adjustments for export
subsidies from the CVD Final
Determination to the estimated
weighted-average dumping margins to
determine each of the cash deposit rates.
Estimated
weighted
-average
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 .....................................
.......................................................................................
58.51
58.51
63.47
Cash
deposit rate
(adjusted
for subsidy
offsets)
(percent)
47.83
47.83
52.79
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request Commerce to extend that four-
month period to no more than six
months. At the request of exporters that
account for a significant proportion of
aluminum wire and cable from China,
Commerce extended the four-month
period to six months in this
proceeding.4 In the underlying
investigation, Commerce published the
AD Preliminary Determination on June
5, 2019. Therefore, the extended period,
beginning on the date of publication of
the AD Preliminary Determination,
ended on December 1, 2019.
Furthermore, section 737(b) of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination.
Therefore, in accordance with section
733(d) of the Act and our practice,
Commerce will instruct CBP to
1 See Aluminum Wire and Cable from the
People’s Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, 84
FR 58134 (October 30, 2019) (AD Final
Determination); see also Aluminum Wire and Cable
from the People’s Republic of China: Final
Affirmative Countervailing Duty Determination, 84
FR 58137 (October 30, 2019) (CVD Final
Determination).
2 See ITC’s Letter, ‘‘Notification of ITC Final
Determinations,’’ dated December 16, 2019 (ITC
Notification); see also Aluminum Wire and Cable
from China, Inv. No. 701–TA–611 and 731–TA–
1428 (USITC Publication 5001).
3 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) (AD Preliminary Determination).
4 Id.
Provisional Measures—AD
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China. For a complete description of the
scope of the orders, see the Appendix to
this notice.
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70498
Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Notices
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of aluminum wire and cable
from China entered, or withdrawn from
warehouse, for consumption after
December 1, 2019, the date on which
the provisional measures expired, until
and through the day preceding the date
of publication of the ITC’s final injury
determination in the Federal Register.
Suspension of liquidation will resume
on the date of publication of the ITC’s
final determination in the Federal
Register.
lotter on DSKBCFDHB2PROD with NOTICES
CVD Order
As stated above, on December 16,
2019, in accordance with section 705(d)
of the Act, the ITC notified Commerce
of its final determination that the
industry in the United States producing
aluminum wire and cable is materially
injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of aluminum wire
and cable from China.5 Therefore, in
accordance with section 705(c)(2) of the
Act, we are issuing this CVD order.
As a result of the ITC’s final
determination, in accordance with
section 706(a) of the Act, Commerce
will direct CBP to assess, upon further
instruction by Commerce,
countervailing duties on unliquidated
entries of subject merchandise from
China entered, or withdrawn from
warehouse, for consumption on or after
April 8, 2019, the date on which
Commerce published the CVD
Preliminary Determination 6 and before
August 6, 2019, the effective date on
which Commerce instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than 120 days. Therefore,
entries of subject merchandise from
China made on or after August 6, 2019,
and prior to the date of publication of
the ITC’s final determination in the
Federal Register, are not subject to the
assessment of countervailing duties due
to Commerce’s discontinuation of the
suspension of liquidation.
Suspension of Liquidation—CVD
In accordance with section 706 of the
Act, Commerce will direct CBP to
ITC Notification.
Aluminum Wire and Cable from the
People’s Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination with Final Antidumping
Duty Determination, 84 FR 13886 (April 8, 2019)
(CVD Preliminary Determination).
reinstitute the suspension of liquidation
of subject merchandise from China,
effective on the date of publication of
the ITC’s final affirmative injury
determination in the Federal Register,
and to assess, upon further instruction
by Commerce pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of aluminum wire
and cable in an amount based on the net
countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determination in the Federal
Register, Commerce will instruct CBP to
require, at the same time as importers
would normally deposit estimated
duties on the subject merchandise, a
cash deposit for each entry of subject
merchandise equal to the subsidy rates
listed below.7 The all-others rate applies
to all producers or exporters not
specifically listed below, as appropriate.
Subsidy rate
(percent)
Producer/exporter
Shanghai Silin Special
Equipment Co., Ltd 8 .........
Changfeng Wire & Cable
Co., Ltd .............................
Shanghai Yang Pu Qu Gong
All Others ..............................
165.63
33.44
165.63
33.44
Provisional Measures—CVD
Section 703(d) of the Act states that
the suspension of liquidation pursuant
to an affirmative preliminary
determination may not remain in effect
for more than four months. Commerce
published the affirmative Preliminary
Determination on April 8, 2019.
Therefore, the four-month period
beginning on the date of the publication
of the Preliminary Determination ended
on August 5, 2019.
In accordance with section 733(d) of
the Act, Commerce instructed CBP to
terminate the suspension of liquidation
and to liquidate, without regard to CVD
duties, unliquidated entries of
aluminum wire and cable from China
entered, or withdrawn from warehouse,
for consumption on or after August 6,
2019, the date on which the provisional
CVD measures expired, through the day
preceding the date of publication of the
ITC final injury determinations in the
Federal Register. Suspension of
liquidation will resume on the date of
publication of the ITC final injury
determination in the Federal Register.
5 See
6 See
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7 See
section 706(a)(3) of the Act.
discussed in the Preliminary Determination
PDM, Commerce has also assigned Silin’s rate to the
entity named as cross-owned in its affiliation
questionnaire response: Jiangxi Silin International
Cable Co., Ltd.
8 As
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Sfmt 4703
Notification to Interested Parties
This notice constitutes the AD and
CVD orders with respect to aluminum
wire and cable from China pursuant to
sections 706(a) and 736(a) of the Act.
Interested parties can find a list of
orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are published in
accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Orders
The scope of these orders covers aluminum
wire and cable, which is defined as an
assembly of one or more electrical
conductors made from 8000 Series
Aluminum Alloys (defined in accordance
with ASTM B800), Aluminum Alloy 1350
(defined in accordance with ASTM B230/
B230M or B609/B609M), and/or Aluminum
Alloy 6201 (defined in accordance with
ASTM B398/B398M), provided that: (1) At
least one of the electrical conductors is
insulated; (2) each insulated electrical
conductor has a voltage rating greater than 80
volts and not exceeding 1000 volts; and (3)
at least one electrical conductor is stranded
and has a size not less than 16.5 thousand
circular mil (kcmil) and not greater than 1000
kcmil. The assembly may: (1) Include a
grounding or neutral conductor; (2) be clad
with aluminum, steel, or other base metal; or
(3) include a steel support center wire, one
or more connectors, a tape shield, a jacket or
other covering, and/or filler materials.
Most aluminum wire and cable products
conform to National Electrical Code (NEC)
types THHN, THWN, THWN–2, XHHW–2,
USE, USE–2, RHH, RHW, or RHW–2, and
also conform to Underwriters Laboratories
(UL) standards UL–44, UL–83, UL–758, UL–
854, UL–1063, UL–1277, UL–1569, UL–1581,
or UL–4703, but such conformity is not
required for the merchandise to be included
within the scope.
The scope of the orders 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 orders 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 orders
is dispositive.
[FR Doc. 2019–27641 Filed 12–20–19; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70496-70498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27641]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095, C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Antidumping Duty and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC),
Commerce is issuing antidumping duty
[[Page 70497]]
(AD) and countervailing duty (CVD) orders on imports of aluminum wire
and cable from the People's Republic of China (China).
DATES: Applicable December 23, 2019.
FOR FURTHER INFORMATION CONTACT: Nancy Decker or Caitlin Monks at (202)
482-0196 and (202) 482-2670, respectively, AD/CVD Operations, Office
VII, Enforcement and Compliance, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(d) and 735(d) of the Tariff Act of
1930, as amended (the Act), on October 30, 2019, Commerce published its
affirmative final determination in the less-than-fair-value (LTFV)
investigation of aluminum wire and cable from China, and its
affirmative final determination that countervailable subsidies are
being provided to producers and exporters of aluminum wire and cable
from China.\1\ On December 16, 2019, the ITC notified Commerce of its
final affirmative determinations that an industry in the United States
is materially injured by reason of LTFV imports and subsidized imports
of aluminum wire and cable from China, within the meaning of sections
705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Act.\2\
---------------------------------------------------------------------------
\1\ See Aluminum Wire and Cable from the People's Republic of
China: Final Affirmative Determination of Sales at Less Than Fair
Value, 84 FR 58134 (October 30, 2019) (AD Final Determination); see
also Aluminum Wire and Cable from the People's Republic of China:
Final Affirmative Countervailing Duty Determination, 84 FR 58137
(October 30, 2019) (CVD Final Determination).
\2\ See ITC's Letter, ``Notification of ITC Final
Determinations,'' dated December 16, 2019 (ITC Notification); see
also Aluminum Wire and Cable from China, Inv. No. 701-TA-611 and
731-TA-1428 (USITC Publication 5001).
---------------------------------------------------------------------------
Scope of the Orders
The products covered by these orders are aluminum wire and cable
from China. For a complete description of the scope of the orders, see
the Appendix to this notice.
AD Order
As stated above, on December 16, 2019, in accordance with section
735(d) of the Act, the ITC notified Commerce of its final determination
that an industry in the United States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the Act by reason of imports of
aluminum wire and cable from China that are sold in the United States
at LTFV. Therefore, in accordance with section 735(c)(2) of the Act, we
are issuing this AD order. Because the ITC determined that imports of
aluminum wire and cable from China are materially injuring a U.S.
industry, unliquidated entries of such merchandise from China entered,
or withdrawn from warehouse, for consumption are subject to the
assessment of antidumping duties.
Therefore, in accordance with section 736(a)(1) of the Act,
Commerce will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by Commerce, antidumping duties equal
to the amount by which the normal value of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of aluminum wire and cable from China. Antidumping
duties will be assessed on unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
on or after June 5, 2019, the date of publication of the AD Preliminary
Determination,\3\ but will not include entries occurring after the
expiration of the provisional measures period and before publication of
the ITC's final injury determination, as further described below.
---------------------------------------------------------------------------
\3\ 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) (AD Preliminary Determination).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation--AD
In accordance with section 736 of the Act, we will instruct CBP to
continue the suspension of liquidation on entries of aluminum wire and
cable from China, effective on the date of publication in the Federal
Register of the ITC's final affirmative injury determination. These
instructions suspending liquidation will remain in effect until further
notice.
We will also instruct CBP to require cash deposits equal to the
amounts indicated below. Accordingly, effective on the date of
publication in the Federal Register of the ITC's final affirmative
injury determination, CBP will require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit equal to the exporter/producer-specific estimated
weighted-average dumping margins listed below. As stated in the AD
Final Determination, Commerce made certain adjustments for export
subsidies from the CVD Final Determination to the estimated weighted-
average dumping margins to determine each of the cash deposit rates.
----------------------------------------------------------------------------------------------------------------
Estimated Cash deposit
weighted - rate
average (adjusted for
Exporter Producer dumping subsidy
margin offsets)
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Changfeng Wire & Cable Co., Ltd............... Changfeng Wire & Cable Co., Ltd. 58.51 47.83
Wuxi Jiangnan Cable Co., Ltd.................. Wuxi Jiangnan Cable Co., Ltd.... 58.51 47.83
China-wide entity............................. ................................ 63.47 52.79
----------------------------------------------------------------------------------------------------------------
Provisional Measures--AD
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
Commerce to extend that four-month period to no more than six months.
At the request of exporters that account for a significant proportion
of aluminum wire and cable from China, Commerce extended the four-month
period to six months in this proceeding.\4\ In the underlying
investigation, Commerce published the AD Preliminary Determination on
June 5, 2019. Therefore, the extended period, beginning on the date of
publication of the AD Preliminary Determination, ended on December 1,
2019. Furthermore, section 737(b) of the Act states that definitive
duties are to begin on the date of publication of the ITC's final
injury determination.
---------------------------------------------------------------------------
\4\ Id.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, Commerce will instruct CBP to
[[Page 70498]]
terminate the suspension of liquidation and to liquidate, without
regard to antidumping duties, unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
after December 1, 2019, the date on which the provisional measures
expired, until and through the day preceding the date of publication of
the ITC's final injury determination in the Federal Register.
Suspension of liquidation will resume on the date of publication of the
ITC's final determination in the Federal Register.
CVD Order
As stated above, on December 16, 2019, in accordance with section
705(d) of the Act, the ITC notified Commerce of its final determination
that the industry in the United States producing aluminum wire and
cable is materially injured within the meaning of section
705(b)(1)(A)(i) of the Act by reason of subsidized imports of aluminum
wire and cable from China.\5\ Therefore, in accordance with section
705(c)(2) of the Act, we are issuing this CVD order.
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\5\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 706(a) of the Act, Commerce will direct CBP to assess, upon
further instruction by Commerce, countervailing duties on unliquidated
entries of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after April 8, 2019, the date on which
Commerce published the CVD Preliminary Determination \6\ and before
August 6, 2019, the effective date on which Commerce instructed CBP to
discontinue the suspension of liquidation in accordance with section
703(d) of the Act. Section 703(d) of the Act states that the suspension
of liquidation pursuant to a preliminary determination may not remain
in effect for more than 120 days. Therefore, entries of subject
merchandise from China made on or after August 6, 2019, and prior to
the date of publication of the ITC's final determination in the Federal
Register, are not subject to the assessment of countervailing duties
due to Commerce's discontinuation of the suspension of liquidation.
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\6\ See Aluminum Wire and Cable from the People's Republic of
China: Preliminary Affirmative Countervailing Duty Determination,
and Alignment of Final Determination with Final Antidumping Duty
Determination, 84 FR 13886 (April 8, 2019) (CVD Preliminary
Determination).
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Suspension of Liquidation--CVD
In accordance with section 706 of the Act, Commerce will direct CBP
to reinstitute the suspension of liquidation of subject merchandise
from China, effective on the date of publication of the ITC's final
affirmative injury determination in the Federal Register, and to
assess, upon further instruction by Commerce pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of aluminum
wire and cable in an amount based on the net countervailable subsidy
rates for the subject merchandise. On or after the date of publication
of the ITC's final injury determination in the Federal Register,
Commerce will instruct CBP to require, at the same time as importers
would normally deposit estimated duties on the subject merchandise, a
cash deposit for each entry of subject merchandise equal to the subsidy
rates listed below.\7\ The all-others rate applies to all producers or
exporters not specifically listed below, as appropriate.
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\7\ See section 706(a)(3) of the Act.
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Subsidy rate
Producer/exporter (percent)
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Shanghai Silin Special Equipment Co., Ltd \8\........... 165.63
Changfeng Wire & Cable Co., Ltd......................... 33.44
Shanghai Yang Pu Qu Gong................................ 165.63
All Others.............................................. 33.44
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Provisional Measures--CVD
Section 703(d) of the Act states that the suspension of liquidation
pursuant to an affirmative preliminary determination may not remain in
effect for more than four months. Commerce published the affirmative
Preliminary Determination on April 8, 2019. Therefore, the four-month
period beginning on the date of the publication of the Preliminary
Determination ended on August 5, 2019.
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\8\ As discussed in the Preliminary Determination PDM, Commerce
has also assigned Silin's rate to the entity named as cross-owned in
its affiliation questionnaire response: Jiangxi Silin International
Cable Co., Ltd.
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In accordance with section 733(d) of the Act, Commerce instructed
CBP to terminate the suspension of liquidation and to liquidate,
without regard to CVD duties, unliquidated entries of aluminum wire and
cable from China entered, or withdrawn from warehouse, for consumption
on or after August 6, 2019, the date on which the provisional CVD
measures expired, through the day preceding the date of publication of
the ITC final injury determinations in the Federal Register. Suspension
of liquidation will resume on the date of publication of the ITC final
injury determination in the Federal Register.
Notification to Interested Parties
This notice constitutes the AD and CVD orders with respect to
aluminum wire and cable from China pursuant to sections 706(a) and
736(a) of the Act. Interested parties can find a list of orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are published in accordance with sections 706(a) and
736(a) of the Act and 19 CFR 351.211(b).
Dated: December 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Orders
The scope of these orders covers aluminum wire and cable, which
is defined as an assembly of one or more electrical conductors made
from 8000 Series Aluminum Alloys (defined in accordance with ASTM
B800), Aluminum Alloy 1350 (defined in accordance with ASTM B230/
B230M or B609/B609M), and/or Aluminum Alloy 6201 (defined in
accordance with ASTM B398/B398M), provided that: (1) At least one of
the electrical conductors is insulated; (2) each insulated
electrical conductor has a voltage rating greater than 80 volts and
not exceeding 1000 volts; and (3) at least one electrical conductor
is stranded and has a size not less than 16.5 thousand circular mil
(kcmil) and not greater than 1000 kcmil. The assembly may: (1)
Include a grounding or neutral conductor; (2) be clad with aluminum,
steel, or other base metal; or (3) include a steel support center
wire, one or more connectors, a tape shield, a jacket or other
covering, and/or filler materials.
Most aluminum wire and cable products conform to National
Electrical Code (NEC) types THHN, THWN, THWN-2, XHHW-2, USE, USE-2,
RHH, RHW, or RHW-2, and also conform to Underwriters Laboratories
(UL) standards UL-44, UL-83, UL-758, UL-854, UL-1063, UL-1277, UL-
1569, UL-1581, or UL-4703, but such conformity is not required for
the merchandise to be included within the scope.
The scope of the orders 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 orders 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 orders is dispositive.
[FR Doc. 2019-27641 Filed 12-20-19; 8:45 am]
BILLING CODE 3510-DS-P
