Aluminum Wire and Cable From the People's Republic of China: Initiation of Scope and Circumvention Inquiries of the Antidumping Duty and Countervailing Duty Orders, 72041-72044 [2023-23027]
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72041
Notices
Federal Register
Vol. 88, No. 201
Thursday, October 19, 2023
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
On September 21, 2018, Encore Wire
Corporation and Southwire Company
LLC filed petitions seeking the
imposition of AD and CVD duties on
imports of AWC from China.1 Following
Commerce’s affirmative determinations
of dumping and countervailable
subsidies,2 and the U.S. International
Trade Commission’s (ITC) finding of
material injury,3 Commerce issued the
Orders.4
International Trade Administration
Scope of the Orders
[A–570–095, C–570–096]
The merchandise subject to the
Orders is AWC from China, 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/B609M0), 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.’’ For a full description of the
scope of the Orders, see the Appendix
to this notice.
Aluminum Wire and Cable From the
People’s Republic of China: Initiation
of Scope and Circumvention Inquiries
of the Antidumping Duty and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on available
information, the U.S. Department of
Commerce (Commerce) is self-initiating
scope inquiries, pursuant to the Tariff
Act of 1930, as amended (the Act), to
determine whether imports of
aluminum wire and cable (AWC),
completed in Cambodia, the Republic of
Korea (Korea), and the Socialist
Republic of Vietnam (Vietnam)
(collectively, the third countries) using
AWC inputs manufactured in the
People’s Republic of China (China), are
covered by the antidumping duty (AD)
and countervailing duty (CVD) orders
on AWC from China (collectively, the
Orders). In addition, in accordance with
our regulations, Commerce is also selfinitiating country-wide circumvention
inquiries to determine whether imports
of AWC, if not covered by the scope of
the Orders, are nonetheless
circumventing the Orders, and is
aligning the scope and circumvention
inquiries in accordance with our
regulations.
DATES: Applicable October 19, 2023.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley at (202) 482–3148, AD/
CVD Operations, Office VII or Shawn
Gregor at (202) 482–3226, Office of
Policy, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
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Merchandise Subject to Scope and
Circumvention Inquiries
The scope and circumvention
inquiries cover AWC assembled and
completed in the third countries, using
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); see also Aluminum Wire and Cable from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 83 FR 52805
(October 18, 2018).
2 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); see also Aluminum
Wire and Cable from the People’s Republic of
China: Final Affirmative Countervailing Duty
Determination, 84 FR 58137 (October 30, 2019).
3 See Aluminum Wire and Cable from China;
Determinations, 84 FR 70210 (December 20, 2019);
see also Aluminum Wire and Cable from China, Inv
Nos. 701–TA–611 and 731–TA–1428 (Final), USITC
Pub. 5001 (December 2019).
4 See Aluminum Wire and Cable from the
People’s Republic of China: Antidumping Duty and
Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Orders).
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Chinese-origin AWC inputs (e.g.,
stranded wire and cables or unfinished
AWC), that is subsequently exported
from the third countries to the United
States. Specifically, Commerce placed
information on the administrative
record, as attachments to its Initiation
Memorandum, that AWC inputs
produced in China undergo further
processing in the third countries before
being exported to the United States.5
Statutory and Regulatory Requirements
To Initiate Scope and Circumvention
Inquiries
Section 351.225(b) of Commerce’s
regulations states that if Commerce
‘‘determines from available information
that an inquiry is warranted to
determine whether a product is covered
by the scope of an order,’’ then
Commerce ‘‘may initiate a scope inquiry
and publish a notice of initiation in the
Federal Register.’’
Additionally, 19 CFR 351.226(b)
states that if Commerce ‘‘determines
from available information that an
inquiry is warranted into the question of
whether the elements necessary for a
circumvention determination under
section 781 of the Act exist,’’ Commerce
‘‘may initiate a circumvention inquiry
and publish a notice of initiation in the
Federal Register.’’ Section 781(b)(1) of
the Act provides that Commerce may
find circumvention of an AD or CVD
order when merchandise of the same
class or kind subject to the order is
completed or assembled in a foreign
country other than the country to which
the order applies. In conducting
circumvention inquiries, under section
781(b)(1) of the Act, Commerce
considers the following criteria: (A) the
merchandise imported into the United
States is of the same class or kind as any
merchandise produced in a foreign
country that is the subject of an
antidumping or countervailing duty
order or finding; (B) before importation
into the United States, such imported
merchandise is completed or assembled
5 See Memorandum, ‘‘Aluminum Wire and Cable
from the People’s Republic of China: Initiation of
Circumvention and Scope Inquiries on the
Antidumping Duty and Countervailing Duty
Orders,’’ dated concurrently with, and hereby
adopted by, this notice (Initiation Memorandum).
This 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.
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in another foreign country from
merchandise which is subject to the
order or merchandise which is
produced in the foreign country that is
subject to the order; (C) the process of
assembly or completion in the foreign
country referred to in section (B) is
minor or insignificant; (D) the value of
the merchandise produced in the
foreign country to which the AD or CVD
order applies is a significant portion of
the total value of the merchandise
exported to the United States; and (E)
the administering authority determines
that action is appropriate to prevent
evasion of such order or finding.
In determining whether or not the
process of assembly or completion in a
third country is minor or insignificant
under section 781(b)(1)(C) of the Act,
section 781(b)(2) of the Act directs
Commerce to consider: (A) the level of
investment in the foreign country; (B)
the level of research and development
in the foreign country; (C) the nature of
the production process in the foreign
country; (D) the extent of production
facilities in the foreign country; and (E)
whether or not the value of processing
performed in the foreign country
represents a small proportion of the
value of the merchandise imported into
the United States. However, no single
factor, by itself, controls Commerce’s
determination of whether the process of
assembly or completion in a third
country is minor or insignificant.6
Accordingly, it is Commerce’s practice
to evaluate each of these five factors as
they exist in the third country, based on
the particular circumvention scenario
presented by the facts collected during
the inquiry.7
In addition, section 781(b)(3) of the
Act sets forth additional factors to
consider in determining whether to
include merchandise assembled or
completed in a third country within the
scope of an antidumping and/or
countervailing duty order. Specifically,
Commerce shall take into account such
factors as: (A) the pattern of trade,
including sourcing patterns; (B) whether
the manufacturer or exporter of the
merchandise is affiliated with the
person who, in the third country, uses
the merchandise to complete or
assemble the merchandise which is
subsequently imported into the United
States; and (C) whether imports of the
6 See Statement of Administrative Action
Accompanying the Uruguay Round Agreements
Act, H.R. Doc. No. 103–316, Vol. I (1994) at 893.
7 Id.; see also Uncovered Innerspring Units from
the People’s Republic of China: Final Affirmative
Determination of Circumvention of the
Antidumping Duty Order, 83 FR 65626 (December
21, 2018), and accompanying Issues and Decision
Memorandum at 4.
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merchandise into the third country have
increased after the initiation of the
investigation that resulted in the
issuance of such order or finding.
Available Information Supports
Initiation of Scope and Circumvention
Inquiries
Commerce is self-initiating these
scope inquiries to determine if AWC
inputs produced in China and further
processed in the third countries before
being exported to the United States meet
the scope description.8 We are seeking
to determine whether in-scope AWC
inputs leave China and undergo minor
processing in the third countries before
being exported to the United States. If
the Chinese-origin, in-scope
merchandise that undergoes minor
processing in the third countries results
in merchandise that still corresponds to
the description of in-scope merchandise
outlined in the Orders, Commerce will
find that the merchandise meeting the
scope description is covered by the
Orders. For those products for which
Commerce finds that the merchandise is
covered by the Orders, Commerce may
rescind the circumvention inquiries,
pursuant to 19 CFR 351.226(f)(6).
Based on available information, we
also determine that initiation of these
circumvention inquiries is warranted to
determine whether certain imports of
AWC, completed in the third countries
using AWC inputs manufactured in
China, are circumventing the Orders.9
8 See Initiation Memorandum. As explained in
the Initiation Memorandum, the available
information supports initiating these scope
inquiries on a country-wide basis. Commerce has
taken this approach in prior scope inquiries, where
the facts supported initiation on a country-wide
basis. See, e.g., Quartz Surface Products from the
People’s Republic of China: Initiation of Scope and
Circumvention Inquiries of the Antidumping Duty
and Countervailing Duty Orders, 87 FR 6844
(February 7, 2022); and Stainless Steel Sheet and
Strip from the People’s Republic of China: Initiation
of Anti-Circumvention and Scope Inquiries on the
Antidumping and Countervailing Duty Orders, 85
FR 29401, 29402 (May 15, 2020). Pursuant to 19
CFR 351.225(m), even if Commerce initiates a scope
inquiry on a country-wide basis, if it subsequently
finds that the merchandise is subject to the scope
of the order, it is not required to apply its ultimate
determination on a country-wide basis but has the
discretion to apply the determination as it deems
appropriate.
9 See Initiation Memorandum. As explained in
the Initiation Memorandum, the available
information supports initiating these circumvention
inquiries on a country-wide basis. Commerce has
taken this approach in prior circumvention
inquiries, where the facts supported initiation on a
country-wide basis. See, e.g., Quartz Surface
Products from the People’s Republic of China:
Initiation of Scope and Circumvention Inquiries of
the Antidumping Duty and Countervailing Duty
Orders, 87 FR 6844 (February 7, 2022); see also Oil
Country Tubular Goods from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping and Countervailing Duty
Orders, 85 FR 71877, 71878–79 (November 12,
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Commerce has made this determination
in accordance with its analysis of the
factors set forth in section 781(b) of the
Act and 19 CFR 351.226(i).10
Commerce has determined that it is
appropriate to first determine whether
the merchandise is subject to the scope
of the Orders through scope inquiries,
before considering whether the
merchandise is circumventing the
Orders. Accordingly, Commerce will
initially conduct its scope inquiries of
the merchandise at issue, and then once
it has made a determination as to the
scope coverage status of the
merchandise, it will determine whether
to continue with the circumvention
inquiries. Commerce may apply its
scope determinations, in accordance
with 19 CFR 351.225(m)(1), on a
producer-specific, exporter-specific, or
importer-specific basis, or on a countrywide basis, regardless of the producer,
exporter, or importer of the products
being exported from the third countries
to the United States.
If Commerce determines that AWC
inputs produced in China and further
processed in the third countries before
being exported to the United States are
not subject to the scope of the Orders,
in whole or in part, Commerce intends
to continue with the circumvention
inquiries of that merchandise. If, as a
result of the circumvention inquiries,
Commerce determines that the products
subject to the inquiries are
circumventing the Orders, then in
accordance with 19 CFR 351.226(m)(1),
Commerce may apply its determination
on a producer-specific, exporterspecific, or import-specific basis, or on
a country-wide basis, regardless of the
2020); Stainless Steel Sheet and Strip from the
People’s Republic of China: Initiation of AntiCircumvention and Scope Inquiries on the
Antidumping and Countervailing Duty Orders, 85
FR 29401, 29402 (May 15, 2020); CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders, 84 FR 43585 (August 21, 2019); Steel ButtWeld Pipe Fittings from the People’s Republic of
China: Initiation of Anti-Circumvention Inquiry on
the Antidumping Duty Order, 82 FR 40556, 40560
(August 25, 2017) (stating at initiation that
Commerce would evaluate the extent to which a
country-wide finding applicable to all exports
might be warranted); and Certain CorrosionResistant Steel Products from the People’s Republic
of China: Initiation of Anti-Circumvention Inquiries
on the Antidumping Duty and Countervailing Duty
Orders, 81 FR 79454, 79458 (November 14, 2016)
(stating at initiation that Commerce would evaluate
the extent to which a country-wide finding
applicable to all exports might be warranted).
Pursuant to 19 CFR 351.226(m), even if Commerce
initiates a circumvention inquiry on a country-wide
basis, if it subsequently finds circumvention to
exist, it is not required to apply its ultimate
determination on a country-wide basis but has the
discretion to apply that circumvention
determination as it deems appropriate.
10 See Initiation Memorandum.
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producer, exporter, or importer of the
products being exported from the third
countries to the United States.
Pursuant to 19 CFR 351.225(f)(7) and
226(f)(7), Commerce may ‘‘alter or
extend’’ time limits under the scope and
circumvention inquiries as necessary to
make certain all parties to each or both
segments of the proceedings are able to
file comments and factual information
as necessary.
Consistent with the approach taken in
prior scope and circumvention inquiries
that Commerce initiated on a countrywide basis, we intend to solicit
information from certain companies in
the third countries concerning their
production of AWC and their shipments
thereof to the United States. A
company’s failure to completely
respond to Commerce’s requests for
information may result in the
application of partial or total facts
available, pursuant to section 776(a) of
the Act, which may include adverse
inferences, pursuant to section 776(b) of
the Act.
Respondent Selection
Commerce intends to base respondent
selection on responses to quantity and
value questionnaires. Commerce intends
to identify the companies to which it
will issue the quantity and value
questionnaire, in part, based on U.S.
Customs and Border Protection (CBP)
data. Parties to which Commerce does
not issue the quantity and value
questionnaire may also respond to the
quantity and value questionnaire, which
will be available in ACCESS, by the
applicable deadline. Commerce intends
to place the CBP data on the record
within five days of publication of the
initiation notice. Comments regarding
the CBP data and respondent selection
should be submitted within seven days
after placement of the CBP data on the
record of the relevant inquiry.
Suspension of Liquidation
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(1) Scope Inquiries
Pursuant to 19 CFR 351.225(l)(1),
when Commerce self-initiates a scope
inquiry under 19 CFR 351.225(b),
Commerce will notify CBP of the
initiation and direct CBP to continue the
suspension of liquidation of entries of
products subject to the scope inquiry
that were already subject to the
suspension of liquidation, and to apply
the cash deposit rate that would be
applicable if the product were
determined to be covered by the scope
of the order. Accordingly, Commerce
will notify CBP of the initiation of the
scope inquiries and direct CBP to
continue to suspend (unliquidated)
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entries of the products subject to the
scope inquiries that were already
covered by the suspension of
liquidation. In addition, Commerce will
direct CBP to apply the cash deposit rate
that would be applicable if the products
were determined to be covered by the
scope of the Orders.
Should Commerce issue preliminary
or final scope rulings, Commerce will
follow the suspension of liquidation
rules under 19 CFR 351.225(l)(2)–(4). In
the event that Commerce issues
preliminary or final scope rulings that
the products are covered by the scope of
the Orders, Commerce will instruct CBP
to continue the suspension of
liquidation of previously suspended
entries and to apply the applicable cash
deposit rate. Commerce will also
instruct CBP to begin the suspension of
liquidation and application of cash
deposits for any unliquidated entries
not yet suspended, entered, or
withdrawn from warehouse, for
consumption, on or after the date of
initiation of the scope inquiries
pursuant to paragraphs (l)(2)(ii) and
(l)(3)(ii). In addition, pursuant to
paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A),
Commerce normally will instruct CBP to
begin the suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, prior to the date of
initiation of the scope inquiry, but not
for such entries prior to November 4,
2021, the effective date of these
provisions in the Final Rule.11 These
rules will not affect CBP’s authority to
take any additional action with respect
to the suspension of liquidation or
related measures for these entries, as
stated in 19 CFR 351.225(l)(5).
(2) Circumvention Inquiries
Pursuant to 19 CFR 351.226(l)(1),
when Commerce self-initiates a
circumvention inquiry under 19 CFR
351.226(b), Commerce will notify CBP
of the initiation and direct CBP to
continue the suspension of liquidation
of entries of products covered by the
circumvention inquiry that were already
covered by the suspension of
liquidation, and to apply the cash
deposit rate that would be applicable if
the product were determined to be
circumventing the order. Accordingly,
Commerce will notify CBP of the
initiation of the circumvention inquiries
and direct CBP to continue to suspend
(unliquidated) entries of the products
11 See Regulations to Improve Administration and
Enforcement of Antidumping and Countervailing
Duty Laws, 86 FR 52300, 52327 (September 20,
2021) (Final Rule).
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72043
covered by the circumvention inquiries
that were already covered by the
suspension of liquidation. In addition,
Commerce will direct CBP to apply the
cash deposit rate that would be
applicable if the products were
determined to be circumventing the
Orders.
Should Commerce issue preliminary
or final circumvention determinations,
Commerce will follow the suspension of
liquidation rules under 19 CFR
351.226(l)(2)–(4). In the event that
Commerce issues affirmative
preliminary or final circumvention
determinations that the products are
circumventing the Orders, Commerce
will instruct CBP to continue the
suspension of liquidation of previously
suspended entries and to apply the
applicable cash deposit rate. Commerce
will also instruct CBP to begin the
suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, on or after the date of
publication of the notice of initiation of
the circumvention inquiries pursuant to
paragraphs (l)(2)(ii) and (l)(3)(ii). In
addition, pursuant to paragraphs
(l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce
may instruct CBP to begin the
suspension of liquidation and
application of cash deposits for any
unliquidated entries not yet suspended,
entered, or withdrawn from warehouse,
for consumption, prior to the date of
initiation of the circumvention inquiry,
but not for such entries prior to
November 4, 2021, the effective date of
these provisions in the Final Rule.12
These rules will not affect CBP’s
authority to take any additional action
with respect to the suspension of
liquidation or related measures for these
entries, as stated in 19 CFR
351.226(l)(5).
Notification to Interested Parties
In accordance with 19 CFR 351.225(b)
and 226(b), and section 781(b) of the
Act, Commerce determines that
available information supports initiating
both scope and circumvention inquiries
to determine whether certain imports of
AWC, completed in and exported from
the third countries using AWC inputs
manufactured in China, are subject to or
circumventing the Orders. Accordingly,
Commerce is notifying all interested
parties of the initiation of scope and
circumvention inquiries. In addition, we
have included a description of the
products that are the subject of these
inquiries, and an explanation of the
reasons for Commerce’s decision to
12 Id.,
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initiate these inquiries as provided
above and in the accompanying
Initiation Memo. Pursuant to 19 CFR
351.225(e)(3) and 226(e)(3), due to the
interrelated nature of the scope and
circumvention inquiries, Commerce is
aligning the deadlines for the scope
inquiries with the circumvention
inquiries and will conduct the scope
inquiries first for the reasons explained
above.
Pursuant to 19 CFR 351.225(f)(1),
interested parties have until 30 days
after publication of this notice in the
Federal Register to submit one set of
comments and factual information
addressing the self-initiation of the
scope inquiries.
Under 19 CFR 351.225(l)(2)(iii)(B) and
(l)(3)(iii)(B), interested parties may
timely request that Commerce adopt an
alternative date to begin the suspension
of liquidation and application of cash
deposits under paragraphs (l)(2)(ii)(A)
and (l)(3)(iii)(A). A request for
Commerce to adopt an alternative date
must be based on a specific argument
supported by evidence establishing the
appropriateness of that alternative
date.13 If parties wish to make such a
request, that request must be included
with the set of comments and factual
information submitted to Commerce
pursuant to 19 CFR 351.225(f)(1).
Within 14 days of the filing of such
comments, any interested party is
permitted one opportunity to submit
comments and factual information to
rebut, clarify, or correct factual
information submitted by the other
interested parties (including rebuttal in
response to any requests made under 19
CFR 351.225(l)(2)(iii)(B) and
(l)(3)(iii)(B)). At this time, we are not
soliciting or accepting comments on the
self-initiation of the circumvention
inquiries. Should Commerce determine
to proceed with the circumvention
inquiries after finalizing its scope
determinations, Commerce will notify
interested parties on the segmentspecific service list of an opportunity to
comment.
In accordance with section 19 CFR
351.225(e), unless the scope inquiries
are rescinded, in whole or in part,
Commerce intends to issue its final
scope rulings within 120 days after the
date on which the scope inquiries were
initiated. Furthermore, in accordance
with section 781(f) of the Act and 19
CFR 351.226(e)(2), unless the
circumvention inquiries are rescinded,
in whole or in part, Commerce intends
to issue its final circumvention
determinations within 300 days from
the date of publication of the notice of
13 Id.,
86 FR at 52326–29, for further information.
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initiation of a circumvention inquiries
in the Federal Register.
Dated: October 11, 2023.
Lisa W. Wang,
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. 2023–23027 Filed 10–18–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting of a
Federal advisory committee.
AGENCY:
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The Environmental
Technologies Trade Advisory
Committee (ETTAC) will hold a hybrid
meeting, accessible in-person and
online, on Tuesday, November 14, 2023
at the U.S. Department of Commerce in
Washington, DC. The meeting is open to
the public with registration instructions
provided below. This notice sets forth
the schedule and proposed topics for
the meeting.
DATES: The meeting is scheduled for
Tuesday, November 14, 2023 from 9:30
a.m. to 3:00 p.m. Eastern Standard Time
(EST). The deadline for members of the
public to register to participate,
including requests to make comments
during the meeting and for auxiliary
aids, or to submit written comments for
dissemination prior to the meeting, is
5:00 p.m. EST on Friday, November 3,
2023.
ADDRESSES: The meeting will be held
virtually as well as in-person in the
Commerce Research Library at the U.S.
Department of Commerce Herbert Clark
Hoover Building, 1401 Constitution
Avenue NW, Washington, DC 20230.
Requests to register to participate inperson or virtually (including to speak
or for auxiliary aids) and any written
comments should be submitted via
email to Ms. Megan Hyndman, Office of
Energy & Environmental Industries,
International Trade Administration, at
Megan.Hyndman@trade.gov. This
meeting has a limited number of spaces
for members of the public to attend inperson. Requests to participate inperson will be considered on a firstcome, first-served basis.
FOR FURTHER INFORMATION CONTACT: Ms.
Megan Hyndman, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–823–
1839; email: Megan.Hyndman@
trade.gov).
SUPPLEMENTARY INFORMATION: The
ETTAC is mandated by section 2313(c)
of the Export Enhancement Act of 1988,
as amended, 15 U.S.C. 4728(c), to advise
the Environmental Trade Working
Group of the Trade Promotion
Coordinating Committee, through the
Secretary of Commerce, on the
development and administration of
programs to expand U.S. exports of
environmental technologies, goods,
services, and products. The ETTAC was
most recently re-chartered through
August 16, 2024.
On Tuesday, November 14, 2023 from
9:30 a.m. to 3:00 p.m. EST, the ETTAC
will hold the fourth meeting of its
current charter term. During the
meeting, committee members will
participate in breakout discussions to
discuss issues of interest to specific
SUMMARY:
E:\FR\FM\19OCN1.SGM
19OCN1
]]>Agencies
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Notices]
[Pages 72041-72044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23027]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 /
Notices
[[Page 72041]]
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095, C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Initiation of Scope and Circumvention Inquiries of the Antidumping Duty
and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on available information, the U.S. Department of
Commerce (Commerce) is self-initiating scope inquiries, pursuant to the
Tariff Act of 1930, as amended (the Act), to determine whether imports
of aluminum wire and cable (AWC), completed in Cambodia, the Republic
of Korea (Korea), and the Socialist Republic of Vietnam (Vietnam)
(collectively, the third countries) using AWC inputs manufactured in
the People's Republic of China (China), are covered by the antidumping
duty (AD) and countervailing duty (CVD) orders on AWC from China
(collectively, the Orders). In addition, in accordance with our
regulations, Commerce is also self-initiating country-wide
circumvention inquiries to determine whether imports of AWC, if not
covered by the scope of the Orders, are nonetheless circumventing the
Orders, and is aligning the scope and circumvention inquiries in
accordance with our regulations.
DATES: Applicable October 19, 2023.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley at (202) 482-3148, AD/CVD
Operations, Office VII or Shawn Gregor at (202) 482-3226, Office of
Policy, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On September 21, 2018, Encore Wire Corporation and Southwire
Company LLC filed petitions seeking the imposition of AD and CVD duties
on imports of AWC from China.\1\ Following Commerce's affirmative
determinations of dumping and countervailable subsidies,\2\ and the
U.S. International Trade Commission's (ITC) finding of material
injury,\3\ Commerce issued the Orders.\4\
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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); see also Aluminum Wire and Cable from the
People's Republic of China: Initiation of Countervailing Duty
Investigation, 83 FR 52805 (October 18, 2018).
\2\ 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); see also Aluminum Wire and
Cable from the People's Republic of China: Final Affirmative
Countervailing Duty Determination, 84 FR 58137 (October 30, 2019).
\3\ See Aluminum Wire and Cable from China; Determinations, 84
FR 70210 (December 20, 2019); see also Aluminum Wire and Cable from
China, Inv Nos. 701-TA-611 and 731-TA-1428 (Final), USITC Pub. 5001
(December 2019).
\4\ See Aluminum Wire and Cable from the People's Republic of
China: Antidumping Duty and Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Orders).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise subject to the Orders is AWC from China, 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/B609M0), 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.'' For a full description of the scope of the Orders, see the
Appendix to this notice.
Merchandise Subject to Scope and Circumvention Inquiries
The scope and circumvention inquiries cover AWC assembled and
completed in the third countries, using Chinese-origin AWC inputs
(e.g., stranded wire and cables or unfinished AWC), that is
subsequently exported from the third countries to the United States.
Specifically, Commerce placed information on the administrative record,
as attachments to its Initiation Memorandum, that AWC inputs produced
in China undergo further processing in the third countries before being
exported to the United States.\5\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Aluminum Wire and Cable from the People's
Republic of China: Initiation of Circumvention and Scope Inquiries
on the Antidumping Duty and Countervailing Duty Orders,'' dated
concurrently with, and hereby adopted by, this notice (Initiation
Memorandum). This 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.
---------------------------------------------------------------------------
Statutory and Regulatory Requirements To Initiate Scope and
Circumvention Inquiries
Section 351.225(b) of Commerce's regulations states that if
Commerce ``determines from available information that an inquiry is
warranted to determine whether a product is covered by the scope of an
order,'' then Commerce ``may initiate a scope inquiry and publish a
notice of initiation in the Federal Register.''
Additionally, 19 CFR 351.226(b) states that if Commerce
``determines from available information that an inquiry is warranted
into the question of whether the elements necessary for a circumvention
determination under section 781 of the Act exist,'' Commerce ``may
initiate a circumvention inquiry and publish a notice of initiation in
the Federal Register.'' Section 781(b)(1) of the Act provides that
Commerce may find circumvention of an AD or CVD order when merchandise
of the same class or kind subject to the order is completed or
assembled in a foreign country other than the country to which the
order applies. In conducting circumvention inquiries, under section
781(b)(1) of the Act, Commerce considers the following criteria: (A)
the merchandise imported into the United States is of the same class or
kind as any merchandise produced in a foreign country that is the
subject of an antidumping or countervailing duty order or finding; (B)
before importation into the United States, such imported merchandise is
completed or assembled
[[Page 72042]]
in another foreign country from merchandise which is subject to the
order or merchandise which is produced in the foreign country that is
subject to the order; (C) the process of assembly or completion in the
foreign country referred to in section (B) is minor or insignificant;
(D) the value of the merchandise produced in the foreign country to
which the AD or CVD order applies is a significant portion of the total
value of the merchandise exported to the United States; and (E) the
administering authority determines that action is appropriate to
prevent evasion of such order or finding.
In determining whether or not the process of assembly or completion
in a third country is minor or insignificant under section 781(b)(1)(C)
of the Act, section 781(b)(2) of the Act directs Commerce to consider:
(A) the level of investment in the foreign country; (B) the level of
research and development in the foreign country; (C) the nature of the
production process in the foreign country; (D) the extent of production
facilities in the foreign country; and (E) whether or not the value of
processing performed in the foreign country represents a small
proportion of the value of the merchandise imported into the United
States. However, no single factor, by itself, controls Commerce's
determination of whether the process of assembly or completion in a
third country is minor or insignificant.\6\ Accordingly, it is
Commerce's practice to evaluate each of these five factors as they
exist in the third country, based on the particular circumvention
scenario presented by the facts collected during the inquiry.\7\
---------------------------------------------------------------------------
\6\ See Statement of Administrative Action Accompanying the
Uruguay Round Agreements Act, H.R. Doc. No. 103-316, Vol. I (1994)
at 893.
\7\ Id.; see also Uncovered Innerspring Units from the People's
Republic of China: Final Affirmative Determination of Circumvention
of the Antidumping Duty Order, 83 FR 65626 (December 21, 2018), and
accompanying Issues and Decision Memorandum at 4.
---------------------------------------------------------------------------
In addition, section 781(b)(3) of the Act sets forth additional
factors to consider in determining whether to include merchandise
assembled or completed in a third country within the scope of an
antidumping and/or countervailing duty order. Specifically, Commerce
shall take into account such factors as: (A) the pattern of trade,
including sourcing patterns; (B) whether the manufacturer or exporter
of the merchandise is affiliated with the person who, in the third
country, uses the merchandise to complete or assemble the merchandise
which is subsequently imported into the United States; and (C) whether
imports of the merchandise into the third country have increased after
the initiation of the investigation that resulted in the issuance of
such order or finding.
Available Information Supports Initiation of Scope and Circumvention
Inquiries
Commerce is self-initiating these scope inquiries to determine if
AWC inputs produced in China and further processed in the third
countries before being exported to the United States meet the scope
description.\8\ We are seeking to determine whether in-scope AWC inputs
leave China and undergo minor processing in the third countries before
being exported to the United States. If the Chinese-origin, in-scope
merchandise that undergoes minor processing in the third countries
results in merchandise that still corresponds to the description of in-
scope merchandise outlined in the Orders, Commerce will find that the
merchandise meeting the scope description is covered by the Orders. For
those products for which Commerce finds that the merchandise is covered
by the Orders, Commerce may rescind the circumvention inquiries,
pursuant to 19 CFR 351.226(f)(6).
---------------------------------------------------------------------------
\8\ See Initiation Memorandum. As explained in the Initiation
Memorandum, the available information supports initiating these
scope inquiries on a country-wide basis. Commerce has taken this
approach in prior scope inquiries, where the facts supported
initiation on a country-wide basis. See, e.g., Quartz Surface
Products from the People's Republic of China: Initiation of Scope
and Circumvention Inquiries of the Antidumping Duty and
Countervailing Duty Orders, 87 FR 6844 (February 7, 2022); and
Stainless Steel Sheet and Strip from the People's Republic of China:
Initiation of Anti-Circumvention and Scope Inquiries on the
Antidumping and Countervailing Duty Orders, 85 FR 29401, 29402 (May
15, 2020). Pursuant to 19 CFR 351.225(m), even if Commerce initiates
a scope inquiry on a country-wide basis, if it subsequently finds
that the merchandise is subject to the scope of the order, it is not
required to apply its ultimate determination on a country-wide basis
but has the discretion to apply the determination as it deems
appropriate.
---------------------------------------------------------------------------
Based on available information, we also determine that initiation
of these circumvention inquiries is warranted to determine whether
certain imports of AWC, completed in the third countries using AWC
inputs manufactured in China, are circumventing the Orders.\9\ Commerce
has made this determination in accordance with its analysis of the
factors set forth in section 781(b) of the Act and 19 CFR
351.226(i).\10\
---------------------------------------------------------------------------
\9\ See Initiation Memorandum. As explained in the Initiation
Memorandum, the available information supports initiating these
circumvention inquiries on a country-wide basis. Commerce has taken
this approach in prior circumvention inquiries, where the facts
supported initiation on a country-wide basis. See, e.g., Quartz
Surface Products from the People's Republic of China: Initiation of
Scope and Circumvention Inquiries of the Antidumping Duty and
Countervailing Duty Orders, 87 FR 6844 (February 7, 2022); see also
Oil Country Tubular Goods from the People's Republic of China:
Initiation of Anti-Circumvention Inquiries on the Antidumping and
Countervailing Duty Orders, 85 FR 71877, 71878-79 (November 12,
2020); Stainless Steel Sheet and Strip from the People's Republic of
China: Initiation of Anti-Circumvention and Scope Inquiries on the
Antidumping and Countervailing Duty Orders, 85 FR 29401, 29402 (May
15, 2020); Corrosion-Resistant Steel Products from the People's
Republic of China: Initiation of Anti-Circumvention Inquiries on the
Antidumping Duty and Countervailing Duty Orders, 84 FR 43585 (August
21, 2019); Steel Butt-Weld Pipe Fittings from the People's Republic
of China: Initiation of Anti-Circumvention Inquiry on the
Antidumping Duty Order, 82 FR 40556, 40560 (August 25, 2017)
(stating at initiation that Commerce would evaluate the extent to
which a country-wide finding applicable to all exports might be
warranted); and Certain Corrosion-Resistant Steel Products from the
People's Republic of China: Initiation of Anti-Circumvention
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81
FR 79454, 79458 (November 14, 2016) (stating at initiation that
Commerce would evaluate the extent to which a country-wide finding
applicable to all exports might be warranted). Pursuant to 19 CFR
351.226(m), even if Commerce initiates a circumvention inquiry on a
country-wide basis, if it subsequently finds circumvention to exist,
it is not required to apply its ultimate determination on a country-
wide basis but has the discretion to apply that circumvention
determination as it deems appropriate.
\10\ See Initiation Memorandum.
---------------------------------------------------------------------------
Commerce has determined that it is appropriate to first determine
whether the merchandise is subject to the scope of the Orders through
scope inquiries, before considering whether the merchandise is
circumventing the Orders. Accordingly, Commerce will initially conduct
its scope inquiries of the merchandise at issue, and then once it has
made a determination as to the scope coverage status of the
merchandise, it will determine whether to continue with the
circumvention inquiries. Commerce may apply its scope determinations,
in accordance with 19 CFR 351.225(m)(1), on a producer-specific,
exporter-specific, or importer-specific basis, or on a country-wide
basis, regardless of the producer, exporter, or importer of the
products being exported from the third countries to the United States.
If Commerce determines that AWC inputs produced in China and
further processed in the third countries before being exported to the
United States are not subject to the scope of the Orders, in whole or
in part, Commerce intends to continue with the circumvention inquiries
of that merchandise. If, as a result of the circumvention inquiries,
Commerce determines that the products subject to the inquiries are
circumventing the Orders, then in accordance with 19 CFR 351.226(m)(1),
Commerce may apply its determination on a producer-specific, exporter-
specific, or import-specific basis, or on a country-wide basis,
regardless of the
[[Page 72043]]
producer, exporter, or importer of the products being exported from the
third countries to the United States.
Pursuant to 19 CFR 351.225(f)(7) and 226(f)(7), Commerce may
``alter or extend'' time limits under the scope and circumvention
inquiries as necessary to make certain all parties to each or both
segments of the proceedings are able to file comments and factual
information as necessary.
Consistent with the approach taken in prior scope and circumvention
inquiries that Commerce initiated on a country-wide basis, we intend to
solicit information from certain companies in the third countries
concerning their production of AWC and their shipments thereof to the
United States. A company's failure to completely respond to Commerce's
requests for information may result in the application of partial or
total facts available, pursuant to section 776(a) of the Act, which may
include adverse inferences, pursuant to section 776(b) of the Act.
Respondent Selection
Commerce intends to base respondent selection on responses to
quantity and value questionnaires. Commerce intends to identify the
companies to which it will issue the quantity and value questionnaire,
in part, based on U.S. Customs and Border Protection (CBP) data.
Parties to which Commerce does not issue the quantity and value
questionnaire may also respond to the quantity and value questionnaire,
which will be available in ACCESS, by the applicable deadline. Commerce
intends to place the CBP data on the record within five days of
publication of the initiation notice. Comments regarding the CBP data
and respondent selection should be submitted within seven days after
placement of the CBP data on the record of the relevant inquiry.
Suspension of Liquidation
(1) Scope Inquiries
Pursuant to 19 CFR 351.225(l)(1), when Commerce self-initiates a
scope inquiry under 19 CFR 351.225(b), Commerce will notify CBP of the
initiation and direct CBP to continue the suspension of liquidation of
entries of products subject to the scope inquiry that were already
subject to the suspension of liquidation, and to apply the cash deposit
rate that would be applicable if the product were determined to be
covered by the scope of the order. Accordingly, Commerce will notify
CBP of the initiation of the scope inquiries and direct CBP to continue
to suspend (unliquidated) entries of the products subject to the scope
inquiries that were already covered by the suspension of liquidation.
In addition, Commerce will direct CBP to apply the cash deposit rate
that would be applicable if the products were determined to be covered
by the scope of the Orders.
Should Commerce issue preliminary or final scope rulings, Commerce
will follow the suspension of liquidation rules under 19 CFR
351.225(l)(2)-(4). In the event that Commerce issues preliminary or
final scope rulings that the products are covered by the scope of the
Orders, Commerce will instruct CBP to continue the suspension of
liquidation of previously suspended entries and to apply the applicable
cash deposit rate. Commerce will also instruct CBP to begin the
suspension of liquidation and application of cash deposits for any
unliquidated entries not yet suspended, entered, or withdrawn from
warehouse, for consumption, on or after the date of initiation of the
scope inquiries pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In
addition, pursuant to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A),
Commerce normally will instruct CBP to begin the suspension of
liquidation and application of cash deposits for any unliquidated
entries not yet suspended, entered, or withdrawn from warehouse, for
consumption, prior to the date of initiation of the scope inquiry, but
not for such entries prior to November 4, 2021, the effective date of
these provisions in the Final Rule.\11\ These rules will not affect
CBP's authority to take any additional action with respect to the
suspension of liquidation or related measures for these entries, as
stated in 19 CFR 351.225(l)(5).
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\11\ See Regulations to Improve Administration and Enforcement
of Antidumping and Countervailing Duty Laws, 86 FR 52300, 52327
(September 20, 2021) (Final Rule).
---------------------------------------------------------------------------
(2) Circumvention Inquiries
Pursuant to 19 CFR 351.226(l)(1), when Commerce self-initiates a
circumvention inquiry under 19 CFR 351.226(b), Commerce will notify CBP
of the initiation and direct CBP to continue the suspension of
liquidation of entries of products covered by the circumvention inquiry
that were already covered by the suspension of liquidation, and to
apply the cash deposit rate that would be applicable if the product
were determined to be circumventing the order. Accordingly, Commerce
will notify CBP of the initiation of the circumvention inquiries and
direct CBP to continue to suspend (unliquidated) entries of the
products covered by the circumvention inquiries that were already
covered by the suspension of liquidation. In addition, Commerce will
direct CBP to apply the cash deposit rate that would be applicable if
the products were determined to be circumventing the Orders.
Should Commerce issue preliminary or final circumvention
determinations, Commerce will follow the suspension of liquidation
rules under 19 CFR 351.226(l)(2)-(4). In the event that Commerce issues
affirmative preliminary or final circumvention determinations that the
products are circumventing the Orders, Commerce will instruct CBP to
continue the suspension of liquidation of previously suspended entries
and to apply the applicable cash deposit rate. Commerce will also
instruct CBP to begin the suspension of liquidation and application of
cash deposits for any unliquidated entries not yet suspended, entered,
or withdrawn from warehouse, for consumption, on or after the date of
publication of the notice of initiation of the circumvention inquiries
pursuant to paragraphs (l)(2)(ii) and (l)(3)(ii). In addition, pursuant
to paragraphs (l)(2)(iii)(A) and (l)(3)(iii)(A), Commerce may instruct
CBP to begin the suspension of liquidation and application of cash
deposits for any unliquidated entries not yet suspended, entered, or
withdrawn from warehouse, for consumption, prior to the date of
initiation of the circumvention inquiry, but not for such entries prior
to November 4, 2021, the effective date of these provisions in the
Final Rule.\12\ These rules will not affect CBP's authority to take any
additional action with respect to the suspension of liquidation or
related measures for these entries, as stated in 19 CFR 351.226(l)(5).
---------------------------------------------------------------------------
\12\ Id., 86 FR at 52345.
---------------------------------------------------------------------------
Notification to Interested Parties
In accordance with 19 CFR 351.225(b) and 226(b), and section 781(b)
of the Act, Commerce determines that available information supports
initiating both scope and circumvention inquiries to determine whether
certain imports of AWC, completed in and exported from the third
countries using AWC inputs manufactured in China, are subject to or
circumventing the Orders. Accordingly, Commerce is notifying all
interested parties of the initiation of scope and circumvention
inquiries. In addition, we have included a description of the products
that are the subject of these inquiries, and an explanation of the
reasons for Commerce's decision to
[[Page 72044]]
initiate these inquiries as provided above and in the accompanying
Initiation Memo. Pursuant to 19 CFR 351.225(e)(3) and 226(e)(3), due to
the interrelated nature of the scope and circumvention inquiries,
Commerce is aligning the deadlines for the scope inquiries with the
circumvention inquiries and will conduct the scope inquiries first for
the reasons explained above.
Pursuant to 19 CFR 351.225(f)(1), interested parties have until 30
days after publication of this notice in the Federal Register to submit
one set of comments and factual information addressing the self-
initiation of the scope inquiries.
Under 19 CFR 351.225(l)(2)(iii)(B) and (l)(3)(iii)(B), interested
parties may timely request that Commerce adopt an alternative date to
begin the suspension of liquidation and application of cash deposits
under paragraphs (l)(2)(ii)(A) and (l)(3)(iii)(A). A request for
Commerce to adopt an alternative date must be based on a specific
argument supported by evidence establishing the appropriateness of that
alternative date.\13\ If parties wish to make such a request, that
request must be included with the set of comments and factual
information submitted to Commerce pursuant to 19 CFR 351.225(f)(1).
---------------------------------------------------------------------------
\13\ Id., 86 FR at 52326-29, for further information.
---------------------------------------------------------------------------
Within 14 days of the filing of such comments, any interested party
is permitted one opportunity to submit comments and factual information
to rebut, clarify, or correct factual information submitted by the
other interested parties (including rebuttal in response to any
requests made under 19 CFR 351.225(l)(2)(iii)(B) and (l)(3)(iii)(B)).
At this time, we are not soliciting or accepting comments on the self-
initiation of the circumvention inquiries. Should Commerce determine to
proceed with the circumvention inquiries after finalizing its scope
determinations, Commerce will notify interested parties on the segment-
specific service list of an opportunity to comment.
In accordance with section 19 CFR 351.225(e), unless the scope
inquiries are rescinded, in whole or in part, Commerce intends to issue
its final scope rulings within 120 days after the date on which the
scope inquiries were initiated. Furthermore, in accordance with section
781(f) of the Act and 19 CFR 351.226(e)(2), unless the circumvention
inquiries are rescinded, in whole or in part, Commerce intends to issue
its final circumvention determinations within 300 days from the date of
publication of the notice of initiation of a circumvention inquiries in
the Federal Register.
Dated: October 11, 2023.
Lisa W. Wang,
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. 2023-23027 Filed 10-18-23; 8:45 am]
BILLING CODE 3510-DS-P
