Aluminum Wire and Cable From the People's Republic of China: Final Negative Scope Ruling and Final Affirmative Determination of Circumvention With Respect to the Republic of Korea, 8183-8187 [2025-01745]
Download as PDF
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Notices
Final Results of Sunset Review
DEPARTMENT OF COMMERCE
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the Orders
would likely lead to the continuation or
recurrence of dumping and that the
magnitude of the dumping margins
likely to prevail would be weighedaverage dumping margins up to 25.90
percent for Austria and 32.16 percent
for France.9
International Trade Administration
Administrative Protective Order
This notice serves as the only
reminder to interested parties subject to
an administrative protective order
(APO) of their responsibility concerning
the return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a).
Timely 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 terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(c), and
777(i)(1) of the Act and 19 CFR
351.221(c)(5)(ii).
Dated: January 21, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin of Dumping
Likely To Prevail
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
[FR Doc. 2025–01752 Filed 1–24–25; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
9 See
Orders.
VerDate Sep<11>2014
18:10 Jan 24, 2025
Jkt 265001
[A–570–095, C–570–096]
Aluminum Wire and Cable From the
People’s Republic of China: Final
Negative Scope Ruling and Final
Affirmative Determination of
Circumvention With Respect to the
Republic of Korea
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of aluminum wire and cable
(AWC) completed in the Republic of
Korea (Korea) using certain AWC inputs
manufactured in the People’s Republic
of China (China) are not covered by the
scope of the antidumping duty (AD) and
countervailing duty (CVD) orders on
AWC from China. Commerce further
determines that AWC completed in
Korea using certain AWC inputs
manufactured in China are
circumventing the AD and CVD orders
on AWC from China.
DATES: Applicable January 27, 2025.
FOR FURTHER INFORMATION CONTACT:
Trinity Johnson, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0114.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 7, 2024, Commerce
published in the Federal Register its
Preliminary Determinations that imports
of AWC completed in Korea using
certain AWC inputs manufactured in
China are not covered by the scope of
the AD and CVD Orders on AWC from
China and that imports of AWC
completed in Korea using certain AWC
inputs are circumventing Orders.1
Pursuant to section 781(e) of the Tariff
Act of 1930, as amended (the Act), on
August 13, 2024, Commerce notified the
U.S. International Trade Commission
1 See Aluminum Wire and Cable from the
People’s Republic of China: Preliminary Negative
Scope Determinations with Respect to Cambodia,
Korea, and Vietnam; Preliminary Affirmative
Determinations of Circumvention with Respect to
Korea and Vietnam; Preliminary Negative
Determination of Circumvention with Respect to
Cambodia, 89 FR 64406 (August 7, 2024)
(Preliminary Determinations), and accompanying
Preliminary Decision Memorandum (PDM); see also
Aluminum Wire and Cable from the People’s
Republic of China: Antidumping and
Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Orders).
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
8183
(ITC) of its preliminary affirmative
determination of circumvention with
respect to Korea.2 The ITC did not
request consultations with Commerce.
Between September 16 and 19, 2024,
Commerce conducted verification of the
questionnaire responses submitted by
Pusan Cables & Engineering Co., Ltd.
(Pusan).3
On November 19, 2024, Gaon Cable
Co., Ltd (Gaon Cable); Daewon Cable
Co., Ltd. (Daewon Cable); Dong Il
Electric Wire Co., Ltd. (Dong Il); and the
domestic party Southwire Company
LLC (Southwire) submitted case briefs.4
On November 26, 2024, Southwire and
Pusan submitted rebuttal briefs.5 On
December 12, 2024, Commerce extended
the deadline for the final results of this
circumvention and scope inquiry until
January 8, 2025.6 On January 6, 2025,
Commerce further extended the
deadline for the final results of this
circumvention and scope inquiry until
January 17, 2025.7
For a summary of events that occurred
since the Preliminary Determinations, as
well as a full discussion of the issues
raised by parties for consideration in the
final determination, see the Issues and
Decision Memorandum.8
2 See Commerce’s Letter, ‘‘Notification of
Affirmative and Negative Preliminary
Determinations of Circumvention,’’ dated August
13, 2024.
3 See Memorandum, ‘‘Verification of the
Responses of Pusan Cables & Engineering Co. Ltd.
in the Circumvention and Scope Inquiry on the
Antidumping Duty Order on Aluminum Wire and
Cable from People’s Republic of China,’’ dated
November 12, 2024.
4 See Gaon Cable’s Letter, ‘‘Case Brief of Gaon
Cable Co., Ltd.,’’ dated November 19, 2024;
Daewon’s Letter, ‘‘Case Brief of Daewon Cable Co.,
Ltd.,’’ dated November 19, 2024; Dong Il’s Letter,
‘‘Case Brief of Dong Il Electric Wire Co., Ltd.,’’
dated November 19, 2024; and Southwire’s Letter,
‘‘Case Brief,’’ dated November 19, 2024.
5 See Southwire’s Letter, ‘‘Rebuttal Case Brief
regarding Gaon Cable Co., Ltd.,’’ dated November
26, 2024; Southwire’s Letter, ‘‘Rebuttal Case Brief
regarding Daewon Cable Co., Ltd.,’’ dated November
26, 2024; and Pusan’s Letter, ‘‘Pusan Rebuttal to
Southwire Brief on Verification,’’ dated November
26, 2024.
6 See Memorandum, ‘‘Extension of Deadlines for
the Final Determinations in Circumvention
Inquiries Pertaining to Korea and Vietnam,’’ dated
December 12, 2024; see also Memorandum
‘‘Extension of Deadlines for the Final
Determinations in Scope Inquiries Pertaining to
Korea and Vietnam,’’ dated December 12, 2024.
7 See Memorandum, ‘‘Extension of Deadlines for
the Final Determinations in Circumvention
Inquiries Pertaining to Korea and Vietnam,’’ dated
January 6, 2025; see also Memorandum ‘‘Extension
of Deadlines for the Final Determinations in Scope
Inquiries Pertaining to Korea and Vietnam,’’ dated
January 6, 2025.
8 See Memorandum, ‘‘Decision Memorandum for
the Final Results of the Circumvention Inquiry of
the Antidumping and Countervailing Duty Orders
on Aluminum Wire and Cable from the People’s
Republic of China with Respect to the Republic of
Korea,’’ dated concurrently with, and hereby
adopted by, this notice.
E:\FR\FM\27JAN1.SGM
27JAN1
8184
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Notices
The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Orders 9
The product covered by the scope of
the Orders is AWC from China. For a
full description of the scope of the
Orders, see Appendix I of this notice.
Merchandise Subject to the Scope and
Circumvention Inquiries
These inquiries cover AWC assembled
or completed in Korea using Chineseorigin AWC inputs (e.g., stranded wire
and cables or unfinished AWC) that is
subsequently exported from Korea to the
United States (inquiry merchandise).
These inquiries cover exports of AWC
from Korea that are assembled or
completed using inputs of Chinese
origin which undergo further processing
in Korea. For a full description of the
merchandise subject to these scope and
circumvention inquiries, see Appendix
II of this notice.
Analysis of Comments Received
All issues raised in this inquiry are
addressed in the Issues and Decision
Memorandum. A list of the issues raised
is attached to this notice as Appendix
III. Based on our analysis of the
comments received, we made no
changes to the Preliminary
Determinations.
lotter on DSK11XQN23PROD with NOTICES1
Methodology and Final Scope Ruling
Commerce conducted this scope
inquiry in accordance with 19 CFR
351.225(k)(1), and it made no changes to
its methodology for this final scope
ruling. Specifically, as discussed in the
Preliminary Determinations, Commerce
finds that AWC produced in Korea
using Chinese- origin inputs that does
not satisfy the physical description of
the scope of the Orders is not subject to
the Orders.10
Methodology and Final Circumvention
Determination
Commerce conducted this
circumvention inquiry in accordance
with section 781(b) of the Act and 19
9 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).
10 See Preliminary Determinations PDM at 11–14.
VerDate Sep<11>2014
18:10 Jan 24, 2025
Jkt 265001
CFR 351.226. Commerce made no
changes to its methodology for this final
circumvention determination.
Specifically, as discussed in the
Preliminary Determinations, Commerce
determines that U.S. imports of inquiry
merchandise from Korea are
circumventing the Orders.11 As a result,
in accordance with section 781(b) of the
Act, Commerce determines that the
inquiry merchandise exported from
Korea should be included within the
scope of the Orders. Commerce is
making this affirmative determination of
circumvention of the Orders on a
country-wide basis.
We determine that Korean-origin
AWC produced by Pusan with Chineseorigin aluminum production inputs are
circumventing the Orders. We have also
determined, consistent with 19 CFR
351.226(m), that it is appropriate to
apply this affirmative circumvention
finding on a country-wide basis. As a
result, in accordance with section 781(a)
of the Act, we determine that this
merchandise is covered by the Orders.
We have continued to apply the
methodology relied upon for the
Preliminary Determinations, including
our use of facts available with adverse
inferences (AFA) with respect to
Daewon Cable, LS Cable & System,
Taehwa Co., Ltd., TMC Co., and Gaon
Cable pursuant to sections 776(a) and
(b) of the Act, for our final
determination. As AFA, we continue to
determine that AWC exported to the
United States by these five companies
under AFA are circumventing the
Orders. Furthermore, as AFA, we have
determined that these companies are
ineligible to certify that the AWC
exported by these companies from
Korea was produced using non-Chinese
sourced inputs. For a detailed
explanation of our determination, see
the Preliminary Determinations and the
Issues and Decision Memorandum.
See the ‘‘Certified Entries,’’
‘‘Certification,’’ and ‘‘Certification
Requirements’’ sections, below, for
details regarding the use of
certifications. See the ‘‘Suspension of
Liquidation and Cash Deposit
Requirements’’ section, below, for
details regarding suspension of
liquidation and cash deposit
requirements.
Certified Entries
Entries for which importers have met
the certification requirements described
below and in Appendix IV of this notice
will not be subject to suspension of
liquidation, or the cash deposit
requirements described below. Failure
11 Id.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
to comply with the applicable requisite
certification requirements may result in
the merchandise being subject to AD
and CVD duties.
Certification
Daewon Cable, Gaon Cable, LS Cable
& System, Taehwa Co., Ltd., and TMC
Co., Ltd. will not be permitted to certify
that their merchandise was not
produced from Chinese-origin inputs.
For all entries of AWC from Korea
produced or exported by these
companies, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation and require a cash
deposit at the rate applicable to the AD
and CVD Orders on AWC from China,
i.e., the AD cash deposit rate established
for China-wide entity (52.79 percent)
and the CVD cash deposit rate
established for all-others (33.44
percent). These suspension of
liquidation instructions will remain in
effect until further notice.
To administer the final country-wide
affirmative circumvention
determination for Korea, Commerce has
established importer and exporter
certifications as provided for in
Appendix IV to this notice. These
certifications will permit eligible
importers and exporters to establish that
specific entries of AWC from Korea are
not subject to suspension of liquidation
or the collection of cash deposits
pursuant to these final country-wide
affirmative determinations of
circumvention because the merchandise
was processed in Korea and does not
incorporate Chinese-sourced aluminum
wire rod, aluminum wire strand, or
aluminum wire. Importers and exporters
that claim that an entry of AWC is not
subject to suspension of liquidation or
the collection of cash deposits because
the merchandise was processed in Korea
and does not incorporate Chinesesourced aluminum wire rod, aluminum
wire strand, or aluminum wire must
certify that these products satisfy the
requirements of these certification
requirements as described in Appendix
IV of this notice.
Certification Requirements
Importers are required to complete
and maintain the applicable importer
certification, and maintain a copy of the
applicable exporter certification, and
retain all supporting documentation for
both certifications. Unless otherwise
specified, the importer certification
must be completed, signed, and dated
by the time the entry summary is filed
for the relevant entry. The importer, or
the importer’s agent, must submit both
the importer’s certification and the
exporter’s certification to CBP as part of
E:\FR\FM\27JAN1.SGM
27JAN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Notices
the entry process by uploading them
into the document imaging system (DIS)
in ACE. Where the importer uses a
broker to facilitate the entry process, the
importer should obtain the entry
summary number from the broker.
Agents of the importer, such as brokers,
however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete
and maintain the applicable exporter
certification and provide the importer
with a copy of that certification and all
supporting documentation (e.g., invoice,
purchase order, production records,
etc.). The exporter certification must be
completed, signed, and dated by the
time of shipment of the relevant entries.
The exporter certification should be
completed by the party selling the AWC
that was manufactured in Korea to the
United States.
Additionally, the claims made in the
certifications and any supporting
documentation are subject to
verification by Commerce, CBP, or both
Commerce and CBP. Importers and
exporters are required to maintain the
certifications and supporting
documentation until the later of: (1) the
date that is five years after the latest
entry date of the entries covered by the
certification; or (2) the date that is three
years after the conclusion of any
litigation in United States courts
regarding such entries.
For all entries of AWC from Korea
that were entered, or withdrawn from
warehouse, for consumption during the
period October 19, 2023 (the date of
initiation of these circumvention
inquiries) through the date of
publication of the Preliminary
Determinations in the Federal Register,
where the entry has not been liquidated
(and entries for which liquidation has
not become final), the relevant
certification should be completed and
signed.
For unliquidated entries (and entries
for which liquidation has not become
final) of AWC that were declared as
non-AD/CVD type entries (e.g., type 01)
and entered, or withdrawn from
warehouse, for consumption in the
United States during the period October
19, 2023 (the date of initiation of these
circumvention inquiries) through the
date of publication of the final
determination in the Federal Register,
for which none of the above
certifications may be made, importers
must file a Post Summary Correction
with CBP, in accordance with CBP’s
regulations, regarding conversion of
such entries from non-AD/CVD type
entries to AD/CVD type entries (e.g.,
type 01 to type 03). Importers should
report those AD/CVD type entries using
VerDate Sep<11>2014
18:10 Jan 24, 2025
Jkt 265001
the third country CBP case numbers
identified in the ‘‘Suspension of
Liquidation and Cash Deposit
Requirements’’ section, below. The
importer should post cash deposits on
those entries consistent with the
regulations governing post summary
corrections that require payment of
additional duties, including AD/CVD
duties.
If it is determined that an importer
and/or exporter has not met the
certification and/or related
documentation requirements for certain
entries, Commerce intends to instruct
CBP to suspend, pursuant to these final
country-wide affirmative determinations
of circumvention and the Orders,12 all
unliquidated entries for which these
requirements were not met and require
the importer to post applicable AD and
CVD cash deposits equal to the rates
noted above.
Suspension of Liquidation and Cash
Deposit Requirements
Based on the affirmative country-wide
determinations of circumvention, in
accordance with 19 CFR 351.226(l)(3),
we will direct CBP to suspend
liquidation and require a cash deposit of
estimated duties on unliquidated entries
of AWC completed or assembled in
Korea using Chinese-origin aluminum
rod, aluminum wire, or aluminum wire
strand, that were entered, or withdrawn
from warehouse, for consumption on or
after October 19, 2023, the date of
publication of the Initiation Notice. In
accordance with 19 CFR 351.226(l)(3),
we will direct CBP to continue the
suspension of liquidation of previously
suspended entries and to suspend
liquidation of all entries of AWC
completed and assembled in Korea from
Chinese-origin aluminum rod,
aluminum wire, or aluminum wire
strand that are entered, or withdrawn
from warehouse, for consumption on or
after October 19, 2023 (i.e., the date of
publication of the Initiation Notice).13
For all suspended U.S. entries of
inquiry merchandise, the AD cash
deposit rate will be the cash deposit rate
for the China-wide entity (i.e., 52.79
percent).14 For all suspended U.S.
entries of inquiry merchandise, the CVD
cash deposit rate will be the all-others
rate (i.e., 33.44 percent).15 Commerce
has established the following thirdcountry case numbers in the Automated
12 See
Orders.
generally 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, 88 FR 72041
(October 19, 2023) (Initiation Notice).
14 See Orders.
15 Id.
13 See
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
8185
Commercial Environment (ACE) for
such entries: Korea A–580–095–000/C–
580–096–000.
Cash deposits for exports of AWC
from Korea already subject to the Orders
should continue to be collected in
accordance with existing CBP
instructions and Chinese ACE numbers
for such entries: A–570–095/C–570–096.
These suspension of liquidation
instructions and cash deposit
requirements will remain in effect until
further notice.
Opportunity To Request an
Administrative Review
Each year during the anniversary
month of the publication of an AD or
CVD order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Act,
may request, in accordance with 19 CFR
351.213, that Commerce conduct an
administrative review of that AD or CVD
order, finding, or suspended
investigation. Interested parties who
wish to request that Commerce conduct
an administrative review should wait
until Commerce announces via the
Federal Register the next window
during the anniversary month of the
publication of the AD or CVD order to
submit such requests. The anniversary
month for these Orders is December.
Administrative Protective Order (APO)
This notice will serve as the only
reminder to all parties subject to an
APO of their responsibility concerning
the destruction 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
Commerce is issuing and publishing
this notice in accordance with sections
781(b) and 777(i) of the Act, 19 CFR
351.225(h), and 19 CFR 351.226(g)(2).
Dated: January 17, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
Scope of the Orders
The merchandise subject to the Orders is
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
E:\FR\FM\27JAN1.SGM
27JAN1
8186
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Notices
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.
Appendix II
Merchandise Subject to the Scope and
Circumvention Inquiries
The scope and circumvention inquiries
cover AWC completed in Korea using AWC
inputs (e.g., stranded wire and cables or
unfinished AWC) of Chinese-origin that is
subsequently exported to the United States.
Available evidence shows that AWC inputs
from China are processed in Korea and
subsequently exported to the United States.
These inquiries cover exports of AWC made
using inputs of Chinese-origin that undergo
further processing in Korea.
These final determinations apply to all
shipments of inquiry merchandise on or after
the date of the initiation of these
circumvention and scope inquiries (i.e.,
October 19, 2023). Importers and exporters of
AWC from Korea, even where determined to
be out of scope, must still certify that
merchandise is not subject to our countrywide finding of circumvention.16 Otherwise,
their merchandise may be subject to
antidumping and countervailing duties.
lotter on DSK11XQN23PROD with NOTICES1
Appendix III
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
16 In such instances, see Appendix IV for
certification requirements.
VerDate Sep<11>2014
18:10 Jan 24, 2025
Jkt 265001
III. Merchandise Subject to the Scope and
Circumvention Inquiries
IV. Period of Circumvention Inquiry
V. Changes From the Preliminary
Determination
VI. Use of Facts Available With an Adverse
Inference
VII. Discussion of the Issues
Comment 1: Whether Commerce Should
Continue To Apply Adverse Facts
Available (AFA) to Gaon Cable Co., Ltd.
(Gaon Cable) and Daewon Cable Co., Ltd.
(Daewon Cable)
Comment 2: Pusan Cables & Engineering
Co., Ltd.’s (Pusan) Eligibility To
Participate in the Certification Process
VIII. Recommendation
Appendix IV
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADDRESS OF IMPORTING
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the importation into the
Customs territory of the United States of the
aluminum wire and cable (AWC) assembled
or completed in Korea that under entry
summary number(s), identified below, and
are covered by this certification. ‘‘Direct
personal knowledge’’ refers to facts the
certifying party is expected to have in its own
records. For example, the importer should
have direct personal knowledge of the
importation of AWC, including the exporter’s
and/or foreign seller’s identity and location.
(C) If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The AWC covered by this certification was
imported by {IMPORTING COMPANY} on
behalf of {U.S. CUSTOMER}, located at
{ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
(D) The AWC covered by this certification
was shipped to {NAME OF PARTY IN THE
UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED}.
(E) I have personal knowledge of the facts
regarding the production of the imported
products covered by this certification.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer regarding the
source of the inputs (i.e., aluminum wire rod,
aluminum wire strand, or aluminum wire)
used to produce the imported AWC).
(F) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller’s Address:
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
Foreign Seller’s Invoice #:
Foreign Seller’s Invoice Line Item #:
Country of Origin of HRS:
Producer:
Producer’s Address:
(G) The AWC covered by this certification
does not contain aluminum wire rod,
aluminum wire strand, or aluminum wire
produced in the People’s Republic of China.
(H) I understand that {IMPORTING
COMPANY} is required to maintain a copy
of this certification and sufficient
documentation supporting this certification
(i.e., documents maintained in the normal
course of business, or documents obtained by
the certifying party, for example, certificates
of origin, product data sheets, mill test
reports, productions records, invoices, etc.)
until the later of: (1) the date that is five years
after the date of the latest entry covered by
the certification; or (2) the date that is three
years after the conclusion of any litigation in
the United States courts regarding such
entries.
(I) I understand that {IMPORTING
COMPANY} is required to maintain a copy
of the exporter’s certification (attesting to the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the date
of the latest entry covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries.
(J) I understand that {IMPORTING
COMPANY} is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with the importer certification,
and any supporting documentation, and a
copy of the exporter’s certification, and any
supporting documentation provided to the
importer by the exporter, upon request of
either agency.
(K) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(L) I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which this
certification applies are within the scope of
the antidumping duty and countervailing
duty orders on AWC from China. I
understand that such finding will result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
(M) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification.
(N) This certification was completed at
time of shipment or within 45 days of the
date on which Commerce issued its
preliminary circumvention determination
implementing the certification regime.
E:\FR\FM\27JAN1.SGM
27JAN1
Federal Register / Vol. 90, No. 16 / Monday, January 27, 2025 / Notices
lotter on DSK11XQN23PROD with NOTICES1
(O) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
Exporter Certification
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES); located at
{ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED
STATES).
(B) I have direct personal knowledge of the
facts regarding the production and
exportation of the aluminum wire and cable
(AWC) for which sales are identified below.
‘‘Direct personal knowledge’’ refers to facts
the certifying party is expected to have in its
own records. For example, an exporter
should have direct personal knowledge of the
producer’s identity and location.
(C) The AWC covered by this certification
was shipped to {NAME OF PARTY IN THE
UNITED STATES TO WHOM THE
MERCHANDISE WAS FIRST SHIPPED},
located at {U.S. ADDRESS TO WHICH THE
MERCHANDISE WAS SHIPPED}.
(D) The AWC covered by this certification
does not contain aluminum wire rod,
aluminum wire strand, or aluminum wire
produced in the People’s Republic of China.
(E) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
Foreign Seller’s Invoice # to U.S. Customer:
Foreign Seller’s Invoice to U.S. Customer
Line item #:
Producer Name:
Producer’s Address:
Producer’s Invoice # to Foreign Seller: (If the
foreign seller and the producer are the
same party, put NA here.)
Name of Producer of AWC:
Location (Country) of Producer of AWC:
(F) The AWC covered by this certification
was shipped to {NAME OF U.S. PARTY TO
WHOM MERCHANDISE WAS SHIPPED},
located at {U.S. ADDRESS TO WHICH
MERCHANDISE WAS SHIPPED}.
(G) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product data sheets, mill test reports,
productions records, invoices, etc.) until the
later of: (1) the date that is five years after the
latest date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in the
United States courts regarding such entries.
VerDate Sep<11>2014
18:10 Jan 24, 2025
Jkt 265001
(H) I understand that {NAME OF FOREIGN
COMPANY THAT MADE THE SALE TO
THE UNITED STATES} is required to
provide the U.S. importer with a copy of this
certification and is required to provide U.S.
Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce
(Commerce) with this certification, and any
supporting documents, upon request of either
agency.
(I) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(J) I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are within the scope of
the antidumping duty order and
countervailing duty order on AWC from
China. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met;
(ii) the importer being required to post the
cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
(K) I understand that agents of the seller/
exporter, such as freight forwarding
companies or brokers, are not permitted to
make this certification.
(L) This certification was completed at
time of shipment or within 45 days of the
date on which Commerce issued its
preliminary circumvention determination
implementing the certification regime.
(M) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
{DATE}
[FR Doc. 2025–01745 Filed 1–24–25; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) has received
requests to conduct administrative
reviews of various antidumping duty
(AD) and countervailing duty (CVD)
orders with December anniversary
AGENCY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
8187
dates. In accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable January 27, 2025.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders with
December anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Respondent Selection
In the event that Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based
either on U.S. Customs and Border
Protection (CBP) data for U.S. imports
during the period of review (POR) or
questionnaires in which we request the
quantity and value (Q&V) of sales,
shipments, or exports during the POR.
Where Commerce selects respondents
based on CBP data, we intend to place
the CBP data on the record within five
days of publication of the initiation
notice. Where Commerce selects
respondents based on Q&V data,
Commerce intends to place the Q&V
questionnaire on the record of the
review within five days of publication
of the initiation notice. In either case,
we intend to make our decision
regarding respondent selection within
35 days of publication of the initiation
notice in the Federal Register.
Comments regarding the CBP data (and/
or Q&V data (where applicable)) and
respondent selection should be
submitted within seven days after the
placement of the CBP data/submission
of the Q&V data on the record of this
review. Parties wishing to submit
rebuttal comments should submit those
comments within five days after the
deadline for the initial comments.
In the event that Commerce decides it
is necessary to limit individual
examination of respondents and
conduct respondent selection under
E:\FR\FM\27JAN1.SGM
27JAN1
Agencies
[Federal Register Volume 90, Number 16 (Monday, January 27, 2025)]
[Notices]
[Pages 8183-8187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01745]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095, C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Final Negative Scope Ruling and Final Affirmative Determination of
Circumvention With Respect to the Republic of Korea
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of aluminum wire and cable (AWC) completed in the Republic of
Korea (Korea) using certain AWC inputs manufactured in the People's
Republic of China (China) are not covered by the scope of the
antidumping duty (AD) and countervailing duty (CVD) orders on AWC from
China. Commerce further determines that AWC completed in Korea using
certain AWC inputs manufactured in China are circumventing the AD and
CVD orders on AWC from China.
DATES: Applicable January 27, 2025.
FOR FURTHER INFORMATION CONTACT: Trinity Johnson, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0114.
SUPPLEMENTARY INFORMATION:
Background
On August 7, 2024, Commerce published in the Federal Register its
Preliminary Determinations that imports of AWC completed in Korea using
certain AWC inputs manufactured in China are not covered by the scope
of the AD and CVD Orders on AWC from China and that imports of AWC
completed in Korea using certain AWC inputs are circumventing
Orders.\1\ Pursuant to section 781(e) of the Tariff Act of 1930, as
amended (the Act), on August 13, 2024, Commerce notified the U.S.
International Trade Commission (ITC) of its preliminary affirmative
determination of circumvention with respect to Korea.\2\ The ITC did
not request consultations with Commerce. Between September 16 and 19,
2024, Commerce conducted verification of the questionnaire responses
submitted by Pusan Cables & Engineering Co., Ltd. (Pusan).\3\
---------------------------------------------------------------------------
\1\ See Aluminum Wire and Cable from the People's Republic of
China: Preliminary Negative Scope Determinations with Respect to
Cambodia, Korea, and Vietnam; Preliminary Affirmative Determinations
of Circumvention with Respect to Korea and Vietnam; Preliminary
Negative Determination of Circumvention with Respect to Cambodia, 89
FR 64406 (August 7, 2024) (Preliminary Determinations), and
accompanying Preliminary Decision Memorandum (PDM); see also
Aluminum Wire and Cable from the People's Republic of China:
Antidumping and Countervailing Duty Orders, 84 FR 70496 (December
23, 2019) (Orders).
\2\ See Commerce's Letter, ``Notification of Affirmative and
Negative Preliminary Determinations of Circumvention,'' dated August
13, 2024.
\3\ See Memorandum, ``Verification of the Responses of Pusan
Cables & Engineering Co. Ltd. in the Circumvention and Scope Inquiry
on the Antidumping Duty Order on Aluminum Wire and Cable from
People's Republic of China,'' dated November 12, 2024.
---------------------------------------------------------------------------
On November 19, 2024, Gaon Cable Co., Ltd (Gaon Cable); Daewon
Cable Co., Ltd. (Daewon Cable); Dong Il Electric Wire Co., Ltd. (Dong
Il); and the domestic party Southwire Company LLC (Southwire) submitted
case briefs.\4\ On November 26, 2024, Southwire and Pusan submitted
rebuttal briefs.\5\ On December 12, 2024, Commerce extended the
deadline for the final results of this circumvention and scope inquiry
until January 8, 2025.\6\ On January 6, 2025, Commerce further extended
the deadline for the final results of this circumvention and scope
inquiry until January 17, 2025.\7\
---------------------------------------------------------------------------
\4\ See Gaon Cable's Letter, ``Case Brief of Gaon Cable Co.,
Ltd.,'' dated November 19, 2024; Daewon's Letter, ``Case Brief of
Daewon Cable Co., Ltd.,'' dated November 19, 2024; Dong Il's Letter,
``Case Brief of Dong Il Electric Wire Co., Ltd.,'' dated November
19, 2024; and Southwire's Letter, ``Case Brief,'' dated November 19,
2024.
\5\ See Southwire's Letter, ``Rebuttal Case Brief regarding Gaon
Cable Co., Ltd.,'' dated November 26, 2024; Southwire's Letter,
``Rebuttal Case Brief regarding Daewon Cable Co., Ltd.,'' dated
November 26, 2024; and Pusan's Letter, ``Pusan Rebuttal to Southwire
Brief on Verification,'' dated November 26, 2024.
\6\ See Memorandum, ``Extension of Deadlines for the Final
Determinations in Circumvention Inquiries Pertaining to Korea and
Vietnam,'' dated December 12, 2024; see also Memorandum ``Extension
of Deadlines for the Final Determinations in Scope Inquiries
Pertaining to Korea and Vietnam,'' dated December 12, 2024.
\7\ See Memorandum, ``Extension of Deadlines for the Final
Determinations in Circumvention Inquiries Pertaining to Korea and
Vietnam,'' dated January 6, 2025; see also Memorandum ``Extension of
Deadlines for the Final Determinations in Scope Inquiries Pertaining
to Korea and Vietnam,'' dated January 6, 2025.
---------------------------------------------------------------------------
For a summary of events that occurred since the Preliminary
Determinations, as well as a full discussion of the issues raised by
parties for consideration in the final determination, see the Issues
and Decision Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Decision Memorandum for the Final Results
of the Circumvention Inquiry of the Antidumping and Countervailing
Duty Orders on Aluminum Wire and Cable from the People's Republic of
China with Respect to the Republic of Korea,'' dated concurrently
with, and hereby adopted by, this notice.
---------------------------------------------------------------------------
[[Page 8184]]
The Issues and Decision Memorandum is a public document and is on
file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Orders 9
---------------------------------------------------------------------------
\9\ 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).
---------------------------------------------------------------------------
The product covered by the scope of the Orders is AWC from China.
For a full description of the scope of the Orders, see Appendix I of
this notice.
Merchandise Subject to the Scope and Circumvention Inquiries
These inquiries cover AWC assembled or completed in Korea using
Chinese-origin AWC inputs (e.g., stranded wire and cables or unfinished
AWC) that is subsequently exported from Korea to the United States
(inquiry merchandise). These inquiries cover exports of AWC from Korea
that are assembled or completed using inputs of Chinese origin which
undergo further processing in Korea. For a full description of the
merchandise subject to these scope and circumvention inquiries, see
Appendix II of this notice.
Analysis of Comments Received
All issues raised in this inquiry are addressed in the Issues and
Decision Memorandum. A list of the issues raised is attached to this
notice as Appendix III. Based on our analysis of the comments received,
we made no changes to the Preliminary Determinations.
Methodology and Final Scope Ruling
Commerce conducted this scope inquiry in accordance with 19 CFR
351.225(k)(1), and it made no changes to its methodology for this final
scope ruling. Specifically, as discussed in the Preliminary
Determinations, Commerce finds that AWC produced in Korea using
Chinese- origin inputs that does not satisfy the physical description
of the scope of the Orders is not subject to the Orders.\10\
---------------------------------------------------------------------------
\10\ See Preliminary Determinations PDM at 11-14.
---------------------------------------------------------------------------
Methodology and Final Circumvention Determination
Commerce conducted this circumvention inquiry in accordance with
section 781(b) of the Act and 19 CFR 351.226. Commerce made no changes
to its methodology for this final circumvention determination.
Specifically, as discussed in the Preliminary Determinations, Commerce
determines that U.S. imports of inquiry merchandise from Korea are
circumventing the Orders.\11\ As a result, in accordance with section
781(b) of the Act, Commerce determines that the inquiry merchandise
exported from Korea should be included within the scope of the Orders.
Commerce is making this affirmative determination of circumvention of
the Orders on a country-wide basis.
---------------------------------------------------------------------------
\11\ Id.
---------------------------------------------------------------------------
We determine that Korean-origin AWC produced by Pusan with Chinese-
origin aluminum production inputs are circumventing the Orders. We have
also determined, consistent with 19 CFR 351.226(m), that it is
appropriate to apply this affirmative circumvention finding on a
country-wide basis. As a result, in accordance with section 781(a) of
the Act, we determine that this merchandise is covered by the Orders.
We have continued to apply the methodology relied upon for the
Preliminary Determinations, including our use of facts available with
adverse inferences (AFA) with respect to Daewon Cable, LS Cable &
System, Taehwa Co., Ltd., TMC Co., and Gaon Cable pursuant to sections
776(a) and (b) of the Act, for our final determination. As AFA, we
continue to determine that AWC exported to the United States by these
five companies under AFA are circumventing the Orders. Furthermore, as
AFA, we have determined that these companies are ineligible to certify
that the AWC exported by these companies from Korea was produced using
non-Chinese sourced inputs. For a detailed explanation of our
determination, see the Preliminary Determinations and the Issues and
Decision Memorandum.
See the ``Certified Entries,'' ``Certification,'' and
``Certification Requirements'' sections, below, for details regarding
the use of certifications. See the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, below, for details regarding suspension
of liquidation and cash deposit requirements.
Certified Entries
Entries for which importers have met the certification requirements
described below and in Appendix IV of this notice will not be subject
to suspension of liquidation, or the cash deposit requirements
described below. Failure to comply with the applicable requisite
certification requirements may result in the merchandise being subject
to AD and CVD duties.
Certification
Daewon Cable, Gaon Cable, LS Cable & System, Taehwa Co., Ltd., and
TMC Co., Ltd. will not be permitted to certify that their merchandise
was not produced from Chinese-origin inputs. For all entries of AWC
from Korea produced or exported by these companies, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
and require a cash deposit at the rate applicable to the AD and CVD
Orders on AWC from China, i.e., the AD cash deposit rate established
for China-wide entity (52.79 percent) and the CVD cash deposit rate
established for all-others (33.44 percent). These suspension of
liquidation instructions will remain in effect until further notice.
To administer the final country-wide affirmative circumvention
determination for Korea, Commerce has established importer and exporter
certifications as provided for in Appendix IV to this notice. These
certifications will permit eligible importers and exporters to
establish that specific entries of AWC from Korea are not subject to
suspension of liquidation or the collection of cash deposits pursuant
to these final country-wide affirmative determinations of circumvention
because the merchandise was processed in Korea and does not incorporate
Chinese-sourced aluminum wire rod, aluminum wire strand, or aluminum
wire. Importers and exporters that claim that an entry of AWC is not
subject to suspension of liquidation or the collection of cash deposits
because the merchandise was processed in Korea and does not incorporate
Chinese-sourced aluminum wire rod, aluminum wire strand, or aluminum
wire must certify that these products satisfy the requirements of these
certification requirements as described in Appendix IV of this notice.
Certification Requirements
Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. Unless otherwise specified, the importer certification
must be completed, signed, and dated by the time the entry summary is
filed for the relevant entry. The importer, or the importer's agent,
must submit both the importer's certification and the exporter's
certification to CBP as part of
[[Page 8185]]
the entry process by uploading them into the document imaging system
(DIS) in ACE. Where the importer uses a broker to facilitate the entry
process, the importer should obtain the entry summary number from the
broker. Agents of the importer, such as brokers, however, are not
permitted to certify on behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). The exporter certification must be
completed, signed, and dated by the time of shipment of the relevant
entries. The exporter certification should be completed by the party
selling the AWC that was manufactured in Korea to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce, CBP,
or both Commerce and CBP. Importers and exporters are required to
maintain the certifications and supporting documentation until the
later of: (1) the date that is five years after the latest entry date
of the entries covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in United States
courts regarding such entries.
For all entries of AWC from Korea that were entered, or withdrawn
from warehouse, for consumption during the period October 19, 2023 (the
date of initiation of these circumvention inquiries) through the date
of publication of the Preliminary Determinations in the Federal
Register, where the entry has not been liquidated (and entries for
which liquidation has not become final), the relevant certification
should be completed and signed.
For unliquidated entries (and entries for which liquidation has not
become final) of AWC that were declared as non-AD/CVD type entries
(e.g., type 01) and entered, or withdrawn from warehouse, for
consumption in the United States during the period October 19, 2023
(the date of initiation of these circumvention inquiries) through the
date of publication of the final determination in the Federal Register,
for which none of the above certifications may be made, importers must
file a Post Summary Correction with CBP, in accordance with CBP's
regulations, regarding conversion of such entries from non-AD/CVD type
entries to AD/CVD type entries (e.g., type 01 to type 03). Importers
should report those AD/CVD type entries using the third country CBP
case numbers identified in the ``Suspension of Liquidation and Cash
Deposit Requirements'' section, below. The importer should post cash
deposits on those entries consistent with the regulations governing
post summary corrections that require payment of additional duties,
including AD/CVD duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to these
final country-wide affirmative determinations of circumvention and the
Orders,\12\ all unliquidated entries for which these requirements were
not met and require the importer to post applicable AD and CVD cash
deposits equal to the rates noted above.
---------------------------------------------------------------------------
\12\ See Orders.
---------------------------------------------------------------------------
Suspension of Liquidation and Cash Deposit Requirements
Based on the affirmative country-wide determinations of
circumvention, in accordance with 19 CFR 351.226(l)(3), we will direct
CBP to suspend liquidation and require a cash deposit of estimated
duties on unliquidated entries of AWC completed or assembled in Korea
using Chinese-origin aluminum rod, aluminum wire, or aluminum wire
strand, that were entered, or withdrawn from warehouse, for consumption
on or after October 19, 2023, the date of publication of the Initiation
Notice. In accordance with 19 CFR 351.226(l)(3), we will direct CBP to
continue the suspension of liquidation of previously suspended entries
and to suspend liquidation of all entries of AWC completed and
assembled in Korea from Chinese-origin aluminum rod, aluminum wire, or
aluminum wire strand that are entered, or withdrawn from warehouse, for
consumption on or after October 19, 2023 (i.e., the date of publication
of the Initiation Notice).\13\
---------------------------------------------------------------------------
\13\ See generally 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, 88 FR 72041
(October 19, 2023) (Initiation Notice).
---------------------------------------------------------------------------
For all suspended U.S. entries of inquiry merchandise, the AD cash
deposit rate will be the cash deposit rate for the China-wide entity
(i.e., 52.79 percent).\14\ For all suspended U.S. entries of inquiry
merchandise, the CVD cash deposit rate will be the all-others rate
(i.e., 33.44 percent).\15\ Commerce has established the following
third-country case numbers in the Automated Commercial Environment
(ACE) for such entries: Korea A-580-095-000/C-580-096-000.
---------------------------------------------------------------------------
\14\ See Orders.
\15\ Id.
---------------------------------------------------------------------------
Cash deposits for exports of AWC from Korea already subject to the
Orders should continue to be collected in accordance with existing CBP
instructions and Chinese ACE numbers for such entries: A-570-095/C-570-
096.
These suspension of liquidation instructions and cash deposit
requirements will remain in effect until further notice.
Opportunity To Request an Administrative Review
Each year during the anniversary month of the publication of an AD
or CVD order, finding, or suspended investigation, an interested party,
as defined in section 771(9) of the Act, may request, in accordance
with 19 CFR 351.213, that Commerce conduct an administrative review of
that AD or CVD order, finding, or suspended investigation. Interested
parties who wish to request that Commerce conduct an administrative
review should wait until Commerce announces via the Federal Register
the next window during the anniversary month of the publication of the
AD or CVD order to submit such requests. The anniversary month for
these Orders is December.
Administrative Protective Order (APO)
This notice will serve as the only reminder to all parties subject
to an APO of their responsibility concerning the destruction 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
Commerce is issuing and publishing this notice in accordance with
sections 781(b) and 777(i) of the Act, 19 CFR 351.225(h), and 19 CFR
351.226(g)(2).
Dated: January 17, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The merchandise subject to the Orders is 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
[[Page 8186]]
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.
Appendix II
Merchandise Subject to the Scope and Circumvention Inquiries
The scope and circumvention inquiries cover AWC completed in
Korea using AWC inputs (e.g., stranded wire and cables or unfinished
AWC) of Chinese-origin that is subsequently exported to the United
States.
Available evidence shows that AWC inputs from China are
processed in Korea and subsequently exported to the United States.
These inquiries cover exports of AWC made using inputs of Chinese-
origin that undergo further processing in Korea.
These final determinations apply to all shipments of inquiry
merchandise on or after the date of the initiation of these
circumvention and scope inquiries (i.e., October 19, 2023).
Importers and exporters of AWC from Korea, even where determined to
be out of scope, must still certify that merchandise is not subject
to our country-wide finding of circumvention.\16\ Otherwise, their
merchandise may be subject to antidumping and countervailing duties.
---------------------------------------------------------------------------
\16\ In such instances, see Appendix IV for certification
requirements.
---------------------------------------------------------------------------
Appendix III
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Merchandise Subject to the Scope and Circumvention Inquiries
IV. Period of Circumvention Inquiry
V. Changes From the Preliminary Determination
VI. Use of Facts Available With an Adverse Inference
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Continue To Apply Adverse
Facts Available (AFA) to Gaon Cable Co., Ltd. (Gaon Cable) and
Daewon Cable Co., Ltd. (Daewon Cable)
Comment 2: Pusan Cables & Engineering Co., Ltd.'s (Pusan)
Eligibility To Participate in the Certification Process
VIII. Recommendation
Appendix IV
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
importation into the Customs territory of the United States of the
aluminum wire and cable (AWC) assembled or completed in Korea that
under entry summary number(s), identified below, and are covered by
this certification. ``Direct personal knowledge'' refers to facts
the certifying party is expected to have in its own records. For
example, the importer should have direct personal knowledge of the
importation of AWC, including the exporter's and/or foreign seller's
identity and location.
(C) If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The AWC covered by this certification was imported by {IMPORTING
COMPANY{time} on behalf of {U.S. CUSTOMER{time} , located at
{ADDRESS OF U.S. CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
(D) The AWC covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED{time} .
(E) I have personal knowledge of the facts regarding the
production of the imported products covered by this certification.
``Personal knowledge'' includes facts obtained from another party,
(e.g., correspondence received by the importer (or exporter) from
the producer regarding the source of the inputs (i.e., aluminum wire
rod, aluminum wire strand, or aluminum wire) used to produce the
imported AWC).
(F) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Entry Summary Line Item #:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Foreign Seller's Invoice Line Item #:
Country of Origin of HRS:
Producer:
Producer's Address:
(G) The AWC covered by this certification does not contain
aluminum wire rod, aluminum wire strand, or aluminum wire produced
in the People's Republic of China.
(H) I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of this certification and sufficient documentation
supporting this certification (i.e., documents maintained in the
normal course of business, or documents obtained by the certifying
party, for example, certificates of origin, product data sheets,
mill test reports, productions records, invoices, etc.) until the
later of: (1) the date that is five years after the date of the
latest entry covered by the certification; or (2) the date that is
three years after the conclusion of any litigation in the United
States courts regarding such entries.
(I) I understand that {IMPORTING COMPANY{time} is required to
maintain a copy of the exporter's certification (attesting to the
production and/or exportation of the imported merchandise identified
above), and any supporting documentation provided to the importer by
the exporter, until the later of: (1) the date that is five years
after the date of the latest entry covered by the certification; or
(2) the date that is three years after the conclusion of any
litigation in United States courts regarding such entries.
(J) I understand that {IMPORTING COMPANY{time} is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with the importer certification,
and any supporting documentation, and a copy of the exporter's
certification, and any supporting documentation provided to the
importer by the exporter, upon request of either agency.
(K) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(L) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are within the scope of the antidumping duty and countervailing duty
orders on AWC from China. I understand that such finding will result
in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
(M) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(N) This certification was completed at time of shipment or
within 45 days of the date on which Commerce issued its preliminary
circumvention determination implementing the certification regime.
[[Page 8187]]
(O) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
Exporter Certification
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES); located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES).
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the aluminum wire and cable (AWC) for
which sales are identified below. ``Direct personal knowledge''
refers to facts the certifying party is expected to have in its own
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
(C) The AWC covered by this certification was shipped to {NAME
OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH THE MERCHANDISE
WAS SHIPPED{time} .
(D) The AWC covered by this certification does not contain
aluminum wire rod, aluminum wire strand, or aluminum wire produced
in the People's Republic of China.
(E) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
Foreign Seller's Invoice # to U.S. Customer:
Foreign Seller's Invoice to U.S. Customer Line item #:
Producer Name:
Producer's Address:
Producer's Invoice # to Foreign Seller: (If the foreign seller and
the producer are the same party, put NA here.)
Name of Producer of AWC:
Location (Country) of Producer of AWC:
(F) The AWC covered by this certification was shipped to {NAME
OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED{time} , located at
{U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
(G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to maintain a copy of
this certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product data sheets, mill test reports, productions
records, invoices, etc.) until the later of: (1) the date that is
five years after the latest date of the entries covered by the
certification; or (2) the date that is three years after the
conclusion of any litigation in the United States courts regarding
such entries.
(H) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to provide the U.S.
importer with a copy of this certification and is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with this certification, and any
supporting documents, upon request of either agency.
(I) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(J) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
within the scope of the antidumping duty order and countervailing
duty order on AWC from China. I understand that such a finding will
result in:
(i) suspension of all unliquidated entries (and entries for
which liquidation has not become final) for which these requirements
were not met;
(ii) the importer being required to post the cash deposits
determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
(K) I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
(L) This certification was completed at time of shipment or
within 45 days of the date on which Commerce issued its preliminary
circumvention determination implementing the certification regime.
(M) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
{DATE{time}
[FR Doc. 2025-01745 Filed 1-24-25; 8:45 am]
BILLING CODE 3510-DS-P