[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52805-52808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22655]



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DEPARTMENT OF COMMERCE



International Trade Administration



[C-570-096]




Aluminum Wire and Cable From the People's Republic of China: 

Initiation of Countervailing Duty Investigation



AGENCY: Enforcement and Compliance, International Trade Administration, 

Department of Commerce.



DATES: Applicable October 11, 2018.



FOR FURTHER INFORMATION CONTACT: Nancy Decker at (202) 482-0196 or Mark 

Hoadley at (202) 482-3148, AD/CVD Operations, Enforcement and 

Compliance, International Trade Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.



SUPPLEMENTARY INFORMATION: 



The Petition



    On September 21, 2018, the U.S. Department of Commerce (Commerce) 

received a countervailing duty (CVD) Petition concerning imports of 

aluminum wire and cable from the People's Republic of China (China), 

filed in proper form on behalf of Encore Wire Corporation and Southwire 

Company, LLC (the petitioners), which are domestic producers of 

aluminum wire and cable.\1\ The CVD Petition was accompanied by an 

antidumping duty (AD) Petition concerning imports of aluminum wire and 

cable from China.

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    \1\ See letter from the petitioners, ``Aluminum Wire and Cable 

from China: Antidumping and Countervailing Duty Petitions,'' dated 

September 21, 2018 (the Petition).

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    On September 25 and 26, 2018, Commerce requested supplemental 

information pertaining to certain aspects of the Petition in two 

separate supplemental questionnaires, one dealing with general issues 

with the Petition and the other with issues related to Volume III of 

the Petition (i.e., the CVD allegation).\2\ The petitioners filed their 

combined response to the supplemental questionnaires on September 28, 

2018.\3\

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    \2\ See letters from Commerce, ``Petition for the Imposition of 

Countervailing Duties on Imports of Aluminum Wire and Cable from the 

People's Republic of China: Supplemental Questions'' (CVD Deficiency 

Questionnaire), dated September 25, 2018, and ``Petitions for the 

Imposition of Antidumping and Countervailing Duties on Imports of 

Aluminum Wire and Cable from the People's Republic of China: 

Supplemental Questions'' (General Issues Deficiency Questionnaire), 

dated September 26, 2018.

    \3\ See letter from the petitioners, ``Aluminum Wire and Cable 

from China: Amendment of Petitions and Response to Commerce's 

Supplemental Questions'' dated September 28, 2018 (Petition 

Supplement).

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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 

amended (the Act), the petitioners allege that the Government of China 

(GOC) is providing countervailable subsidies, within the meaning of 

sections 701 and 771(5) of the Act, to producers of aluminum wire and 

cable in China and that imports of such products are materially 

injuring, or threatening material injury to, the domestic industry 

producing aluminum wire and cable in the United States. Consistent with 

section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged 

programs on which we are initiating a CVD investigation, the Petition 

is accompanied by information reasonably available to the petitioners 

supporting their allegations.

    Commerce finds that the petitioners filed the Petition on behalf of 

the domestic industry because the petitioners are an interested party 

as defined in section 771(9)(C) of the Act. Commerce also finds that 

the petitioners demonstrated sufficient industry support necessary for 

the initiation of the requested CVD investigation.\4\

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    \4\ See ``Determination of Industry Support for the Petition'' 

section, infra.

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Period of Investigation



    Because the Petition was filed on September 28, 2018, the period of 

investigation is January 1, 2017, through December 31, 2017.



Scope of the Investigation



    The product covered by this investigation is aluminum wire and 

cable from China. For a full description of the scope of this 

investigation, see the Appendix to this notice.



Scope Comments



    During our review of the Petition, Commerce contacted the 

petitioners regarding the proposed scope language to ensure that the 

scope language in the Petition is an accurate reflection of the 

products for which the domestic industry is seeking relief.\5\ As a 

result of the petitioners' submission, the scope of the Petition was 

modified to clarify the description of merchandise covered by the 

Petition. The description of the merchandise covered by this 

initiation, as described in the Appendix to this notice, reflects these 

clarifications.

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    \5\ See Supplemental Questionnaire Response at 7-8 and Exhibit I 

(Revised Scope).

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    As discussed in the Preamble to Commerce's regulations, we are 

setting aside a period for interested parties to raise issues regarding 

product coverage (scope).\6\ Commerce will consider all comments 

received from interested parties and, if necessary, will consult with 

interested parties prior to the issuance of the preliminary 

determination. If scope comments include factual information,\7\ all 

such factual information should be limited to public information. To 

facilitate preparation of its questionnaires, Commerce requests that 

all interested parties submit such comments by 5:00 p.m. Eastern Time 

(ET) on October 31, 2018, which is 20 calendar days from the signature 

date of this notice. Any rebuttal comments, which may include factual 

information, must be filed by 5:00 p.m. ET on November 13, 2018.\8\

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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 

62 FR 27296, 27323 (May 19, 1997) (Preamble).

    \7\ See 19 CFR 351.102(b)(21) (defining ``factual 

information'').

    \8\ See 19 CFR 351.303(b). Rebuttal comments are normally due 10 

days after the comment deadline. In this case, 10 calendar days from 

the initial comments deadline falls on Saturday, November 10, 2018. 

Commerce's practice dictates that where a deadline falls on a 

weekend or federal holiday, the appropriate deadline is the next 

business day. See Notice of Clarification: Application of ``Next 

Business Day'' Rule for Administrative Determination Deadlines 

Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 

2005).

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    Commerce requests that any factual information parties consider 

relevant to the scope of the investigation be submitted during this 

period. However, if a party subsequently finds that additional factual 

information pertaining to the scope of the investigation may be 

relevant, the party may contact Commerce and request



[[Page 52806]]



permission to submit the additional information. All such submissions 

must be filed on the records of the concurrent AD and CVD 

investigations.



Filing Requirements



    All submissions to Commerce must be filed electronically using 

Enforcement and Compliance's Antidumping Duty and Countervailing Duty 

Centralized Electronic Service System (ACCESS).\9\ An electronically 

filed document must be received successfully in its entirety by the 

time and date it is due. Documents exempted from the electronic 

submission requirements must be filed manually (i.e., in paper form) 

with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 

Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 

20230, and stamped with the date and time of receipt by the applicable 

deadlines.

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    \9\ See Antidumping and Countervailing Duty Proceedings: 

Electronic Filing Procedures; Administrative Protective Order 

Procedures, 76 FR 39263 (July 6, 2011). See also Enforcement and 

Compliance: Change of Electronic Filing System Name, 79 FR 69046 

(November 20, 2014) for details of Commerce's electronic filing 

requirements, which went into effect on August 5, 2011. Information 

on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.

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Consultations



    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 

notified representatives of the GOC of the receipt of the Petition and 

provided them the opportunity for consultations with respect to the CVD 

Petition.\10\ The GOC did not request consultations.

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    \10\ See Commerce letter, ``Countervailing Duty Petition on 

Aluminum Wire and Cable from the People's Republic of China: 

Invitation for Consultations to Discuss the Countervailing Duty 

Petition,'' dated September 24, 2018.

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Determination of Industry Support for the Petition



    Section 702(b)(1) of the Act requires that a petition be filed on 

behalf of the domestic industry. Section 702(c)(4)(A) of the Act 

provides that a petition meets this requirement if the domestic 

producers or workers who support the petition account for: (i) At least 

25 percent of the total production of the domestic like product; and 

(ii) more than 50 percent of the production of the domestic like 

product produced by that portion of the industry expressing support 

for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 

the Act provides that, if the petition does not establish support of 

domestic producers or workers accounting for more than 50 percent of 

the total production of the domestic like product, Commerce shall: (i) 

Poll the industry or rely on other information in order to determine if 

there is support for the petition, as required by subparagraph (A); or 

(ii) determine industry support using a statistically valid sampling 

method to poll the ``industry.''

    Section 771(4)(A) of the Act defines the ``industry'' as the 

producers as a whole of a domestic like product. Thus, to determine 

whether a petition has the requisite industry support, the statute 

directs Commerce to look to producers and workers who produce the 

domestic like product. The International Trade Commission (ITC), which 

is responsible for determining whether ``the domestic industry'' has 

been injured, must also determine what constitutes a domestic like 

product in order to define the industry. While both Commerce and the 

ITC must apply the same statutory definition regarding the domestic 

like product,\11\ they do so for different purposes and pursuant to a 

separate and distinct authority. In addition, Commerce's determination 

is subject to limitations of time and information. Although this may 

result in different definitions of the like product, such differences 

do not render the decision of either agency contrary to law.\12\

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    \11\ See section 771(10) of the Act.

    \12\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 

2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 

Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).

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    Section 771(10) of the Act defines the domestic like product as ``a 

product which is like, or in the absence of like, most similar in 

characteristics and uses with, the article subject to an investigation 

under this title.'' Thus, the reference point from which the domestic 

like product analysis begins is ``the article subject to an 

investigation'' (i.e., the class or kind of merchandise to be 

investigated, which normally will be the scope as defined in the 

petition).

    With regard to the domestic like product, the petitioners do not 

offer a definition of the domestic like product distinct from the scope 

of the investigation.\13\ Based on our analysis of the information 

submitted on the record, we have determined that aluminum wire and 

cable, as defined in the scope, constitutes a single domestic like 

product, and we have analyzed industry support in terms of that 

domestic like product.\14\

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    \13\ See Volume I of the Petition, at 87-89.

    \14\ For a discussion of the domestic like product analysis as 

applied to this case and information regarding industry support, see 

Countervailing Duty Investigation Initiation Checklist: Aluminum 

Wire and Cable from the People's Republic of China (China CVD 

Initiation Checklist), at Attachment II, Analysis of Industry 

Support for the Antidumping and Countervailing Duty Petitions 

Covering Aluminum Wire and Cable from the People's Republic of China 

(Attachment II). This checklist is dated concurrently with, and 

hereby adopted by, this notice and on file electronically via 

ACCESS. Access to documents filed via ACCESS is also available in 

the Central Records Unit, Room B8024 of the main Department of 

Commerce building.

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    In determining whether the petitioners have standing under section 

702(c)(4)(A) of the Act, we considered the industry support data 

contained in the Petition with reference to the domestic like product 

as defined in the ``Scope of the Investigation,'' in the Appendix to 

this notice. To establish industry support, the petitioners provided 

their own shipment values of the domestic like product in 2017 and 

compared this to the estimated total shipment value of the domestic 

like product for the entire industry.\15\ Because total 2017 production 

volume data for the domestic like product for the entire domestic 

industry are not reasonably available to the petitioners, and the 

petitioners have established that shipment values are a reasonable 

proxy for production data,\16\ we have relied on the data the 

petitioners provided for purposes of measuring industry support.\17\

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    \15\ See Volume I of the Petition, at 5-6 and Exhibits GEN-02 

through GEN-04; see also Petition Supplement, at 8-11 and Exhibit K.

    \16\ Id.

    \17\ Id. For further discussion, see China CVD Initiation 

Checklist, at Attachment II.

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    Our review of the data provided in the Petition, the Petition 

Supplement, and other information readily available to Commerce 

indicates that the petitioners have established industry support for 

the Petition.\18\ First, the Petition established support from domestic 

producers (or workers) accounting for more than 50 percent of the total 

production of the domestic like product and, as such, Commerce is not 

required to take further action in order to evaluate industry support 

(e.g., polling).\19\ Second, the domestic producers (or workers) have 

met the statutory criteria for industry support under section 

702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 

who support the Petition account for at least 25 percent of the total 

production of the domestic like product.\20\ Finally, the domestic 

producers (or workers) have met the statutory criteria for industry 

support under section 702(c)(4)(A)(ii) of the Act because the domestic 

producers (or



[[Page 52807]]



workers) who support the Petition account for more than 50 percent of 

the production of the domestic like product produced by that portion of 

the industry expressing support for, or opposition to, the 

Petition.\21\ Accordingly, Commerce determines that the Petition was 

filed on behalf of the domestic industry within the meaning of section 

702(b)(1) of the Act.

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    \18\ See China CVD Initiation Checklist, at Attachment II.

    \19\ Id.; see also section 702(c)(4)(D) of the Act.

    \20\ See China CVD Initiation Checklist, at Attachment II.

    \21\ Id.

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    Commerce finds that the petitioners filed the Petition on behalf of 

the domestic industry because they are interested parties as defined in 

section 771(9)(C) of the Act, and they have demonstrated sufficient 

industry support with respect to the CVD investigation that they are 

requesting that Commerce initiate.\22\

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    \22\ Id.

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Injury Test



    Because China is a ``Subsidies Agreement Country'' within the 

meaning of section 701(b) of the Act, section 701(a)(2) of the Act 

applies to this investigation. Accordingly, the ITC must determine 

whether imports of the subject merchandise from China materially 

injure, or threaten material injury to, a U.S. industry.



Allegations and Evidence of Material Injury and Causation



    The petitioners allege that imports of the subject merchandise are 

benefitting from countervailable subsidies and that such imports are 

causing, or threaten to cause, material injury to the U.S. industry 

producing the domestic like product. In addition, the petitioners 

allege that subject imports exceed the negligibility threshold provided 

for under section 771(24)(A) of the Act.\23\

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    \23\ See Volume I of the Petition, at 90-91 and Exhibit GEN-19.

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    The petitioner contends that the industry's injured condition is 

illustrated by a significant and increasing volume of subject imports; 

underselling and price depression or suppression; depressed absolute 

level of capacity utilization; decline in the domestic industry's 

financial performance; and lost sales and revenues.\24\ We have 

assessed the allegations and supporting evidence regarding material 

injury, threat of material injury, and causation, and we have 

determined that these allegations are properly supported by adequate 

evidence, and meet the statutory requirements for initiation.\25\

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    \24\ Id., at 85-86, 90-101 and Exhibits GEN-16, GEN-19 and GEN-

26 through GEN-29; see also Petition Supplement, at 11-14 and 

Exhibit L.

    \25\ See China CVD Initiation Checklist, at Attachment III, 

Analysis of Allegations and Evidence of Material Injury and 

Causation for the Antidumping and Countervailing Duty Petitions 

Covering Aluminum Wire and Cable from the People's Republic of China 

(Attachment III).

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Initiation of CVD Investigation



    Based on the examination of the Petition, we find that the Petition 

meets the requirements of section 702 of the Act. Therefore, we are 

initiating a CVD investigation to determine whether imports of aluminum 

wire and cable from China benefit from countervailable subsidies 

conferred by the GOC. In accordance with section 703(b)(1) of the Act 

and 19 CFR 351.205(b)(1), unless postponed, we will make our 

preliminary determination no later than 65 days after the date of this 

initiation.

    Based on our review of the Petition, we find that there is 

sufficient information to initiate a CVD investigation on all of the 

subsidy programs alleged in the Petition, with certain limitations. For 

a full discussion of the basis for our decision to initiate on each 

program, see China CVD Initiation Checklist. A public version of the 

initiation checklist for this investigation is available on ACCESS.



Respondent Selection



    The petitioners named 27 producers/exporters as accounting for the 

majority of exports of aluminum wire and cable to the United States 

from China.\26\ In the event Commerce determines that the number of 

companies is large and it cannot individually examine each company 

based upon Commerce's resources, where appropriate, Commerce intends to 

select mandatory respondents based on U.S. Customs and Border 

Protection (CBP) data for U.S. imports of aluminum wire and cable from 

China during the POI under the appropriate Harmonized Tariff Schedule 

of the United States numbers listed in the ``Scope of the 

Investigation,'' in the Appendix. On October 9, 2018, we released CBP 

data under Administrative Protective Order (APO) to all parties with 

access to information protected by APO and indicated that interested 

parties wishing to comment regarding the CBP data and respondent 

selection must do so within three business days of the publication date 

of the notice of initiation of this CVD investigation.\27\ Commerce 

will not accept rebuttal comments regarding the CBP data or respondent 

selection.

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    \26\ See Volume I of the Petition at 13-18.

    \27\ See memorandum, ``Aluminum Wire and Cable from the People's 

Republic of China; Release of Customs Data from U.S. Customs and 

Border Protection,'' dated October 9, 2018.

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    Interested parties must submit applications for disclosure under 

APO in accordance with 19 CFR 351.305(b). Instructions for filing such 

applications may be found on the Commerce's website at http://enforcement.trade.gov/apo.

    Comments regarding respondent selection must be filed 

electronically using ACCESS. An electronically filed document must be 

received successfully, in its entirety, by ACCESS no later than 5:00 

p.m. ET on the date established by Commerce. We intend to finalize our 

decisions regarding respondent selection within 20 days of publication 

of this notice.



Distribution of Copies of the Petition



    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 

351.202(f), copies of the public versions of the Petition have been 

provided to the GOC via ACCESS. To the extent practicable, we will 

attempt to provide a copy of the public version of the Petition to each 

exporter named in the Petition, as provided under 19 CFR 351.203(c)(2).



ITC Notification



    We will notify the ITC of our initiation, as required by section 

702(d) of the Act.



Preliminary Determination by the ITC



    The ITC will preliminarily determine, within 45 days after the date 

on which the Petition was filed, whether there is a reasonable 

indication that imports of aluminum wire and cable from China are 

materially injuring, or threatening material injury to, a U.S. 

industry.\28\ A negative ITC determination will result in the 

investigation being terminated.\29\ Otherwise, this investigation will 

proceed according to statutory and regulatory time limits.

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    \28\ See section 703(a)(2) of the Act.

    \29\ See section 703(a)(1) of the Act.

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Submission of Factual Information



    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 

Evidence submitted in response to questionnaires; (ii) evidence 

submitted in support of allegations; (iii) publicly available 

information to value factors under 19 CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 

placed on the record by Commerce; and (v) evidence other than factual 

information described in (i)-(iv). 19 CFR 351.301(b) requires any 

party, when submitting factual information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the information is being submitted 

\30\ and, if the information is submitted to rebut, clarify, or correct



[[Page 52808]]



factual information already on the record, to provide an explanation 

identifying the information already on the record that the factual 

information seeks to rebut, clarify, or correct.\31\ Time limits for 

the submission of factual information are addressed in 19 CFR 351.301, 

which provides specific time limits based on the type of factual 

information being submitted. Interested parties should review the 

regulations prior to submitting factual information in this 

investigation.

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    \30\ See 19 CFR 351.301(b).

    \31\ See 19 CFR 351.301(b)(2).

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Extensions of Time Limits



    Parties may request an extension of time limits before the 

expiration of a time limit established under 19 CFR 351.301, or as 

otherwise specified by the Secretary. In general, an extension request 

will be considered untimely if it is filed after the expiration of the 

time limit established under 19 CFR 351.301. For submissions that are 

due from multiple parties simultaneously, an extension request will be 

considered untimely if it is filed after 10:00 a.m. ET on the due date. 

Under certain circumstances, we may elect to specify a different time 

limit by which extension requests will be considered untimely for 

submissions which are due from multiple parties simultaneously. In such 

a case, we will inform parties in the letter or memorandum of the 

deadline (including a specified time) by which extension requests must 

be filed to be considered timely. An extension request must be made in 

a separate, stand-alone submission; under limited circumstances we will 

grant untimely-filed requests for the extension of time limits. Parties 

should review Extension of Time Limits; Final Rule, 78 FR 57790 

(September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual information 

in this investigation.



Certification Requirements



    Any party submitting factual information in an AD or CVD proceeding 

must certify to the accuracy and completeness of that information.\32\ 

Parties must use the certification formats provided in 19 CFR 

351.303(g).\33\ Commerce intends to reject factual submissions if the 

submitting party does not comply with the applicable certification 

requirements.

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    \32\ See section 782(b) of the Act.

    \33\ See Certification of Factual Information to Import 

Administration During Antidumping and Countervailing Duty 

Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 

frequently asked questions regarding the Final Rule, available at 

http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.

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Notification to Interested Parties



    Interested parties must submit applications for disclosure under 

APO in accordance with 19 CFR 351.305. On January 22, 2008, Commerce 

published Antidumping and Countervailing Duty Proceedings: Documents 

Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). 

Parties wishing to participate in this investigation should ensure that 

they meet the requirements of these procedures (e.g., the filing of 

letters of appearance as discussed at 19 CFR 351.103(d)).

    This notice is issued and published pursuant to sections 702 and 

777(i) of the Act and 19 CFR 351.203(c).



    Dated: October 11, 2018.

Gary Taverman,

Deputy Assistant Secretary for Antidumping and Countervailing Duty 

Operations, performing the non-exclusive functions and duties of the 

Assistant Secretary for Enforcement and Compliance.



Appendix I



Scope of the Investigation



    The scope of the investigation covers aluminum wire and cable, 

which is defined as an assembly of one or more electrical conductors 

made from 8000 Series Aluminum Alloys (defined in accordance with 

ASTM B800), Aluminum Alloy 1350 (defined in accordance with ASTM 

B230/B230M or B609/B609M), and/or Aluminum Alloy 6201 (defined in 

accordance with ASTM B398/B398M), provided that: (1) At least one of 

the electrical conductors is insulated; (2) each insulated 

electrical conductor has a voltage rating greater than 80 volts and 

not exceeding 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 investigation specifically excludes conductors 

that are included in equipment already assembled at the time of 

importation. Also excluded are aluminum wire and cable products in 

actual lengths less than six feet.

    The merchandise covered by the investigation is currently 

classifiable under subheading 8544.49.9000 of the Harmonized Tariff 

Schedule of the United States (HTSUS). Products subject to the scope 

may also enter under HTSUS subheading 8544.42.9090. The HTSUS 

subheadings are provided for convenience and customs purposes. The 

written description of the scope of the investigation is 

dispositive.



[FR Doc. 2018-22655 Filed 10-17-18; 8:45 am]

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