[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52811-52815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22656]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095]
Aluminum Wire and Cable From the People's Republic of China:
Initiation of Less-Than-Fair-Value Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable October 11, 2018.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo at (202) 482-3870 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 an antidumping duty (AD) 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 (Encore) and
Southwire Company, LLC (the petitioners), domestic producers of
aluminum wire and cable.\1\ The AD Petition was accompanied by a
countervailing duty (CVD) 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 I and
Volume II of the Petition (i.e., the AD 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
Antidumping Duties on Imports of Aluminum Wire and Cable from the
People's Republic of China: Supplemental Questions,'' dated
September 25, 2018 (AD Supplemental Questionnaire), 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,'' dated September 26, 2018 (General
Issues Supplemental Questionnaire).
\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 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of aluminum wire
and cable from China are being, or are likely to be, sold in the United
States at less-than-fair-value (LTFV) within the meaning of section 731
of the Act, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing
aluminum wire and cable in the United States. Consistent with section
732(b)(1) of the Act, the Petition is accompanied by information
reasonably available to the petitioners supporting their allegation.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry because the petitioners are interested parties as
defined in section 771(9)(C) of the Act. Commerce also finds that the
petitioners demonstrated sufficient industry support with respect to
the initiation of the requested AD investigation.\4\
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\4\ See the ``Determination of Industry Support for the
Petition'' section, infra.
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Period of Investigation
Because China is a non-market economy (NME) country, pursuant to 19
CFR 351.204(b)(1), the period of investigation (POI) is January 1,
2018, through June 30, 2018.
[[Page 52812]]
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 Petition Supplement, 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 scope 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).
\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 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, effective 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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Comments on Product Characteristics for AD Questionnaire
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of aluminum wire and cable
to be reported in response to Commerce's AD questionnaire. This
information will be used to identify the key physical characteristics
of the merchandise under consideration in order to report the relevant
factors of production accurately, as well as to develop appropriate
product-comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. In order to consider the suggestions of
interested parties in developing and issuing the AD questionnaire, all
product characteristics comments must be filed by 5:00 p.m. ET on
October 31, 2018, which is 20 calendar days from the signature date of
this notice.\10\ Any rebuttal comments must be filed by 5:00 p.m. ET on
November 12, 2018. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
the China LTFV investigation.
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\10\ See 19 CFR 351.303(b).
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Determination of Industry Support for the Petition
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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
[[Page 52813]]
``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 Petition.\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
Antidumping Duty Investigation Initiation Checklist: Aluminum Wire
and Cable from the People's Republic of China (China AD 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
732(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 domestic 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 AD 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
732(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 732(c)(4)(A)(ii) of the Act because the domestic
producers (or 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 732(b)(1) of the Act.
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\18\ See China AD Initiation Checklist, at Attachment II.
\19\ See section 732(c)(4)(D) of the Act; see also China AD
Initiation Checklist, at Attachment II.
\20\ See China AD 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 AD investigation that they are
requesting that Commerce initiate.\22\
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\22\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at less than normal value (NV). 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 petitioners contend 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 AD 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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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate an AD investigation
of imports of aluminum wire and cable from China. The sources of data
for the deductions and adjustments relating to U.S. price and NV are
discussed in greater detail in the China AD Initiation Checklist.
Export Price
The petitioners based U.S. export price (EP) on price sheets for
aluminum wire and cable offered for sale in the United States. The
price sheet was from a U.S. distributor of aluminum wire and cable in
the United States who is the leading U.S. distributor of aluminum wire
and cable produced by a Chinese producer/exporter of subject
merchandise.\26\ The petitioners made deductions from the U.S. prices
for estimated distributor's markup and international freight and
customs duties.\27\
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\26\ See Volume I of the Petition, at 20-23 and Exhibit GEN-13;
see also Petition Supplement, at Exhibit D.
\27\ Id.
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Normal Value
Commerce considers China to be an NME country.\28\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on factors of production (FOPs) valued in
a
[[Page 52814]]
surrogate market economy country, in accordance with section 773(c) of
the Act.\29\
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\28\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017) (citing
Memorandum to Gary Taverman, ``China's Status as a Non-Market
Economy,'' dated October 26, 2017), unchanged in Certain Aluminum
Foil from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value, 83 FR 9282 (March 5, 2018).
\29\ See China AD Initiation Checklist, at 8-9.
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The petitioners claim that Mexico is an appropriate surrogate
country for China because (1) Mexico is a market economy and at a
comparable level of economic development as China, based on per capita
gross national income,\30\ (2) Mexico is a significant producer of
comparable merchandise,\31\ and (3) public information from Mexico is
available to value all material input factors.\32\ The petitioners
provided publicly available information from Mexico to value all
FOPs.\33\ Therefore, based on the information provided by the
petitioners, we determine that it is appropriate to use Mexico as the
primary surrogate country for initiation purposes.\34\
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\30\ See Volume II of the Petition, at Exhibit GEN-17.
\31\ See Volume II of the Petition, at Exhibits GEN-18 and GEN-
19.
\32\ See Volume I of the Petition, at 24.
\33\ See Volume II of the Petition, at GEN-21 and GEN-22.
\34\ See China AD Initiation Checklist, at 8.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Based on their assertion that the specifications for aluminum wire
and cable products are standard across all producers in the United
States and China, the petitioners used Encore's own consumption rates
to estimate FOPs of Chinese producers/exporters.\35\ In addition, the
petitioners valued the estimated FOPs using surrogate values from
Mexico in U.S. dollars.\36\
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\35\ See Volume I of the Petition, at 24; see also Volume II of
the Petition, at Exhibits GEN-16 and GEN-20.
\36\ See Volume I of the Petition, at 24-25; see also Volume II
of the Petition, at Exhibits GEN-20, GEN-21 and GEN-22.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of aluminum wire and cable from China are being,
or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for aluminum wire and cable from
China are 53.54--63.47 percent.\37\
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\37\ See Petition Supplement, at 7 and Exhibit G.
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Initiation of LTFV Investigation
Based upon the examination of the Petition, we find that the
Petition meets the requirements of section 732 of the Act. Therefore,
we are initiating an AD investigation to determine whether imports of
aluminum wire and cable from China are being, or are likely to be, sold
in the United States at LTFV. In accordance with section 733(b)(1)(A)
of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 140 days after the date of this
initiation.
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.\38\ In accordance with our standard practice for respondent
selection in AD cases involving NME countries, we intend to issue
quantity and value (Q&V) questionnaires to producers/exporters of
merchandise subject to this investigation. In the event Commerce
determines that it cannot individually examine each company, where
appropriate, Commerce intends to select mandatory respondents based on
the responses received to its Q&V questionnaire. Commerce will request
Q&V information from known exporters and producers identified with
complete contact information in the Petition. In addition, Commerce
will post the Q&V questionnaires along with filing instructions on
Enforcement and Compliance's website at http://www.trade.gov/enforcement/news.asp.
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\38\ See Volume I of the Petition, at 24; see also Volume II of
the Petition, at Exhibits GEN-16 and GEN-20.
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Producers/exporters of aluminum wire and cable from China that do
not receive Q&V questionnaires by mail may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Enforcement & Compliance's website. The Q&V questionnaire response
must be submitted by the relevant Chinese exporters/producers no later
than 5:00 p.m. ET on October 25, 2018, which is two weeks from the
signature date of this notice. All Q&V responses must be filed
electronically via ACCESS.
Separate Rates
In order to obtain separate-rate status in an NME investigation,
exporters and producers must submit a separate-rate application.\39\
The specific requirements for submitting a separate-rate application in
this investigation are outlined in detail in the application itself,
which is available on Commerce's website at http://enforcement.trade.gov/nme/nme-sep-rate.html. The separate-rate
application will be due 30 days after publication of this initiation
notice.\40\ Exporters and producers who submit a separate-rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate-rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response to both the Q&V questionnaire and the separate-rate
application by the respective deadlines in order to receive
consideration for separate-rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate-rate
consideration.
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\39\ See Policy Bulletin 05.1: Separate-Rates Practice and
Application of Combination Rates in Antidumping Investigation
involving Non-Market Economy Countries (April 5, 2005), available at
http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin
05.1).
\40\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that the Department will
now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the weighted-average of the individually calculated rates.
This practice is referred to as the application of ``combination
rates'' because such rates apply to specific combinations of
exporters and one or more producers. The cash-deposit rate assigned
to an exporter will apply only to merchandise both exported by the
firm in question and produced by a firm that supplied the exporter
during the period of investigation.\41\
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\41\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petition
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the government of China via ACCESS. To the extent
practicable, we will
[[Page 52815]]
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
732(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.\42\ A negative ITC determination will result in the
investigation being terminated.\43\ Otherwise, the investigation will
proceed according to statutory and regulatory time limits.
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\42\ See section 733(a) of the Act.
\43\ Id.
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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). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \44\ and, if the information is submitted to rebut,
clarify, or correct 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.\45\ 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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\44\ See 19 CFR 351.301(b).
\45\ 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 a 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.\46\
Parties must use the certification formats provided in 19 CFR
351.303(g).\47\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\46\ See section 782(b) of the Act.
\47\ See also Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are 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 732(c)(2)
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. 2018-22656 Filed 10-17-18; 8:45 am]
BILLING CODE 3510-DS-P