[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Notices]
[Pages 26069-26072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11712]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-095]


Aluminum Wire and Cable From the People's Republic of China: 
Affirmative Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that aluminum wire and cable from the People's Republic of China 
(China) is being, or is likely to be, sold in the United States at less 
than fair value (LTFV), for the period of investigation January 1, 
2018, through June 30, 2018. Interested parties are invited to comment 
on this preliminary determination.

DATES: Applicable June 5, 2019.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley or Kathryn Turlo, 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) 482-3148 or (202) 482-3870, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the notice of initiation of this investigation 
on October 18, 2018.\1\
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    \1\ See Aluminum Wire and Cable from the People's Republic of 
China: Initiation of Less-Than-Fair-Value Investigation, 83 FR 52811 
(October 18, 2018) (Initiation Notice); see also Memorandum, 
``Antidumping Duty Investigation Initiation Checklist: Aluminum Wire 
and Cable from the People's Republic of China (China),'' dated 
October 11, 2018 (Initiation Checklist).
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    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\2\ As a result of the 
tolling of deadlines, the revised deadline for the preliminary 
determination was April 9, 2019.
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    \2\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
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    Commerce also published the notice of postponement of preliminary 
determination of this investigation on March 19, 2019.\3\ Pursuant to 
sections 733(c)(1)(B)(i) and (ii) of the Tariff Act of 1930, as amended 
(the Act), we postponed the preliminary determination by 50 days.\4\ As 
a result of the postponement, the revised deadline for the preliminary 
determination of this investigation is May 29, 2019.
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    \3\ See Aluminum Wire Cable from China: Postponement of 
Preliminary Determination of Antidumping Duty Investigation, 84 FR 
10032 (March 19, 2019).
    \4\ Id.
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\5\ A list of topics included in the Preliminary Decision 
Memorandum are included as Appendix II to this notice. The Preliminary 
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, and it is available to 
all parties in the Central Records Unit, Room B8024 of the main 
Department of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination in the Antidumping Duty Investigation of Aluminum Wire 
and Cable from the People's Republic of China'' (Preliminary 
Decision Memorandum), dated concurrently with this notice.
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Scope of the Investigation

    The products covered by this investigation are aluminum wire and 
cable from China. For a full description of the scope of this 
investigation, see ``Scope of the Investigation'' in Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\6\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding the scope of this investigation.\7\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce is preliminarily modifying the scope 
language as it appeared in the Initiation Notice. For a summary of the 
scope comments submitted to the record for this preliminary 
determination, see the Preliminary Decision Memorandum.
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    \6\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \7\ See Initiation Notice.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, 
Commerce preliminarily has relied upon facts otherwise available, with 
adverse inferences, for the mandatory respondents Hebei Huatong Wires 
and Cables Group Co., Ltd. (Huatong) and

[[Page 26070]]

Shanghai Silin Special Equipment Co., Ltd. (Silin). Additionally, 
certain separate rate applicants failed to demonstrate their 
eligibility for a separate rate; thus, these companies are 
preliminarily found to be part of the China-wide entity.\8\ 
Furthermore, we find that the China-wide entity's lack of 
participation, including the failure of certain parts of the China-wide 
entity to respond to Commerce's questionnaires, constitute 
circumstances under which it is reasonable to conclude that the China-
wide entity as a whole, including Huatong and Silin, failed to 
cooperate to the best of its ability to comply with Commerce's requests 
for information. For a full description of the methodology underlying 
Commerce's preliminary determination, see the Preliminary Decision 
Memorandum.
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    \8\ The separate rate applicants preliminarily not receiving a 
separate rate are Ahcof International Development Co., Ltd. (Ahcof) 
and Jiangsu Ganghong Electric Wire & Power Cable Co., Ltd. 
(Jiangsu). For a full description of the methodology underlying 
Commerce's preliminary decision, see the Preliminary Decision 
Memorandum.
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Separate Rate

    In proceedings involving non-market economy (NME) countries, 
Commerce maintains a rebuttable presumption that all companies within 
the country are subject to government control and, therefore, should be 
assessed a single weighted-average dumping margin.\9\ It is Commerce's 
policy to assign all exporters of subject merchandise in an NME country 
a single rate unless an exporter can demonstrate an absence of 
government control, both in law (de jure) and in fact (de facto).\10\ 
Commerce preliminarily determines that the evidence placed on the 
record in this investigation by Changfeng Wire & Cable Co., Ltd. 
(Changfeng) and Wuxi Jiangnan Cable Co., Ltd. (Wuxi Jiangnan) 
demonstrates an absence of de jure and de facto government control. 
Because Commerce preliminarily determined the estimated weighted-
average dumping margin based on total adverse facts available (AFA) for 
the mandatory respondents in this investigation in accordance with 
section 776 of the Act, the estimated weighted-average dumping margin 
determined for the separate rate companies is a simple average of the 
Petition rates.\11\ For a full description of the methodology 
underlying Commerce's preliminary decision regarding separate rates, 
see the Preliminary Decision Memorandum.
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    \9\ See, e.g., Polyethylene Terephthalate Film, Sheet, and Strip 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value, 73 FR 55039, 55040 (September 24, 2008).
    \10\ See Final Determination of Sales at Less Than Fair Value: 
Sparklers from the People's Republic of China, 56 FR 20588, 20589 
(May 6, 1991) (Sparklers).
    \11\ See letter from the petitioners, ``Aluminum Wire and Cable 
from China: Antidumping and Countervailing Duty Petitions,'' dated 
September 21, 2018, and letter from the petitioners, ``Aluminum Wire 
and Cable from China: Amendment of Petitions and Response to 
Commerce's Supplemental Questions,'' dated September 28, 2018 
(collectively, the Petition).
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist:

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                                                                                                   Estimated
                                                                                                weighted-average
                                                                                Estimated        dumping margin
                                                                             weighted-average     adjusted for
                  Exporter                              Producer              dumping margin    export subsidies
                                                                                (percent)         (i.e., cash
                                                                                                 deposit rate)
                                                                                                   (percent)
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Changfeng Wire & Cable Co., Ltd............  Changfeng Wire & Cable Co.,                58.51              58.36
                                              Ltd.
Wuxi Jiangnan Cable Co., Ltd...............  Wuxi Jiangnan Cable Co., Ltd.              58.51              58.36
China-wide entity *........................  .............................              63.47              63.32
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* Includes the mandatory respondents, Huatong and Silin.

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
section entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
as discussed below. Further, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit based on the rate indicated in the chart above as follows: (1) 
For the producers/exporters listed in the table above, the cash deposit 
rate is equal to the rate listed in the table; (2) for all combinations 
of China producers/exporters of merchandise under consideration that 
have not established eligibility for their own separate rates, the cash 
deposit rate will be equal to the rate established for the China-wide 
entity; and (3) for all third-country exporters of merchandise under 
consideration not listed in the table above, the cash deposit rate is 
the cash deposit rate applicable to the China producer/exporter 
combination (or the China-wide entity) that supplied that third-country 
exporter.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted 
rates may be found in the ``Preliminary Determination'' section's chart 
of estimated weighted-average dumping margins, above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margins calculated in this preliminary determination unadjusted for the 
passed-through domestic subsidies or for export subsidies at the time 
the CVD provisional measures expire. These suspension of liquidation 
instructions will remain in effect until further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its public announcement or, if

[[Page 26071]]

there is no public announcement, within five days of the date of 
publication of this notice in accordance with 19 CFR 351.224(b). 
However, because Commerce preliminarily applied total AFA to the 
individually examined companies in this investigation, in accordance 
with section 776 of the Act, and the applied AFA rate is based on a 
rate alleged in the Petition, as included in the Initiation Checklist, 
there are no calculations to disclose.

Verification

    Because the mandatory respondents in this investigation did not 
provide information requested by Commerce, and Commerce preliminarily 
determines that each of the mandatory respondents have been 
uncooperative, verification will not be conducted.

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary determination, 
unless the Secretary alters the time limit. Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\12\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \12\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at the U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time 
and date to be determined. Parties should confirm by telephone the 
date, time, and location of the hearing two days before the scheduled 
date.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
petitioners. Section CFR 351.210(e)(2) of Commerce's regulations 
requires that requests by respondents for postponement of a final 
antidumping determination be accompanied by a request for extension of 
provisional measures from a four-month period to a period not more than 
six months in duration.
    In April 2019, pursuant to 19 CFR 351.210(b) and (e), Huatong and 
Silin requested that Commerce postpone the final determination and that 
provisional measures be extended to a period not to exceed six 
months.\13\ In accordance with section 735(a)(2)(A) of the Act and 19 
CFR 351.210(b)(2)(ii) and (e)(2), because: (1) Our preliminary 
determination is affirmative; (2) the requesting exporters account for 
a significant proportion of exports of the subject merchandise; and (3) 
no compelling reasons for denial exist, we are granting the 
respondents' request and are postponing the final determination until 
no later than 135 days after the publication of the preliminary 
determination notice in the Federal Register, and we are extending 
provisional measures from four months to a period not to exceed six 
months. Suspension of liquidation will be extended accordingly.
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    \13\ See letter from Huatong, ``Aluminum Wire and Cable from the 
People's Republic of China--Request for Extension of Final 
Determination and Provisional Measures,'' dated April 11, 2019; and 
letter from Silin, ``Aluminum Wire and Cable from People's Republic 
of China--Request for Extension of Final Determination and 
Provisional Measures,'' dated April 10, 2019.
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the International Trade Commission (ITC) of its preliminary 
determination of sales at LTFV. If the final determination is 
affirmative, the ITC will determine before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination whether imports of the subject merchandise are materially 
injuring, or threaten material injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: May 29, 2019.
Jeffrey I. Kessler,
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 1,000 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 1,000 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 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 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.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and Extension of Provisional 
Measures

[[Page 26072]]

V. Scope Comments
VI. Scope of the Investigation
VII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Surrogate Country and Surrogate Value Comments
    C. Separate Rates
    D. The China-wide Entity
    E. Application of Facts Available with Adverse Inferences
VIII. Adjustment Under Section 777(A)(f) of the Act
IX. Adjustments to Cash Deposit Rates for Export Subsidies
X. Verification
XI. Conclusion

[FR Doc. 2019-11712 Filed 6-4-19; 8:45 am]
BILLING CODE 3510-DS-P