[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Notices]
[Pages 64406-64411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17473]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-095, C-570-096]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that imports of aluminum wire and cable (AWC) completed in 
Cambodia, the Republic of Korea (Korea), and the Socialist Republic of 
Vietnam (Vietnam) (collectively, the third countries) using certain AWC 
inputs manufactured in the People's Republic of China (China) are not 
covered by scope of the antidumping duty (AD) and countervailing duty 
(CVD) orders on AWC from China. In addition, Commerce preliminarily 
determines that AWC completed in Korea and Vietnam using certain AWC 
inputs manufactured in China are circumventing the orders. Commerce 
also preliminarily determines that AWC completed in Cambodia using 
certain AWC inputs manufactured in China are not circumventing the 
orders. Commerce is also imposing a certification requirement with 
respect to applicable entries from Korea and Vietnam. Interested 
parties are invited to comment on these preliminary determinations.

DATES: Applicable August 7, 2024.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On December 23, 2019, Commerce published the orders in the Federal 
Register.\1\ On October 19, 2023, pursuant to 19 CFR 351.225(b),

[[Page 64407]]

Commerce self-initiated scope inquiries to determine whether imports of 
AWC completed in Cambodia, Korea, and Vietnam using inputs manufactured 
in China are covered by the Orders.\2\ On this same day, pursuant to 19 
CFR 351.226(b) and section 781(b) of the Tariff Act of 1930, as amended 
(the Act), Commerce also self-initiated country-wide circumvention 
inquiries to determine whether imports of AWC from Cambodia, Korea, and 
Vietnam, if outside of the scope of the Orders, are nonetheless 
circumventing the Orders. Commerce aligned both the scope and 
circumvention inquiries in accordance with 19 CFR 351.225(e)(3) and 19 
CFR 351.226(e)(e).
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    \1\ See 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 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), and accompanying Initiation 
Memorandum.
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    In the Initiation Notice, Commerce determined that it is 
appropriate to first determine whether the merchandise is subject to 
the scope of the Orders through a scope inquiry before considering 
whether the merchandise is circumventing the Orders. Commerce also 
stated that, accordingly, it would initially conduct a scope inquiry of 
the merchandise at issue, and then once it has made a determination as 
the scope coverage status of the merchandise, would determine whether 
to proceed with a circumvention inquiry.\3\
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    \3\ See Initiation Notice.
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    Between February 12 and 23, 2024, Commerce selected respondents 
from each of the third countries as mandatory respondents in these 
scope and circumvention inquiries.\4\ On March 8, 2024, Commerce 
extended the deadline for these preliminary determinations until June 
13, 2024.\5\ On June 5, 2024, and based on a request from Encore Wire 
Corporation (Encore) and Southwire Company LLC (Southwire) 
(collectively, the petitioners),\6\ Commerce further extended these 
preliminary determinations to July 12, 2024.\7\ On July 12, 2024, we 
further extended the deadline for the preliminary determinations to 
July 24, 2024.\8\ On July 22, 2024, Commerce tolled certain deadlines 
in this administrative proceeding by seven days. The deadline for these 
preliminary determinations is now July 31, 2024.\9\ For a complete 
description of the events that followed initiation of these scope and 
circumvention investigations, see the Preliminary Decision 
Memoranda.\10\ The Preliminary Decision Memoranda are public documents 
and are 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, complete versions of the Preliminary 
Decision Memoranda can be access directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memoranda, ``Respondent Selection Regarding the Scope 
and Circumvention Inquiries with Respect to the Republic of Korea,'' 
dated February 12, 2024; ``Respondent Selection Regarding the Scope 
and Circumvention Inquiries with Respect to the Socialist Republic 
of Vietnam,'' dated February 12, 2024; and ``Respondent Selection 
Regarding the Scope and Circumvention Inquires for the Kingdom of 
Cambodia,'' dated February 23, 2024.
    \5\ See Memorandum, ``Extension of Deadlines for the Preliminary 
Determinations in Circumvention Inquiries,'' dated March 8, 2024.
    \6\ See Petitioners' Letter, ``Petitioners' Request that 
Commerce Extend the Deadlines for its Scope Rulings and Preliminary 
Circumvention Determinations,'' dated May 14, 2024.
    \7\ See Memorandum, ``Extension of Deadlines for the Final 
Determination in Circumvention Inquiries,'' dated June 5, 2024.
    \8\ See Memorandum, ``Extension of Deadlines for the Preliminary 
Determinations in Circumvention Inquiries,'' dated July 12, 2024.
    \9\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \10\ See Memoranda, ``Preliminary Decision Memorandum for the 
Scope Inquiry and Preliminary Decision Memorandum for the 
Circumvention Inquiry with Respect to Cambodia,'' (Cambodia 
Preliminary Decision Memorandum); ``Preliminary Decision Memorandum 
for the Scope Inquiry and Preliminary Decision Memorandum for the 
Circumvention Inquiry with Respect to the Republic of Korea;'' and 
``Preliminary Decision Memorandum for the Scope Inquiry and 
Preliminary Decision Memorandum for the Circumvention Inquiry with 
Respect to the Socialist Republic of Vietnam,'' all dated 
concurrently with, and hereby adopted by this notice (collectively, 
Preliminary Decision Memoranda).
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Scope of the Orders

    The products subject to the Orders are aluminum wire and cable. For 
a full description of the scope of the Orders, see the Preliminary 
Decision Memoranda.

Merchandise Subject to the Scope and Anti-Circumvention Inquiries

    These inquiries cover AWC assembled or completed in either 
Cambodia, Korea, or Vietnam using Chinese-origin AWC inputs (e.g., 
stranded wire and cables or unfinished AWC) that is subsequently 
exported from the third countries to the United States (inquiry 
merchandise). These inquiries cover exports of AWC from the third 
countries that are assembled or completed using inputs of Chinese 
origin which undergo further processing in the third countries.

Scope Determinations

    As detailed in the Preliminary Decision Memoranda, Commerce 
preliminarily determines that the AWC in question that is produced in 
the third countries using Chinese inputs does not meet the physical 
description of the scope of the Orders and, therefore, the AWC produced 
in the third countries does not fall under the scope of the Orders.\11\ 
Commerce noted in the Preliminary Decision Memoranda that it recently 
made a similar finding regarding merchandise subject to the scope of 
the Orders.\12\
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    \11\ See the Preliminary Decision Memoranda at the sections, 
``Scope Inquiry.''
    \12\ Id., citing Notice of Scope Rulings, 89 FR 47896 (June 4, 
2024), at the section ``A-570-096 and C-570-096: Aluminum Wire and 
Cable from China,'' and accompanying Memorandum, ``Aluminum Wire and 
Cable from the People's Republic of China: Scope Ruling for Imperium 
Cables, LLC,'' dated December 2, 2023, a public document and is on 
file electronically via ACCESS.
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    Commerce notes that these preliminary scope determinations are 
subject to verification of record information submitted by the company 
respondents in the third countries that are subject to these inquiries. 
At the completion of these inquiries, Commerce will serve a copy of 
these scope determinations to interested parties on the scope service 
list. In addition, Commerce will issue appropriate instructions to U.S. 
Customs and Border Protection (CBP).

Methodology Regarding Circumvention Inquiries

    Commerce made these preliminary circumvention determinations in 
accordance with section 781(b) of the Act and 19 CFR 351.226. With 
respect to Korea and Vietnam, we relied on the facts available under 
section 776(a) of the Act, including facts available with adverse 
inferences under section 776(b) of the Act, where appropriate.\13\ For 
a full description of the methodology underlying these preliminary 
determinations, see the Preliminary Decision Memoranda. A list of 
topics discussed in the Preliminary Decision Memoranda is included as 
Appendix I to this notice.
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    \13\ See the Preliminary Decision Memoranda with Respect to 
Korea and Vietnam at the section, ``Use of Facts Otherwise Available 
and Application of Adverse Inferences.''
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Affirmative Preliminary Determinations of Circumvention: Korea and 
Vietnam

    As detailed in the Preliminary Decision Memoranda, Commerce 
preliminarily determines that U.S. imports of inquiry merchandise from 
Korea and from Vietnam are

[[Page 64408]]

circumventing the Orders on a country-wide basis.\14\ As a result, 
Commerce preliminarily determines that it is appropriate to include 
inquiry merchandise within the Orders and to instruct CBP to suspend 
entries of AWC from Korea or from Vietnam that were produced in either 
Korea or Vietnam and that are produced using inputs sourced from China. 
To administer these preliminary affirmative determinations of 
circumvention, exporters and importers of AWC completed in Korea or 
Vietnam using non-Chinese origin aluminum wire rod, aluminum wire 
strand, or aluminum wire will be permitted to attest that specific 
entries are not subject to the suspension of liquidation or the 
collection of cash deposits.
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    \14\ See the Preliminary Decision Memoranda with respect to 
Korea and Vietnam at the section, ``Certification Process and 
Country-Wide Preliminary Affirmative Determination of 
Circumvention.''
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    See the ``Suspension of Liquidation'' section below for details 
regarding the suspension of liquidation and cash deposit requirements. 
See the ``Certification'' and ``Certification Requirements'' sections 
below regarding the use of certifications.

Suspension of Liquidation

    Based on the preliminary affirmative country-wide determinations of 
circumvention with respect to Korea and Vietnam, in accordance with 19 
CFR 351.225(l)(2), Commerce will direct CBP to suspend liquidation and 
to require a cash deposit of estimated duties on unliquidated entries 
of inquiry merchandise that were entered, or withdrawn from warehouse, 
for consumption, on or after October 19, 2023, the date of publication 
of the initiation of these circumvention inquiries in the Federal 
Register.\15\
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    \15\ See Initiation Notice.
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    Where companies subject to these inquiries have their own company-
specific rate under the Orders, the cash deposit rate will be the 
company-specific rate. Otherwise, Commerce will instruct CBP to require 
AD cash deposits equal to the China-wide rate of 52.79 percent and CVD 
cash deposits equal to 33.44 percent.\16\ The suspension of liquidation 
will remain in effect until further notice.
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    \16\ See Orders.
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Negative Preliminary Determination of Circumvention: Cambodia

    Also as detailed in the Cambodia Preliminary Decision Memorandum, 
Commerce preliminarily determines that U.S. imports of inquiry 
merchandise from Cambodia are not circumventing the Orders.\17\ As a 
result, in accordance with section 781(b) of the Act, Commerce 
preliminarily determines that the inquiry merchandise exported from 
Cambodia should not be included within the scope of the Orders.
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    \17\ See Cambodia Preliminary Decision Memorandum at the 
section, ``Country-Wide Preliminary Negative Determination of 
Circumvention.''
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Certified Entries

    Entries for which the importer has met the certification 
requirements described below and in Appendix II to this notice will not 
be subject to suspension of liquidation, or the cash deposit 
requirements described above. Failure to comply with the applicable 
requisite certification requirements may result in the merchandise 
being subject to antidumping and countervailing duties.

Certifications

    To administer the preliminary country-wide affirmative 
circumvention determinations for Korea and for Vietnam, Commerce has 
established importer and exporter certifications as provided for in 
Appendix II to this notice. These certifications will permit importers 
and exporters to establish that specific entries of AWC from Korea and 
Vietnam are not subject to suspension of liquidation or the collection 
of cash deposits pursuant to these preliminary country-wide affirmative 
determinations of circumvention because the merchandise was processed 
in either Korea or in Vietnam 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 either Korea or in Vietnam 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 II of this notice.

Certification Requirements for Korea and Vietnam

    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. 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 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 or Vietnam to the United 
States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce and/or 
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 AWC from Korea or Vietnam 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 these preliminary affirmative 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 as soon as practicable, but not later 
than 45 days after the date of publication of these preliminary 
determinations in the Federal Register. For such entries, importers, 
and exporters each have the option to complete a blanket certification 
covering multiple entries, individual certifications for each entry, or 
a combination thereof. The exporter must provide the importer with a 
copy of the exporter certification within 45 days of the date of 
publication of these preliminary determinations in the Federal 
Register.
    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)

[[Page 64409]]

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 
preliminary determinations 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 following third-country case 
numbers: Korea A-580-095-000/C-580-096-000; and Vietnam A-552-095-000/
C-552-096-000. Other third-country case numbers may be established 
following the process described above. The importer should pay cash 
deposits on those entries consistent with the regulations governing 
post summary corrections that require payment of additional 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 
preliminary country-wide affirmative determinations of circumvention 
and the Orders,\18\ 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.
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    \18\ See Orders.
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    Interested parties may comment on these certification requirements, 
and on the certification language contained in the appendices to this 
notice in their case briefs.

Verification

    As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the 
information relied upon in making its final determinations.

Public Comment and Request for Hearing

    Case briefs or other written comments should be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than seven 
days after the date on which any verification report is issued. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline for case 
briefs.\19\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in these circumvention inquiries 
must submit: (1) a statement of the issue; and (2) a table of 
authorities. Case and rebuttal briefs should be filed using ACCESS.
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    \19\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069 (September 29, 2023) 
(APO and Service Final Rule).
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    As provided in 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In these scope and circumvention inquiries, 
we instead request that interested parties provide at the beginning of 
their briefs, a public executive summary for each issue raised in their 
briefs.\20\ Further, we request that interested parties limit their 
public executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in these scope 
and circumvention inquiries. We request that interested parties include 
footnotes for relevant citations in the public executive summary of 
each issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\21\
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    \20\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \21\ See APO and Service Final Rule.
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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 in the Federal Register, 
filed electronically via ACCESS. Requests should contain: (1) the 
requesting party's name, address, and telephone number; (2) the number 
of individuals from the requesting party that will attend the hearing; 
and (3) a list of the issues that the party intends to discuss at the 
hearing. Oral presentations at the hearing will be limited to issues 
raised in the briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing.

U.S. International Trade Commission Notification

    Commerce, consistent with section 781(e) of the Act, will notify 
the U.S. International Trade Commission (ITC) of these preliminary 
determinations to include the merchandise subject to these 
circumvention inquiries within the Orders. Pursuant to section 781(e) 
of the Act, the ITC may request consultations concerning Commerce's 
proposed inclusion of the inquiry merchandise. If, after consultations, 
the ITC believes that a significant injury issue is presented by the 
proposed inclusion, it will have 60 days from the date of notification 
by Commerce to provide written advice.

Notification to Interested Parties

    Commerce is issuing and publishing these determinations in 
accordance with section 781(b) of the Act, 19 CFR 351.225(g), and 19 
CFR 351.226(g)(1).

    Dated: July 31, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix I

Topics Discussed in the Preliminary Decision Memoranda

Cambodia

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to These Circumvention and Scope Inquiries
V. Scope Inquiry
VI. Circumvention Inquiry
VII. Country-Wide Preliminary Negative Determination of 
Circumvention
VIII. Recommendation

Korea

I. Summary
II. Background
III. Treatment of Voluntary Respondent
IV. Untimely Submission
V. Scope of the Orders
VI. Merchandise Subject to These Circumvention and Scope Inquiries
VII. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VIII. Scope Inquiry
IX. Circumvention Inquiry
X. Summary of Statutory Analysis
XI. Certification Process and Country-Wide Preliminary Affirmative 
Determination of Circumvention
XII. Recommendation

Vietnam

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to These Circumvention and Scope Inquiries
V. Use of Facts Otherwise Available and Application of Adverse 
Inferences
VI. Scope Inquiry
VII. Circumvention Inquiry
VIII. Certification Process and Country-Wide Preliminary Affirmative 
Determination of Circumvention

[[Page 64410]]

IX. Recommendation

Appendix II

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 {select 
Korea or Vietnam{time}  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.
    This certification was completed and signed on, or prior to, the 
date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (N) 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.

[[Page 64411]]

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 and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (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. 2024-17473 Filed 8-6-24; 8:45 am]
BILLING CODE 3510-DS-P