Notice2021-18991
Aluminum Wire and Cable From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 2, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty (AD) order on aluminum wire and cable from the People's Republic of China (China) covering the period June 5, 2019, through November 30, 2020. We preliminarily determine that ICF Cable and Jin Tiong Electrical Materials Manufacturer PTE, Limited (Jin Tiong) are not eligible for a separate rate, and, therefore, are part of the China-wide entity. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 168 (Thursday, September 2, 2021)</title>
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[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Notices]
[Pages 49306-49308]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18991]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-095]
Aluminum Wire and Cable From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty (AD) order on aluminum
wire and cable from the People's Republic of China (China) covering the
period June 5, 2019, through November 30, 2020. We preliminarily
determine that ICF Cable and Jin Tiong Electrical Materials
Manufacturer PTE, Limited (Jin Tiong) are not eligible for a separate
rate, and, therefore, are part of the China-wide entity. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable September 2, 2021.
FOR FURTHER INFORMATION CONTACT: Sean Carey, 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) 482-3964.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2019, Commerce published the AD order on aluminum
wire and cable from China.\1\ On February 4, 2021, Commerce initiated
the administrative review of the AD order on aluminum wire and cable
from China covering the period June 5, 2019, through November 30,
2020.\2\ The petitioners in this proceeding are Encore Wire Corporation
(Encore) and Southwire Company, LLC (Southwire).\3\ This review covers
two producers or exporters of subject merchandise: ICF Cable and Jin
Tiong.
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\1\ See Aluminum Wire and Cable from the People's Republic of
China: Antidumping Duty and Countervailing Duty Orders, 84 FR 70496
(December 23, 2019) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 8166 (February 4, 2021) (Initiation
Notice).
\3\ 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).
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On February 10, 2021, Commerce released U.S. Customs and Border
Protection (CBP) entry data for U.S. imports of aluminum wire and cable
from China during the POR that were subject to the Order during the
POR.\4\ Encore, one of the petitioners, submitted comments on the CBP
entry data and respondent selection on February 17, 2021.\5\
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\4\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated February 10, 2021.
\5\ See Encore's Letter, ``Aluminum Wire and Cable from the
People's Republic of China: Comments on Customs Data and Respondent
Selection,'' dated February 17, 2021.
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On July 28, 2021, Commerce determined that it had erroneously
issued its questionnaire to Jin Tiong \6\ (see ``Preliminary Results of
Administrative Review'' section, below), and, accordingly, withdrew the
questionnaire and removed it from the record.\7\ Jin Tiong objected to
Commerce's decision to withdraw the questionnaire on July 30, 2021.\8\
On August 5, 2021, Jin Tiong submitted a section A questionnaire
response. Southwire, one of the petitioners, submitted comments on
August 9, 2021, requesting Commerce to remove Jin Tiong's section A
questionnaire response from the record.\9\ On August 16, 2021, Commerce
rejected Jin Tiong's Section A questionnaire and removed it from the
record.\10\
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\6\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order of Aluminum Wire and Cable from the People's Republic of
China; 2019-2020--Rescission of Questionnaire Issued to Jin Tiong
Electrical Materials Manufacturer PTE, Limited,'' dated July 28,
2020.
\7\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order of Aluminum Wire and Cable from the People's Republic of
China; Removal of Questionnaire Issued to Jin Tiong Electrical
Materials Manufacturer PTE, Limited,'' dated July 29, 2021.
\8\ See Jin Tiong's letter, ``Aluminum Wire and Cable from the
People's Republic of China, A-570-095; Objection to Withdrawal of
Questionnaire,'' dated July 30, 2021.
\9\ See Southwire's Letter, ``Aluminum Wire and Cable from the
People's Republic of China: Response to Jin Tiong's Objection to
Withdrawal of Questionnaire; Request that the Department Reject Jin
Tiong's Section A Questionnaire Response,'' dated August 9, 2021.
\10\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order of Aluminum Wire and Cable from the People's Republic of
China; Rejection and Removal of Jin Tiong Electrical Materials
Manufacturer PTE, Limited's Unsolicited Section A Questionnaire
Response,'' dated August 16, 2021.
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Scope of the Order
The products covered by this Order are aluminum wire and cable from
China. For a full description of the
[[Page 49307]]
scope of this Order, see ``Scope of the Order,'' in the attached
appendix.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
Preliminary Results of Administrative Review
Commerce considers China to be a non-market economy (NME)
country.\11\ 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 the purposes of these preliminary results.
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\11\ 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), and
accompanying Preliminary Decision Memorandum at 8, 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).
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ICF Cable and Jin Tiong are the companies subject to this review.
In the Initiation Notice, Commerce explained:
In proceedings involving non-market economy (NME) countries,
Commerce begins with a rebuttable presumption that all companies
within the country are subject to government control and, thus,
should be assigned a single antidumping duty deposit rate. It is
Commerce's policy to assign all exporters of merchandise subject to
an administrative review in an NME country this single rate unless
an exporter can demonstrate that it is sufficiently independent so
as to be entitled to a separate rate.
* * * * *
All firms listed {in the Initiation Notice{time} that wish to
qualify for separate rate status in the administrative reviews
involving NME countries must complete, as appropriate, either a
separate rate application or certification, as described below.''
\12\
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\12\ See Initiation Notice, 86 FR at 8167.
Commerce also stated that either a separate rate certification or a
separate rate application, as appropriate, is due from each company no
later than 30 days after publication of the Initiation Notice, noting
that the deadline ``applies equally to NME-owned firms, wholly foreign-
owned firms, and foreign sellers who purchase and export subject
merchandise to the United States.'' \13\ Thus, the deadline for the
submission of a separate rate certification or separate rate
application in this review was March 16, 2021.
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\13\ Id.
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The instructions for filing a separate rate application clearly
state that each exporter is required to submit the necessary
information needed to determine a company's eligibility for separate
rate consideration:
Exporters, whether or not located in the NME country, owned
wholly by entities located in market-economy countries, provided
that the ultimate owners are also located in market-economy
countries (``wholly market-economy owned firms''), need only fill
out the certifications contained in this application and provide
supporting documentation for the fields in the application that are
marked with an asterisk, ``*.'' These marked fields pertain to the
firm's eligibility for separate rates consideration and support the
firm's claim that it is in fact wholly owned by a market-economy
entity. This information is also necessary for administration once a
separate rate has been issued.\14\
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\14\ See ``People's Republic of China (`China') Separate Rate
Application and Required Supporting Documentation,'' available at
<a href="https://enforcement.trade.gov/nme/sep-rate-files/app-20190221/prc-sr-app-022119.pdf">https://enforcement.trade.gov/nme/sep-rate-files/app-20190221/prc-sr-app-022119.pdf</a>, at 3.
Therefore, there is no basis for Jin Tiong's claim that it was
exempt from filing a separate rate application based on it being
located in Singapore, a market-economy country. The separate rate
application clearly instructs such a company to provide the necessary
information to demonstrate that it is wholly foreign owned.
Further, in the Initiation Notice, Commerce explained that
``{f{time} or exporters and producers who submit a Separate Rate
Application or Certification and subsequently are selected as mandatory
respondents, these exporters and producers will no longer be eligible
for separate rate status unless they respond to all parts of the
questionnaire as mandatory respondents.'' \15\ Commerce thus notified
the respondents under review that it would select respondents for
individual examination from those companies that had submitted a
separate rate application or certification (as applicable). Commerce
did not receive a separate rate application from either ICF Cable or
Jin Tiong.\16\ Therefore, absent the submission of the required
information necessary to establish whether any exporter is independent
from the control of the government of the subject NME, i.e., China, Jin
Tong was not eligible for individual examination in this administrative
review. Commerce thus withdrew the antidumping questionnaire
erroneously sent to Jin Tiong. Additionally, because neither Jin Tong
nor ICF Cable attempted to demonstrate that they are entitled to a
separate rate, the aforementioned presumption of government control is
applicable, and Commerce preliminary determines that both companies
subject to this review are part of the China-wide entity.\17\
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\15\ Id.
\16\ For ICF Cable and Jin Tiong, neither company had previously
received a company-specific rate in the investigation, and,
therefore, a separate rate application was the appropriate
information which was required in this review for each company to
demonstrate their eligibility for a separate rate.
\17\ See Hydrofluorocarbon Blends from the People's Republic of
China: Preliminary Results of the Antidumping Duty Administrative
Review and Rescission of Antidumping Duty Administrative Review, in
Part; 2019-2020, 86 FR 24587 (May 7, 2021).
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In addition, Commerce no longer considers the NME-wide entity as an
exporter conditionally subject to an antidumping duty administrative
review.\18\ Accordingly, the NME-wide entity is not under review unless
Commerce specifically receives a request for and initiates, or self-
initiates, a review of the NME-wide entity. In this administrative
review, no party requested a review of the China-wide entity. Moreover,
we have not self-initiated a review of the China-wide entity. Because
no review of the China-wide entity has been initiated, the China-wide
entity's entries are not subject to the review, and the rate applicable
to the China-wide entity is not subject to change as a result of this
review. The existing weighted-average dumping margin, and, therefore,
the applicable cash deposit rate and assessment rate for antidumping
duties, is 52.79 percent, the rate established in the final
determination of the less-than-fair-value investigation.\19\
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\18\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\19\ See Order, 84 FR at 70497.
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Disclosure and Public Comment
Normally, Commerce discloses the calculations used in its analysis
to parties in a review within five days of the date of publication of
the notice of preliminary results, in accordance with 19 CFR
351.224(b). However, for the preliminary results of review, there are
no calculations on the record to disclose.
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\20\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the time limit for
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filing case briefs.\21\ Parties who submit case or rebuttal briefs in
this proceeding 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.\22\
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\20\ See 19 CFR 351.309(c).
\21\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007
(March 26, 2020); and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID-19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
\22\ See 19 CFR 351.309(c)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\23\ Hearing requests should contain: (1)
The party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\24\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date.
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\23\ See 19 CFR 351.310(c).
\24\ See 19 CFR 351.310(d).
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All submissions should be filed using Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS).\25\ ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. An electronically-filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.\26\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\27\
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\25\ See 19 CFR 351.303.
\26\ See 19 CFR 351.303(b)(1).
\27\ See Temporary Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of its analysis of all issues raised in the case briefs, within 120
days of publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of the administrative review,
Commerce will determine, and CBP shall assess, antidumping duties on
all appropriate entries covered by this review.\28\ If Commerce
continues to find in the final results that ICF Cable and Jin Tiong are
both part of the China-wide entity, we intend to instruct CBP to
liquidate entries of subject merchandise exported by ICF Cable and Jin
Tiong at the rate applicable to the China-wide entity, 52.79 percent.
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\28\ See 19 CFR 351.212(b)(1).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For companies that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Chinese or non-Chinese exporters not listed
above that received a separate rate in a prior segment of this
proceeding, the cash deposit rate will continue to be the existing
exporter-specific rate; (3) for all exporters of subject merchandise
that have not been found to be entitled to a separate rate, the cash
deposit rate will be that for the China-wide entity (i.e., 52.79
percent); and (4) for all exporters of subject merchandise that are not
located in China which have not received their own rate, the cash
deposit rate will be the rate applicable to the exporter located in
China that supplied the exporters not located in China.
These deposit requirements, when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and countervailing duties
occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: August 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the Order 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 Order 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 Order 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 is dispositive.
[FR Doc. 2021-18991 Filed 9-1-21; 8:45 am]
BILLING CODE 3510-DS-P
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