Notice2024-30388
Aluminum Wire and Cable From the People's Republic of China: Final Negative Scope Ruling With Respect to the Kingdom of Cambodia; Final Negative Determination of Circumvention With Respect to the Kingdom of Cambodia
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
December 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of aluminum wire and cable (AWC) completed in the Kingdom of Cambodia (Cambodia) using certain AWC inputs manufactured in the People's Republic of China (China) are not covered by the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on AWC from China. In addition, Commerce determines that AWC completed in Cambodia using certain AWC inputs manufactured in China are not circumventing the AD and CVD orders on AWC from China.
Full Text
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<title>Federal Register, Volume 89 Issue 245 (Friday, December 20, 2024)</title>
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[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104085-104087]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30388]
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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:
Final Negative Scope Ruling With Respect to the Kingdom of Cambodia;
Final Negative Determination of Circumvention With Respect to the
Kingdom of Cambodia
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of aluminum wire and cable (AWC) completed in the Kingdom of
Cambodia (Cambodia) using certain AWC inputs manufactured in the
People's Republic of China (China) are not covered by the scope of the
antidumping duty (AD) and countervailing duty (CVD) orders on AWC from
China. In addition, Commerce determines that AWC completed in Cambodia
using certain AWC inputs manufactured in China are not circumventing
the AD and CVD orders on AWC from China.
DATES: Applicable December 20, 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 August 7, 2024, Commerce published in the Federal Register its
Preliminary Determinations that imports of AWC completed in Cambodia
using certain AWC inputs manufactured in China are not covered by the
scope of the AD and CVD orders on AWC from China and that imports of
AWC completed in Cambodia using certain AWC inputs are not
circumventing Orders.\1\ Pursuant to section 781(e) of the Tariff Act
of 1930, as amended (the Act), on August 13, 2024, Commerce notified
the U.S. International Trade Commission (ITC) of its preliminary
negative determination of circumvention with respect to Cambodia.\2\
The ITC did not request consultations with Commerce.
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\1\ See 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, 89
FR 64406 (August 7, 2024) (Preliminary Determinations), and
accompanying Preliminary Decision Memorandum (PDM); see also
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 Commerce's Letter, ``Notification of Affirmative and
Negative Preliminary Determinations of Circumvention,'' dated August
13, 2024.
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Between September 20 and September 27, 2024, Commerce conducted
verification of the questionnaire responses submitted by the Cambodian
respondents, Ruito Wire and Cable Co., Ltd. (Ruito Wire) and Xiantong
Wire and Cable Co., Ltd. (Xiantong Wire).\3\
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\3\ See Memoranda, ``Verification of the Responses Submitted by
Ruito Wire and Cable Co., Ltd.,'' and ``Verification of the
Responses Submitted by Xiantong Wire and Cable Co., Ltd.,'' both
dated November 8, 2024.
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On November 18, 2024, Ruito Wire and Xiantong Wire each submitted a
letter in lieu of a case brief for Commerce to consider for these final
determinations.\4\ In their letters, Ruito Wire and Xiantong Wire each
stated that the facts underlying Commerce's negative preliminary scope
and circumvention determinations have been verified as accurate and, as
a result, that Commerce should issue final negative scope and
circumvention determinations with respect to Cambodia.\5\ No other
party submitted comments for Commerce to consider for these final
determinations.
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\4\ See Ruito Wire's Letter, ``Letter in Lieu of Case Brief,''
dated November 18, 2024; see also Xiantong Wire's Letter, ``Letter
in Lieu of Case Brief,'' dated November 18, 2024.
\5\ Id.
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Scope of the Orders
The product covered by the scope of the Orders is AWC from China.
For a full description of the scope of the Orders, see Appendix I of
this notice.
[[Page 104086]]
Merchandise Subject to the Scope and Circumvention Inquiries
These inquiries cover AWC assembled or completed in Cambodia using
Chinese-origin AWC inputs (e.g., stranded wire and cables or unfinished
AWC) that is subsequently exported from Cambodia to the United States
(inquiry merchandise). These inquiries cover exports of AWC from
Cambodia that are assembled or completed using inputs of Chinese origin
which undergo further processing in Cambodia. For a full description of
the merchandise subject to these scope and circumvention inquiries, see
Appendix II of this notice.
Analysis of Comments Received
Commerce received no comments objecting to its findings in the
Preliminary Determinations with regard to its scope analysis conducted
under 19 CFR 351.225(k)(1), nor did Commerce receive any comments
objecting to its findings in the Preliminary Determinations regarding
its analysis under the circumvention factors of section 781(b) of the
Act. Accordingly, Commerce made no changes to its Preliminary
Determinations, and no decision memoranda accompany this Federal
Register notice. For a complete description of the Commerce's analysis,
see the Preliminary Determinations.
Methodology and Final Scope Ruling
Commerce conducted this scope inquiry in accordance with 19 CFR
351.225(k)(1), and it made no changes to its methodology for this final
scope ruling. Specifically, as discussed in the Preliminary
Determinations, Commerce finds that AWC produced in Cambodia using
Chinese-origin inputs that do not satisfy the physical description of
the scope of the Orders is not subject to the Orders.\6\
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\6\ See Preliminary Determinations PDM at 5-8.
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Methodology and Final Circumvention Determination
Commerce conducted this circumvention inquiry in accordance with
section 781(b) of the Act and 19 CFR 351.226. Commerce made no changes
to its methodology for this final circumvention determination.
Specifically, as discussed in the Preliminary Determinations, Commerce
determines that U.S. imports of inquiry merchandise from Cambodia are
not circumventing the Orders.\7\ As a result, in accordance with
section 781(b) of the Act, Commerce determines that the inquiry
merchandise exported from Cambodia should not be included within the
scope of the Orders. Commerce is making this negative determination of
circumvention of the Orders on a country-wide basis.
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\7\ Id.
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Termination of Suspension of Liquidation and Refund of Cash Deposits
Pursuant to 19 CFR 351.225(l)(1) and 19 CFR 351.226(l)(1), Commerce
notified U.S. Customs and Border Protection (CBP) of the initiation of
these scope and circumvention inquiries and directed CBP to continue
the suspension of liquidation of entries of products subject to these
scope and circumvention inquiries that were already subject to the
suspension of liquidation under the Orders and to apply the cash
deposit rate that would be applicable if the products were determined
to be covered by the scope of the Orders.\8\
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\8\ See CBP Message No. 3299401, ``Initiation of Circumvention
Inquiry--Antidumping/Countervailing Orders on Aluminum Wire Cable
from the People's Republic of China (China) (A-570-095; C-570-
096),'' dated October 26, 2023; see also CBP Message No. 3299402,
``Initiation of Scope Inquiry--Antidumping/Countervailing Duty
Orders on Aluminum Wire Cable from the People's Republic of China
(China) (A-570-095; C-570-096),'' dated October 26, 2023. These CBP
messages are publicly available on CBP's AD/CVD website at <a href="https://trade.cbp.dhs.gov/ace/adcvd/adcvd-public/#">https://trade.cbp.dhs.gov/ace/adcvd/adcvd-public/#</a>.
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In accordance with 19 CFR 351.225(l)(4) and 19 CFR 351.226(l)(4),
Commerce will order CBP to terminate the suspension of liquidation and
refund cash deposits for any entries of inquiry merchandise that are
suspended under the case numbers applicable to this inquiry (i.e., A-
570-095 and C-570-096).
Administrative Protective Order (APO)
This notice will serve as the only reminder to all parties subject
to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return or destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing this notice in accordance with
sections 781(b) and 777(i) of the Act, 19 CFR 351.225(h), and 19 CFR
351.226(g)(2).
Dated: December 13, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Orders
The merchandise subject to the Orders is 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 Orders 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 Orders 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 Orders is dispositive.
Appendix II--Merchandise Subject to the Scope and Circumvention
Inquiries
The scope and circumvention inquiries cover AWC completed in
Cambodia using AWC inputs (e.g., stranded wire and cables or
unfinished AWC) of Chinese-origin that is subsequently exported from
Vietnam to the United States.
Available evidence shows that AWC inputs from China are
processed in Cambodia and subsequently exported to the United
States. These inquiries cover exports of AWC made using inputs of
Chinese-origin that undergo further processing in Cambodia.
These final determinations apply to all shipments of inquiry
merchandise on or after the date of the initiation of these
circumvention and scope inquiries (i.e., October 19, 2023).
Importers and exporters of AWC from Cambodia, even where
[[Page 104087]]
determined to be out of scope, must still certify that merchandise
is not subject to our country-wide finding of circumvention.\9\
Otherwise, their merchandise may be subject to antidumping and
countervailing duties.
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\9\ In such instances, see Appendix II of the Preliminary
Determinations for certification requirements. Although the importer
certification requirements in the Preliminary Determinations at
Appendix II reference the Republic of Korea and the Socialist
Republic of Vietnam, U.S. importers may modify these certification
requirements to reference Cambodia.
[FR Doc. 2024-30388 Filed 12-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 20, 2024.
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