Aluminum Wire and Cable From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2019
| Published date | 12 July 2021 |
| Citation | 86 FR 36522 |
| Record Number | 2021-14748 |
| Section | Notices |
| Court | International Trade Administration |
Federal Register, Volume 86 Issue 130 (Monday, July 12, 2021)
[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Notices]
[Pages 36522-36523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14748]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-096]
Aluminum Wire and Cable From the People's Republic of China:
Rescission of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on
aluminum wire and cable from the People's Republic of China (China) for
the period of review (POR) April 8, 2019, through December 31, 2019.
DATES: Applicable July 12, 2021.
FOR FURTHER INFORMATION CONTACT: Caitlin Monks, 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) 482-2670.
SUPPLEMENTARY INFORMATION:
Background
On December 2, 2020, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the CVD
order on aluminum wire and cable from China covering the POR.\1\ On
December 31, 2020, Commerce received timely requests for review of
several companies from Encore Wire Corporation (Encore) and Southwire
Company LLC
[[Page 36523]]
(collectively, the petitioners),\2\ and separately, Repwire LLC
(Repwire).\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 85 FR 77433 (December 2, 2020) (Opportunity Notice).
\2\ See Petitioners' Letter, ``Aluminum Wire and Cable from the
People's Republic of China: Request for Administrative Review,''
dated December 31, 2020.
\3\ See Repwire's Letter, ``Aluminum Wire and Cable from the
People's Republic of China, C-570-096; Request for Administrative
Review,'' dated December 31, 2020.
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On February 4, 2020, in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act), Commerce published in the
Federal Register a notice initiating an administrative review of ICF
Cable and Jin Tiong Electrical Materials Manufacturer PTE. Limited (Jin
Tiong) (collectively, the Companies Subject to the Review).\4\ On
February 10, 2021, we notified interested parties that information from
U.S. Customs and Border Protection (CBP)'s database, which is comprised
of actual U.S. entries of subject merchandise, indicated that there
were no POR entries of aluminum wire and cable from China that are
subject to CVD duties with respect to the Companies Subject to the
Review.\5\ We invited interested parties to comment on the CBP Entry
Data.\6\ On February 18, 2021, Encore submitted comments in response to
the CBP Entry Data, alleging that ICF Cable exported Chinese-origin
subject merchandise to the United States during the POR, and requested
that Commerce select ICF Cable as a mandatory respondent in the instant
review.\7\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 8171 (February 4, 2021) (Initiation
Notice); see also, Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 17135 (April 1, 2021) (Revised
Initiation Notice).
\5\ See Memorandum, ``Results of U.S. Customs and Border
Protection Data Query,'' dated February 10, 2021 (CBP Entry Data).
\6\ Id.
\7\ See Encore's Letter, ``Aluminum Wire and Cable from the
People's Republic of China: Comments on Customs Data and Respondent
Selection,'' dated February 18, 2021 (Encore's Respondent Selection
Comments).
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On March 26, 2021, we requested that CBP confirm whether any
shipments of aluminum wire and cable from China, produced and/or
exported by ICF Cable or Jin Tiong entered the United States during the
POR.\8\ On April 1, 2021, CBP confirmed that there were no shipments of
subject merchandise produced and/or exported by ICF Cable or Jin Tiong
during the POR.\9\ We invited interested parties to comment on CBP's
Confirmation of No Shipments.\10\ On April 19, 2021, Encore submitted
timely comments in response to CBP's Confirmation of No Shipments.\11\
In its comments, Encore reiterated its claim that ICF Cable made sales,
shipments, and/or exports of aluminum wire and cable produced in China
during the POR without paying applicable cash deposits, and requested
that Commerce issue a quantity and value questionnaire to ICF
Cable.\12\ Our analysis of the record leads us to conclude that there
are no reviewable entries of aluminum wire and cable from China during
the POR. For a full discussion of the comments raised by Encore and our
analysis, see the Rescission Memorandum.\13\
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\8\ See Memorandum, ``Aluminum Wire and Cable from the People's
Republic of China; No Shipment Inquiry for ICF Cable and Jin Tiong
Electrical Materials Manufacturer PTE. Limited during the period 04/
08/2019 through 12/31/2019,'' dated April 13, 2021 (CBP's
Confirmation of No Shipments) at Attachment.
\9\ Id. at 1.
\10\ See Memorandum, ``Deadline for Rebuttal Factual
Information,'' dated April 14, 2021.
\11\ See Encore's Letter, ``Aluminum Wire and Cable from the
People's Republic of China: Comments on CBP No Shipments Response,''
dated April 19, 2021 (Encore's Rebuttal Comments).
\12\ Id.
\13\ See Memorandum, ``Rescission of the 2019 Countervailing
Duty Administrative Review,'' dated concurrently with this notice
(Rescission Memorandum).
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Rescission of Review
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\14\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the CVD
assessment rate calculated for the review period.\15\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry that Commerce can instruct CBP to liquidate at the CVD
assessment rate calculated for the review period.\16\ Accordingly, in
the absence of suspended entries of subject merchandise during the POR
for either of the companies named in the Initiation Notice, we are
hereby rescinding this administrative review in accordance with 19 CFR
351.213(d)(3).
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\14\ See, e.g., Lightweight Thermal Paper from the People's
Republic of China: Notice of Rescission of Countervailing Duty
Administrative Review; 2015, 82 FR 14349 (March 20, 2017).
\15\ See 19 CFR 351.212(b)(2).
\16\ See 19 CFR 351.213(d)(3).
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Assessment Rates
Commerce will instruct CBP to assess countervailing duties on all
appropriate entries. Because Commerce is rescinding this review in its
entirety, the entries to which this administrative review pertained
shall be assessed at rates equal to the cash deposit of estimated
countervailing duties required at the time of entry, or withdrawal from
warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Commerce intends to issue appropriate assessment instructions to CBP no
earlier than 35 days after the publication of this notice in the
Federal Register.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to the
administrative protective order (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/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: July 6, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-14748 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-DS-P
