```

[Federal Register Volume 90, Number 16 (Monday, January 27, 2025)]
[Notices]
[Pages 8183-8187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01745]

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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 and Final Affirmative Determination of 
Circumvention With Respect to the Republic of Korea

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 Republic of 
Korea (Korea) 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. Commerce further determines that AWC completed in Korea using 
certain AWC inputs manufactured in China are circumventing the AD and 
CVD orders on AWC from China.

DATES: Applicable January 27, 2025.

FOR FURTHER INFORMATION CONTACT: Trinity Johnson, 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) 482-0114.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2024, Commerce published in the Federal Register its 
Preliminary Determinations that imports of AWC completed in Korea 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 Korea using certain AWC inputs are 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 affirmative 
determination of circumvention with respect to Korea.\2\ The ITC did 
not request consultations with Commerce. Between September 16 and 19, 
2024, Commerce conducted verification of the questionnaire responses 
submitted by Pusan Cables & Engineering Co., Ltd. (Pusan).\3\
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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.
    \3\ See Memorandum, ``Verification of the Responses of Pusan 
Cables & Engineering Co. Ltd. in the Circumvention and Scope Inquiry 
on the Antidumping Duty Order on Aluminum Wire and Cable from 
People's Republic of China,'' dated November 12, 2024.
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    On November 19, 2024, Gaon Cable Co., Ltd (Gaon Cable); Daewon 
Cable Co., Ltd. (Daewon Cable); Dong Il Electric Wire Co., Ltd. (Dong 
Il); and the domestic party Southwire Company LLC (Southwire) submitted 
case briefs.\4\ On November 26, 2024, Southwire and Pusan submitted 
rebuttal briefs.\5\ On December 12, 2024, Commerce extended the 
deadline for the final results of this circumvention and scope inquiry 
until January 8, 2025.\6\ On January 6, 2025, Commerce further extended 
the deadline for the final results of this circumvention and scope 
inquiry until January 17, 2025.\7\
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    \4\ See Gaon Cable's Letter, ``Case Brief of Gaon Cable Co., 
Ltd.,'' dated November 19, 2024; Daewon's Letter, ``Case Brief of 
Daewon Cable Co., Ltd.,'' dated November 19, 2024; Dong Il's Letter, 
``Case Brief of Dong Il Electric Wire Co., Ltd.,'' dated November 
19, 2024; and Southwire's Letter, ``Case Brief,'' dated November 19, 
2024.
    \5\ See Southwire's Letter, ``Rebuttal Case Brief regarding Gaon 
Cable Co., Ltd.,'' dated November 26, 2024; Southwire's Letter, 
``Rebuttal Case Brief regarding Daewon Cable Co., Ltd.,'' dated 
November 26, 2024; and Pusan's Letter, ``Pusan Rebuttal to Southwire 
Brief on Verification,'' dated November 26, 2024.
    \6\ See Memorandum, ``Extension of Deadlines for the Final 
Determinations in Circumvention Inquiries Pertaining to Korea and 
Vietnam,'' dated December 12, 2024; see also Memorandum ``Extension 
of Deadlines for the Final Determinations in Scope Inquiries 
Pertaining to Korea and Vietnam,'' dated December 12, 2024.
    \7\ See Memorandum, ``Extension of Deadlines for the Final 
Determinations in Circumvention Inquiries Pertaining to Korea and 
Vietnam,'' dated January 6, 2025; see also Memorandum ``Extension of 
Deadlines for the Final Determinations in Scope Inquiries Pertaining 
to Korea and Vietnam,'' dated January 6, 2025.
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    For a summary of events that occurred since the Preliminary 
Determinations, as well as a full discussion of the issues raised by 
parties for consideration in the final determination, see the Issues 
and Decision Memorandum.\8\
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    \8\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Circumvention Inquiry of the Antidumping and Countervailing 
Duty Orders on Aluminum Wire and Cable from the People's Republic of 
China with Respect to the Republic of Korea,'' dated concurrently 
with, and hereby adopted by, this notice.

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[[Page 8184]]

    The Issues and 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Orders 9
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    \9\ See Aluminum Wire and Cable from the People's Republic of 
China: Antidumping Duty and Countervailing Duty Orders, 84 FR 70496 
(December 23, 2019) (Orders).
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    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.

Merchandise Subject to the Scope and Circumvention Inquiries

    These inquiries cover AWC assembled or completed in Korea using 
Chinese-origin AWC inputs (e.g., stranded wire and cables or unfinished 
AWC) that is subsequently exported from Korea to the United States 
(inquiry merchandise). These inquiries cover exports of AWC from Korea 
that are assembled or completed using inputs of Chinese origin which 
undergo further processing in Korea. For a full description of the 
merchandise subject to these scope and circumvention inquiries, see 
Appendix II of this notice.

Analysis of Comments Received

    All issues raised in this inquiry are addressed in the Issues and 
Decision Memorandum. A list of the issues raised is attached to this 
notice as Appendix III. Based on our analysis of the comments received, 
we made no changes to 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 Korea using 
Chinese- origin inputs that does not satisfy the physical description 
of the scope of the Orders is not subject to the Orders.\10\
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    \10\ See Preliminary Determinations PDM at 11-14.
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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 Korea are 
circumventing the Orders.\11\ As a result, in accordance with section 
781(b) of the Act, Commerce determines that the inquiry merchandise 
exported from Korea should be included within the scope of the Orders. 
Commerce is making this affirmative determination of circumvention of 
the Orders on a country-wide basis.
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    \11\ Id.
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    We determine that Korean-origin AWC produced by Pusan with Chinese-
origin aluminum production inputs are circumventing the Orders. We have 
also determined, consistent with 19 CFR 351.226(m), that it is 
appropriate to apply this affirmative circumvention finding on a 
country-wide basis. As a result, in accordance with section 781(a) of 
the Act, we determine that this merchandise is covered by the Orders. 
We have continued to apply the methodology relied upon for the 
Preliminary Determinations, including our use of facts available with 
adverse inferences (AFA) with respect to Daewon Cable, LS Cable & 
System, Taehwa Co., Ltd., TMC Co., and Gaon Cable pursuant to sections 
776(a) and (b) of the Act, for our final determination. As AFA, we 
continue to determine that AWC exported to the United States by these 
five companies under AFA are circumventing the Orders. Furthermore, as 
AFA, we have determined that these companies are ineligible to certify 
that the AWC exported by these companies from Korea was produced using 
non-Chinese sourced inputs. For a detailed explanation of our 
determination, see the Preliminary Determinations and the Issues and 
Decision Memorandum.
    See the ``Certified Entries,'' ``Certification,'' and 
``Certification Requirements'' sections, below, for details regarding 
the use of certifications. See the ``Suspension of Liquidation and Cash 
Deposit Requirements'' section, below, for details regarding suspension 
of liquidation and cash deposit requirements.

Certified Entries

    Entries for which importers have met the certification requirements 
described below and in Appendix IV of this notice will not be subject 
to suspension of liquidation, or the cash deposit requirements 
described below. Failure to comply with the applicable requisite 
certification requirements may result in the merchandise being subject 
to AD and CVD duties.

Certification

    Daewon Cable, Gaon Cable, LS Cable & System, Taehwa Co., Ltd., and 
TMC Co., Ltd. will not be permitted to certify that their merchandise 
was not produced from Chinese-origin inputs. For all entries of AWC 
from Korea produced or exported by these companies, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
and require a cash deposit at the rate applicable to the AD and CVD 
Orders on AWC from China, i.e., the AD cash deposit rate established 
for China-wide entity (52.79 percent) and the CVD cash deposit rate 
established for all-others (33.44 percent). These suspension of 
liquidation instructions will remain in effect until further notice.
    To administer the final country-wide affirmative circumvention 
determination for Korea, Commerce has established importer and exporter 
certifications as provided for in Appendix IV to this notice. These 
certifications will permit eligible importers and exporters to 
establish that specific entries of AWC from Korea are not subject to 
suspension of liquidation or the collection of cash deposits pursuant 
to these final country-wide affirmative determinations of circumvention 
because the merchandise was processed in Korea 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 Korea 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 IV of this notice.

Certification Requirements

    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. Unless otherwise specified, 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

[[Page 8185]]

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 to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce, CBP, 
or both Commerce and 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 entries of AWC from Korea 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 the Preliminary 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.
    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) 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 final determination 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 third country CBP 
case numbers identified in the ``Suspension of Liquidation and Cash 
Deposit Requirements'' section, below. The importer should post cash 
deposits on those entries consistent with the regulations governing 
post summary corrections that require payment of additional duties, 
including AD/CVD 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 
final country-wide affirmative determinations of circumvention and the 
Orders,\12\ 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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    \12\ See Orders.
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Suspension of Liquidation and Cash Deposit Requirements

    Based on the affirmative country-wide determinations of 
circumvention, in accordance with 19 CFR 351.226(l)(3), we will direct 
CBP to suspend liquidation and require a cash deposit of estimated 
duties on unliquidated entries of AWC completed or assembled in Korea 
using Chinese-origin aluminum rod, aluminum wire, or aluminum wire 
strand, that were entered, or withdrawn from warehouse, for consumption 
on or after October 19, 2023, the date of publication of the Initiation 
Notice. In accordance with 19 CFR 351.226(l)(3), we will direct CBP to 
continue the suspension of liquidation of previously suspended entries 
and to suspend liquidation of all entries of AWC completed and 
assembled in Korea from Chinese-origin aluminum rod, aluminum wire, or 
aluminum wire strand that are entered, or withdrawn from warehouse, for 
consumption on or after October 19, 2023 (i.e., the date of publication 
of the Initiation Notice).\13\
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    \13\ See generally 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).
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    For all suspended U.S. entries of inquiry merchandise, the AD cash 
deposit rate will be the cash deposit rate for the China-wide entity 
(i.e., 52.79 percent).\14\ For all suspended U.S. entries of inquiry 
merchandise, the CVD cash deposit rate will be the all-others rate 
(i.e., 33.44 percent).\15\ Commerce has established the following 
third-country case numbers in the Automated Commercial Environment 
(ACE) for such entries: Korea A-580-095-000/C-580-096-000.
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    \14\ See Orders.
    \15\ Id.
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    Cash deposits for exports of AWC from Korea already subject to the 
Orders should continue to be collected in accordance with existing CBP 
instructions and Chinese ACE numbers for such entries: A-570-095/C-570-
096.
    These suspension of liquidation instructions and cash deposit 
requirements will remain in effect until further notice.

Opportunity To Request an Administrative Review

    Each year during the anniversary month of the publication of an AD 
or CVD order, finding, or suspended investigation, an interested party, 
as defined in section 771(9) of the Act, may request, in accordance 
with 19 CFR 351.213, that Commerce conduct an administrative review of 
that AD or CVD order, finding, or suspended investigation. Interested 
parties who wish to request that Commerce conduct an administrative 
review should wait until Commerce announces via the Federal Register 
the next window during the anniversary month of the publication of the 
AD or CVD order to submit such requests. The anniversary month for 
these Orders is December.

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: January 17, 2025.
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

[[Page 8186]]

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 
Korea using AWC inputs (e.g., stranded wire and cables or unfinished 
AWC) of Chinese-origin that is subsequently exported to the United 
States.
    Available evidence shows that AWC inputs from China are 
processed in Korea and subsequently exported to the United States. 
These inquiries cover exports of AWC made using inputs of Chinese-
origin that undergo further processing in Korea.
    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 Korea, even where determined to 
be out of scope, must still certify that merchandise is not subject 
to our country-wide finding of circumvention.\16\ Otherwise, their 
merchandise may be subject to antidumping and countervailing duties.
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    \16\ In such instances, see Appendix IV for certification 
requirements.
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Appendix III

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Merchandise Subject to the Scope and Circumvention Inquiries
IV. Period of Circumvention Inquiry
V. Changes From the Preliminary Determination
VI. Use of Facts Available With an Adverse Inference
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue To Apply Adverse 
Facts Available (AFA) to Gaon Cable Co., Ltd. (Gaon Cable) and 
Daewon Cable Co., Ltd. (Daewon Cable)
    Comment 2: Pusan Cables & Engineering Co., Ltd.'s (Pusan) 
Eligibility To Participate in the Certification Process
VIII. Recommendation

Appendix IV

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 Korea 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.
    (N) This certification was completed at time of shipment or 
within 45 days of the date on which Commerce issued its preliminary 
circumvention determination implementing the certification regime.

[[Page 8187]]

    (O) 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. 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 at time of shipment or 
within 45 days of the date on which Commerce issued its preliminary 
circumvention determination implementing the certification regime.
    (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. 2025-01745 Filed 1-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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