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[Federal Register Volume 90, Number 16 (Monday, January 27, 2025)]
[Notices]
[Pages 8196-8200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01744]

[[Page 8196]]

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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 Socialist Republic of Vietnam

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 Socialist 
Republic of Vietnam (Vietnam) 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 
Vietnam 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: Mark Hoadley, 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) 482-1388.

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), 
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\ Commerce also, pursuant to 19 
CFR 351.226(b) and section 781(b) of the Tariff Act of 1930, as amended 
(the Act), 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.\3\
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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.
    \3\ Id.
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    On August 7, 2024, Commerce published in the Federal Register its 
Preliminary Determinations that imports of AWC completed in Vietnam 
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 Vietnam using certain AWC inputs are circumventing 
Orders.\4\ 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 Vietnam.\5\ The ITC did 
not request consultations with Commerce.
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    \4\ 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 Determination Memorandum (PDM); see also 
Orders.
    \5\ See Commerce's Letter, ``Notification of Affirmative and 
Negative Preliminary Determinations of Circumvention,'' dated August 
13, 2024.
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    Between September and October 2024, Commerce conducted verification 
of the questionnaire responses submitted by the Vietnamese respondents, 
ICF Cable Co. Ltd. (ICF) and Tanghenam Electric Wire and Cable Co., 
Ltd. (Tanghenam).\6\
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    \6\ See Memorandum, ``Verification of the Responses of Tanghenam 
Electric Wire and Cable 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 20, 2024 
(Tanghenam Verification Report); see also ``Verification of the 
Responses of ICF Cable 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 25, 2024 (ICF 
Verification Report).
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    On December 12, 2024, Commerce extended the deadline for the final 
determination of this circumvention inquiry to January 8, 2025.\7\ On 
January 6, 2025, Commerce further extended the deadline for the final 
determination to January 17, 2025.\8\ 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.\9\ 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 directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Extension of Deadlines for the Final 
Determinations in Circumvention Inquiries Pertaining to Korea and 
Vietnam,'' dated December 12, 2024.
    \8\ See Memorandum, ``Extension of Deadlines for the Final 
Determinations,'' dated January 6, 2025.
    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Scope Ruling and 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 
Socialist Republic of Vietnam,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum)
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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 Appendix I of this 
notice.

Merchandise Subject to the Scope and Circumvention Inquiries

    These inquiries cover AWC assembled or completed in Vietnam using 
Chinese-origin AWC inputs (e.g., stranded wire and cables or unfinished 
AWC) that is subsequently exported from Vietnam to the United States 
(inquiry merchandise). These inquiries cover exports of AWC from 
Vietnam that are assembled or completed using inputs of Chinese origin 
which undergo further processing in Vietnam. For a full description of 
the merchandise subject to the 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 in Appendix III. Based on our analysis of the comments received 
from Encore Wire Corporation (Encore), a domestic interested party and 
Tanghenam, we made changes from the Preliminary Determinations. 
Specifically, we applied partial adverse facts available (AFA) to our 
circumvention determination under sections 781(b)(2)(E) and 
781(b)(1)(D) of the Act with respect to Tanghenam. Furthermore, we are 
precluding Tanghenam from participating in the certification program 
for exports of AWC completed in Vietnam and subsequently exported to 
the United States; as well as not allowing Tanghenam to certify.

[[Page 8197]]

Methodology and Final Scope Ruling

    Commerce conducted this scope inquiry in accordance with 19 CFR 
351.225(k)(1), and made no changes to its methodology for this final 
scope ruling. Specifically, as discussed in the Preliminary 
Determinations, Commerce finds that AWC produced in Vietnam using 
Chinese-sourced inputs that do 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 7-10.
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Methodology and Final Circumvention Determination

    Commerce conducted this circumvention inquiry in accordance with 
section 781(a) of the Act and 19 CFR 351.226. Furthermore, as discussed 
in the Preliminary Determinations and the Issues and Decision 
Memorandum, Commerce determines that U.S. imports of inquiry 
merchandise from Vietnam are circumventing the Orders.\11\ We have 
continued to apply this methodology and incorporate by reference this 
description of the methodology for our final determination for ICF.\12\
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    \11\ Id. at 10-23; see also Issues and Decision Memorandum.
    \12\ See Issues and Decision Memorandum.
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    With regard to Tanghenam, Commerce has revised its preliminary 
circumvention analysis by relying on partial facts available with an 
adverse inference under section 776 of the Act for the purpose of 
reaching determinations under sections 781(b)(2)(E) and 781(b)(1)(D) of 
the Act as discussed in the Issues and Decision Memorandum and in the 
``Use of Facts Available'' section below.
    Commerce is making its final affirmative determination of 
circumvention on a country-wide basis. As a result, in accordance with 
section 781(b) of the Act, Commerce determines that the inquiry 
merchandise exported from Vietnam should be included within the scope 
of the Orders.
    We determine that Vietnamese-origin AWC produced by ICF and 
Tanghenam with Chinese-origin aluminum inputs is circumventing the 
Orders. We also determine that U.S. imports of Vietnamese-origin AWC 
produced with Chinese-sourced inputs are circumventing the Orders 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.\13\ 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.
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    \13\ See Preliminary Determinations PDM and the Issues and 
Decision Memorandum.
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Application of AFA

    In this final determination, Commerce finds that necessary 
information is not available on the record with respect to Tanghenam 
within the meaning of section 776(a)(1) of the Act. Tanghenam withheld 
requested information, failed to provide requested information by the 
deadline or in the form or manner requested, and significantly impeded 
the inquiry pursuant to sections 776(a)(1), (A), (B), and (C) of the 
Act. Moreover, Commerce finds that this company failed to cooperate by 
not acting to the best of its ability to provide the requested 
information pursuant to section 776(b)(1) of the Act. Consequently, we 
are relying on the application of partial adverse inferences with 
respect to Tanghenam in selecting from among the facts otherwise 
available on the record, pursuant to sections 776(a) and (b) of the 
Act; specifically, we have relied on AFA in reaching determinations 
under sections 781(b)(2)(E) and 781(b)(1)(D) of the Act.\14\
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    \14\ See Issues and Decision Memorandum.
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Suspension of Liquidation and Cash Deposits

    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 Vietnam 
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 or assembled 
in Vietnam 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).\15\
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    \15\ See, generally, Initiation Notice.
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    For all suspended U.S. entries of inquiry merchandise, the 
antidumping duty cash deposit rate will be the cash deposit rate for 
the China-wide entity (i.e., 52.79 percent).\16\ 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).\14\ Commerce has established the 
following third-country case numbers in the Automated Commercial 
Environment (ACE) for such entries: A-552-095-000/C-552-096-000.
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    \16\ See AD Order.
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    Cash deposits for exports of AWC from Vietnam 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.

Certified Entries

    Entries for which the importer and exporter have met the 
certification requirements described below and in Appendix IV 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 AD and CVD duties.

Certification

    For Tanghenam, which will not be permitted to certify that its 
merchandise was not produced from China-origin inputs, Commerce will 
direct CBP, for all entries of AWC from Vietnam produced or exported by 
Tanghenam, 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 Vietnam, 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 Vietnam 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 Vietnam and does not 
incorporate Chinese-sourced inputs.

[[Page 8198]]

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 Vietnam and does not incorporate 
Chinese-sourced inputs 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, 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 a broker, 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.). With the exception of the entries 
described below, 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 Vietnam to the United States.
    Additionally, the claims made in the certifications and any 
supporting documentation are subject to verification by Commerce or 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 AWC from Vietnam that was entered, or withdrawn from 
warehouse, for consumption during the period October 19, 2023 (the date 
of initiation of this circumvention inquiry), 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 
already be complete 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 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 third 
country CBP case numbers identified in the ``Suspension of Liquidation 
and Cash Deposit Requirements'' section, above. 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 or exporter has not met the 
certification and related documentation requirements for certain 
entries, Commerce intends to instruct CBP to suspend, pursuant to this 
country-wide affirmative determination of circumvention and the 
Orders,\17\ all unliquidated entries for which these requirements were 
not met and require the importer to post applicable cash deposits equal 
to the rates noted above.
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    \17\ See Orders.
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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 that Commerce conducts 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

    This notice will serve as the only reminder to all parties subject 
to an 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 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 
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).

[[Page 8199]]

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 
Vietnam 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 Vietnam and subsequently exported to the United States. 
These inquiries cover exports of AWC made using inputs of Chinese-
origin that undergo further processing in Vietnam.
    These preliminary 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 Vietnam, even where 
preliminarily determined to be out of scope, must still certify that 
merchandise is not subject to our country-wide finding of 
circumvention. Otherwise, their merchandise may be subject to 
antidumping and countervailing duties.

Appendix III

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Merchandise Subject to the Circumvention and Scope Inquiry
IV. Period of Circumvention Inquiry
V. Changes From the Preliminary Determinations
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Revise its Analysis Under 
Section 781(b)(2)(E) of the Act
    Comment 2: Levels of Investment and Research and Development, 
Patterns of Trade, and Changes in Imports of AWC Inputs Into Vietnam 
From China
    Comment 3: Revision of Verification Statements
    Comment 4: Application of Total AFA to Tanghenam
    Comment 5: Tanghenam's Participation 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 Vietnam 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.
    (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.

[[Page 8200]]

    (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. 2025-01744 Filed 1-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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