[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