49306 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 

22See Large Power Transformers from the 

Republic of Korea: Antidumping Duty Order, 77 FR 

53177 (August 31, 2012). 

1See Aluminum Wire and Cable from the 

People’s Republic of China: Antidumping Duty and 

Countervailing Duty Orders, 84 FR 70496 

(December 23, 2019) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 86 FR 

8166 (February 4, 2021) (Initiation Notice). 

3See Aluminum Wire and Cable from the 

People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 83 FR 52811 (October 18, 

2018). 

4See Memorandum, ‘‘Release of U.S. Customs 

and Border Protection Data,’’ dated February 10, 

2021. 

5See Encore’s Letter, ‘‘Aluminum Wire and Cable 

from the People’s Republic of China: Comments on 

Customs Data and Respondent Selection,’’ dated 

February 17, 2021. 

6See Memorandum, ‘‘Administrative Review of 

the Antidumping Duty Order of Aluminum Wire 

and Cable from the People’s Republic of China; 

2019–2020—Rescission of Questionnaire Issued to 

Jin Tiong Electrical Materials Manufacturer PTE, 

Limited,’’ dated July 28, 2020. 

7See Memorandum, ‘‘Administrative Review of 

the Antidumping Duty Order of Aluminum Wire 

and Cable from the People’s Republic of China; 

Removal of Questionnaire Issued to Jin Tiong 

Electrical Materials Manufacturer PTE, Limited,’’ 

dated July 29, 2021. 

8See Jin Tiong’s letter, ‘‘Aluminum Wire and 

Cable from the People’s Republic of China, A–570– 

095; Objection to Withdrawal of Questionnaire,’’ 

dated July 30, 2021. 

9See Southwire’s Letter, ‘‘Aluminum Wire and 

Cable from the People’s Republic of China: 

Response to Jin Tiong’s Objection to Withdrawal of 

Questionnaire; Request that the Department Reject 

Jin Tiong’s Section A Questionnaire Response,’’ 

dated August 9, 2021. 

10See Memorandum, ‘‘Administrative Review of 

the Antidumping Duty Order of Aluminum Wire 

and Cable from the People’s Republic of China; 

Rejection and Removal of Jin Tiong Electrical 

Materials Manufacturer PTE, Limited’s Unsolicited 

Section A Questionnaire Response,’’ dated August 

16, 2021. 

publication of the final results of this 

administrative review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 

administrative review, as provided by 

section 751(a)(2)(C) of the Act: (1) The 

cash deposit rate for Hyosung and other 

companies listed above will be equal to 

the weighted-average dumping margin 

established in the final results of this 

administrative review; (2) for previously 

reviewed or investigated companies not 

listed above, the cash deposit rate will 

continue to be the company-specific rate 

published for the most recently 

completed segment of this proceeding in 

which they were reviewed; (3) if the 

exporter is not a firm covered in this 

review, a prior review, or in the 

investigation but the producer is, the 

cash deposit rate will be the rate 

established for the most recently 

completed segment of this proceeding 

for the producer of the merchandise; 

and (4) the cash deposit rate for all other 

producers or exporters will continue to 

be the all-others rate of 22.00 percent, 

the rate established in the investigation 

of this proceeding.22 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice also serves as a reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: August 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Deadline for Submission of Updated Sales 

and Cost Information 

IV. Scope of the Order 

V. Preliminary Determination of No 

Shipments 

VI. Discussion of the Methodology 

VII. Rate for Non-Selected Companies 

VIII. Recommendation 

[FR Doc. 2021–19000 Filed 9–1–21; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–095] 

Aluminum Wire and Cable From the 

People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Administrative Review; 2019– 

2020 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting an 

administrative review of the 

antidumping duty (AD) order on 

aluminum wire and cable from the 

People’s Republic of China (China) 

covering the period June 5, 2019, 

through November 30, 2020. We 

preliminarily determine that ICF Cable 

and Jin Tiong Electrical Materials 

Manufacturer PTE, Limited (Jin Tiong) 

are not eligible for a separate rate, and, 

therefore, are part of the China-wide 

entity. Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable September 2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sean Carey, 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) 482–3964. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 23, 2019, Commerce 

published the AD order on aluminum 

wire and cable from China.1 On 

February 4, 2021, Commerce initiated 

the administrative review of the AD 

order on aluminum wire and cable from 

China covering the period June 5, 2019, 

through November 30, 2020.2 The 

petitioners in this proceeding are Encore 

Wire Corporation (Encore) and 

Southwire Company, LLC (Southwire).3

This review covers two producers or 

exporters of subject merchandise: ICF 

Cable and Jin Tiong. 

On February 10, 2021, Commerce 

released U.S. Customs and Border 

Protection (CBP) entry data for U.S. 

imports of aluminum wire and cable 

from China during the POR that were 

subject to the Order during the POR.4

Encore, one of the petitioners, submitted 

comments on the CBP entry data and 

respondent selection on February 17, 

2021.5

On July 28, 2021, Commerce 

determined that it had erroneously 

issued its questionnaire to Jin Tiong 6

(see ‘‘Preliminary Results of 

Administrative Review’’ section, below), 

and, accordingly, withdrew the 

questionnaire and removed it from the 

record.7 Jin Tiong objected to 

Commerce’s decision to withdraw the 

questionnaire on July 30, 2021.8 On 

August 5, 2021, Jin Tiong submitted a 

section A questionnaire response. 

Southwire, one of the petitioners, 

submitted comments on August 9, 2021, 

requesting Commerce to remove Jin 

Tiong’s section A questionnaire 

response from the record.9 On August 

16, 2021, Commerce rejected Jin Tiong’s 

Section A questionnaire and removed it 

from the record.10

Scope of the Order 

The products covered by this Order 

are aluminum wire and cable from 

China. For a full description of the 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 49307 

11See Antidumping Duty Investigation of Certain 

Aluminum Foil from the People’s Republic of 

China: Affirmative Preliminary Determination of 

Sales at Less Than Fair Value and Postponement 

of Final Determination, 82 FR 50858, 50861 

(November 2, 2017), and accompanying Preliminary 

Decision Memorandum at 8, unchanged in Certain 

Aluminum Foil from the People’s Republic of 

China: Final Determination of Sales at Less Than 

Fair Value, 83 FR 9282 (March 5, 2018). 

12See Initiation Notice, 86 FR at 8167. 

13 Id. 

14See ‘‘People’s Republic of China (‘China’) 

Separate Rate Application and Required Supporting 

Documentation,’’ available at https://

enforcement.trade.gov/nme/sep-rate-files/app20190221/prc-sr-app-022119.pdf, at 3. 

15 Id. 

16For ICF Cable and Jin Tiong, neither company 

had previously received a company-specific rate in 

the investigation, and, therefore, a separate rate 

application was the appropriate information which 

was required in this review for each company to 

demonstrate their eligibility for a separate rate. 

17See Hydrofluorocarbon Blends from the 

People’s Republic of China: Preliminary Results of 

the Antidumping Duty Administrative Review and 

Rescission of Antidumping Duty Administrative 

Review, in Part; 2019–2020, 86 FR 24587 (May 7, 

2021). 

18See Antidumping Proceedings: Announcement 

of Change in Department Practice for Respondent 

Selection in Antidumping Duty Proceedings and 

Conditional Review of the Nonmarket Economy 

Entity in NME Antidumping Duty Proceedings, 78 

FR 65963, 65970 (November 4, 2013). 

19See Order, 84 FR at 70497. 

20See 19 CFR 351.309(c). 

scope of this Order, see ‘‘Scope of the 

Order,’’ in the attached appendix. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 751(a)(1)(B) of the Tariff 

Act of 1930, as amended (the Act), and 

19 CFR 351.213. 

Preliminary Results of Administrative 

Review 

Commerce considers China to be a 

non-market economy (NME) country.11

In accordance with section 771(18)(C)(i) 

of the Act, any determination that a 

foreign country is an NME country shall 

remain in effect until revoked by 

Commerce. Therefore, we continue to 

treat China as an NME country for the 

purposes of these preliminary results. 

ICF Cable and Jin Tiong are the 

companies subject to this review. In the 

Initiation Notice, Commerce explained: 

In proceedings involving non-market 

economy (NME) countries, Commerce begins 

with a rebuttable presumption that all 

companies within the country are subject to 

government control and, thus, should be 

assigned a single antidumping duty deposit 

rate. It is Commerce’s policy to assign all 

exporters of merchandise subject to an 

administrative review in an NME country 

this single rate unless an exporter can 

demonstrate that it is sufficiently 

independent so as to be entitled to a separate 

rate. 

* * * * * 

All firms listed {in the Initiation Notice} 

that wish to qualify for separate rate status 

in the administrative reviews involving NME 

countries must complete, as appropriate, 

either a separate rate application or 

certification, as described below.’’ 12

Commerce also stated that either a 

separate rate certification or a separate 

rate application, as appropriate, is due 

from each company no later than 30 

days after publication of the Initiation 

Notice, noting that the deadline 

‘‘applies equally to NME-owned firms, 

wholly foreign-owned firms, and foreign 

sellers who purchase and export subject 

merchandise to the United States.’’ 13

Thus, the deadline for the submission of 

a separate rate certification or separate 

rate application in this review was 

March 16, 2021. 

The instructions for filing a separate 

rate application clearly state that each 

exporter is required to submit the 

necessary information needed to 

determine a company’s eligibility for 

separate rate consideration: 

Exporters, whether or not located in the 

NME country, owned wholly by entities 

located in market-economy countries, 

provided that the ultimate owners are also 

located in market-economy countries 

(‘‘wholly market-economy owned firms’’), 

need only fill out the certifications contained 

in this application and provide supporting 

documentation for the fields in the 

application that are marked with an asterisk, 

‘‘*.’’ These marked fields pertain to the firm’s 

eligibility for separate rates consideration 

and support the firm’s claim that it is in fact 

wholly owned by a market-economy entity. 

This information is also necessary for 

administration once a separate rate has been 

issued.14

Therefore, there is no basis for Jin 

Tiong’s claim that it was exempt from 

filing a separate rate application based 

on it being located in Singapore, a 

market-economy country. The separate 

rate application clearly instructs such a 

company to provide the necessary 

information to demonstrate that it is 

wholly foreign owned. 

Further, in the Initiation Notice, 

Commerce explained that ‘‘{f}or 

exporters and producers who submit a 

Separate Rate Application or 

Certification and subsequently are 

selected as mandatory respondents, 

these exporters and producers will no 

longer be eligible for separate rate status 

unless they respond to all parts of the 

questionnaire as mandatory 

respondents.’’ 15 Commerce thus 

notified the respondents under review 

that it would select respondents for 

individual examination from those 

companies that had submitted a 

separate rate application or certification 

(as applicable). Commerce did not 

receive a separate rate application from 

either ICF Cable or Jin Tiong.16

Therefore, absent the submission of the 

required information necessary to 

establish whether any exporter is 

independent from the control of the 

government of the subject NME, i.e., 

China, Jin Tong was not eligible for 

individual examination in this 

administrative review. Commerce thus 

withdrew the antidumping 

questionnaire erroneously sent to Jin 

Tiong. Additionally, because neither Jin 

Tong nor ICF Cable attempted to 

demonstrate that they are entitled to a 

separate rate, the aforementioned 

presumption of government control is 

applicable, and Commerce preliminary 

determines that both companies subject 

to this review are part of the China-wide 

entity.17

In addition, Commerce no longer 

considers the NME-wide entity as an 

exporter conditionally subject to an 

antidumping duty administrative 

review.18 Accordingly, the NME-wide 

entity is not under review unless 

Commerce specifically receives a 

request for and initiates, or self-initiates, 

a review of the NME-wide entity. In this 

administrative review, no party 

requested a review of the China-wide 

entity. Moreover, we have not selfinitiated a review of the China-wide 

entity. Because no review of the Chinawide entity has been initiated, the 

China-wide entity’s entries are not 

subject to the review, and the rate 

applicable to the China-wide entity is 

not subject to change as a result of this 

review. The existing weighted-average 

dumping margin, and, therefore, the 

applicable cash deposit rate and 

assessment rate for antidumping duties, 

is 52.79 percent, the rate established in 

the final determination of the less-thanfair-value investigation.19

Disclosure and Public Comment 

Normally, Commerce discloses the 

calculations used in its analysis to 

parties in a review within five days of 

the date of publication of the notice of 

preliminary results, in accordance with 

19 CFR 351.224(b). However, for the 

preliminary results of review, there are 

no calculations on the record to 

disclose. 

Interested parties may submit case 

briefs no later than 30 days after the 

date of publication of this notice.20

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than seven days after the time limit for 


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49308 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices 

21See 19 CFR 351.309(d); see also Temporary 

Rule Modifying AD/CVD Service Requirements Due 

to COVID–19, 85 FR 17006, 17007 (March 26, 2020); 

and Temporary Rule Modifying AD/CVD Service 

Requirements Due to COVID–19; Extension of 

Effective Period, 85 FR 41363 (July 10, 2020) 

(Temporary Rule). 

22See 19 CFR 351.309(c)(2). 

23See 19 CFR 351.310(c). 

24See 19 CFR 351.310(d). 

25See 19 CFR 351.303. 

26See 19 CFR 351.303(b)(1). 

27See Temporary Rule. 28See 19 CFR 351.212(b)(1). 

filing case briefs.21 Parties who submit 

case or rebuttal briefs in this proceeding 

are encouraged to submit with each 

argument: (1) A statement of the issue; 

(2) a brief summary of the argument; 

and (3) a table of authorities.22

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Assistant Secretary for Enforcement 

and Compliance, U.S. Department of 

Commerce, filed electronically via 

ACCESS within 30 days after the date of 

publication of this notice.23 Hearing 

requests should contain: (1) The party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. Issues 

raised in the hearing will be limited to 

issues raised in the briefs. If a request 

for a hearing is made, Commerce 

intends to hold the hearing at a date and 

time to be determined.24 Parties should 

confirm by telephone the date and time 

of the hearing two days before the 

scheduled date. 

All submissions should be filed using 

Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS).25 ACCESS is available to 

registered users at https://

access.trade.gov. An electronically-filed 

document must be received successfully 

in its entirety by ACCESS by 5:00 p.m. 

Eastern Time on the established 

deadline.26 Note that Commerce has 

temporarily modified certain of its 

requirements for serving documents 

containing business proprietary 

information, until further notice.27

Final Results of Review 

Unless otherwise extended, 

Commerce intends to issue the final 

results of this administrative review, 

which will include the results of its 

analysis of all issues raised in the case 

briefs, within 120 days of publication of 

these preliminary results, pursuant to 

section 751(a)(3)(A) of the Act. 

Assessment Rates 

Upon issuance of the final results of 

the administrative review, Commerce 

will determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries covered by this review.28 If 

Commerce continues to find in the final 

results that ICF Cable and Jin Tiong are 

both part of the China-wide entity, we 

intend to instruct CBP to liquidate 

entries of subject merchandise exported 

by ICF Cable and Jin Tiong at the rate 

applicable to the China-wide entity, 

52.79 percent. 

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective upon 

publication of the final results of this 

review for shipments of the subject 

merchandise from China entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date, as provided by sections 

751(a)(2)(C) of the Act: (1) For 

companies that have a separate rate, the 

cash deposit rate will be that established 

in the final results of this review 

(except, if the rate is zero or de minimis, 

then zero cash deposit will be required); 

(2) for previously investigated or 

reviewed Chinese or non-Chinese 

exporters not listed above that received 

a separate rate in a prior segment of this 

proceeding, the cash deposit rate will 

continue to be the existing exporterspecific rate; (3) for all exporters of 

subject merchandise that have not been 

found to be entitled to a separate rate, 

the cash deposit rate will be that for the 

China-wide entity (i.e., 52.79 percent); 

and (4) for all exporters of subject 

merchandise that are not located in 

China which have not received their 

own rate, the cash deposit rate will be 

the rate applicable to the exporter 

located in China that supplied the 

exporters not located in China. 

These deposit requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a reminder 

to importers of their responsibility 

under 19 CFR 351.402(f)(2) to file a 

certificate regarding the reimbursement 

of antidumping and countervailing 

duties prior to liquidation of the 

relevant entries during this review 

period. Failure to comply with this 

requirement could result in Commerce’s 

presumption that reimbursement of 

antidumping and countervailing duties 

occurred and the subsequent assessment 

of double antidumping duties. 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act, and 19 

CFR 351.221(b)(4). 

Dated: August 27, 2021. 

Christian Marsh, 

Acting Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

Scope of the Order 

The scope of the Order covers 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 Order 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 Order 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 is 

dispositive. 

[FR Doc. 2021–18991 Filed 9–1–21; 8:45 am] 

BILLING CODE 3510–DS–P 


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