Countervailing Duty Investigation of Certain Amorphous Silica Fabric From the People's Republic of China: Final Affirmative Determination, 8405-8408 [2017-01635]
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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE
ADMINISTRATION
[C–570–039]
Countervailing Duty Investigation of
Certain Amorphous Silica Fabric From
the People’s Republic of China: Final
Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
certain amorphous silica fabric (silica
fabric) from the People’s Republic of
China (the PRC). For information on the
estimated subsidy rates, see the ‘‘Final
Determination and Suspension of
Liquidation’’ section of this notice.
DATES: Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Emily Maloof or John Corrigan, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone
(202) 482–5649 or (202) 482–7438,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
The Department published the
Preliminary Determination on July 5,
2016.1 A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum 2 issued concurrently
with this notice. 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
mstockstill on DSK3G9T082PROD with NOTICES
1 See
Countervailing Duty Investigation of Certain
Amorphous Silica Fabric from the People’s
Republic of China: Preliminary Determination and
Alignment of Final Determination with Final
Antidumping Duty Determination, 81 FR 43579
(July 5, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(Preliminary Decision Memorandum).
2 See Memorandum to Paul Piquado, from Gary
Taverman, ‘‘Issues and Decision Memorandum for
the Final Determination in the Countervailing Duty
Investigation of Certain Amorphous Silica Fabric
from the People’s Republic of China,’’ dated
concurrently with this determination and hereby
adopted by this notice (Issues and Decision
Memorandum).
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registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version are identical in content.
Period of Investigation
The period of investigation for which
we are measuring subsidies is January 1,
2015, through December 31, 2015.
Scope Comments
The Department set aside a period of
time for parties to address scope issues.3
We received no scope comments.4 In the
Preliminary Determination, we did not
modify the scope language from what
appeared in the Initiation Notice.5 No
interested party submitted scope
comments in case or rebuttal briefs.
Therefore, the scope of this
investigation remains unchanged for
this final determination.
Scope of the Investigation
The merchandise covered by this
investigation is silica fabric from the
PRC. For a complete description of the
scope of this investigation, see
Appendix II.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs submitted by
the parties, are discussed in the Issues
and Decision Memorandum. A list of
the issues that parties raised, and to
which we responded in the Issues and
Decision Memorandum, is attached to
this notice at Appendix I.
Use of Adverse Facts Available (AFA)
In making its findings, the
Department relied, in part, on facts
available. For mandatory respondent
Nanjing Tianyuan Fiberglass Material
Co., Ltd. (Nanjing Tianyuan), we are
basing certain countervailing duty
(CVD) rates on facts otherwise available,
pursuant to sections 776(a)(2)(C) and (D)
3 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 81 FR 8909
(February 23, 2016) (Initiation Notice).
4 On March 13, 2016, the Department received a
letter dated March 7, 2016, from Lewco Specialty
Products, Inc. We rejected this letter as improperly
filed and removed it from the record of this
proceeding. See Memorandum to the File, ‘‘Re:
Request to Take Action on Certain Barcodes,’’ dated
March 18, 2016.
5 See Initiation Notice, 81 FR at 8912–13.
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8405
of the Tariff Act of 1930, as amended
(the Act). Further, because Nanjing
Tianyuan did not cooperate to the best
of its ability in this investigation by not
providing necessary information
requested by the Department, we
determine that an adverse inference in
selecting from the facts available is
warranted with respect to certain
countervailable subsidy programs,
pursuant to section 776(b) of the Act.
The Department has, therefore, relied, in
part, on AFA in calculating Nanjing
Tianyuan’s subsidy rates.
Regarding ACIT (Pinghu) Inc. and
ACIT (Shanghai) Inc. (collectively,
ACIT),6 we determine that the
application of AFA is warranted with
regard to the Government of the PRC’s
(GOC’s) provision of Export Buyer’s
Credits and thus determine, as AFA,
that ACIT benefitted from the Export
Buyer’s Credit program.
In addition, the Department has
applied a total AFA rate to the 48
companies that failed to respond to the
Department’s quantity and value
questionnaire.7
For further information on the
Department’s application of adverse
facts available, as summarized above,
see the section titled ‘‘Use of Facts
Otherwise Available and Adverse
Inferences,’’ in the Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the comments received from parties,
and minor corrections presented at
verification, we made certain changes to
ACIT’s and Nanjing Tianyuan’s subsidy
rate calculations since the Preliminary
Determination. For a discussion of these
changes, see the Issues and Decision
Memorandum and the Final Calculation
Memoranda.8
Final Determination and Suspension of
Liquidation
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
an individual rate for each producer/
6 See Preliminary Determination and
accompanying Preliminary Determination
Memorandum at 11 (finding ACIT (Pinghu) Inc. and
ACIT (Shanghai) Inc. to be cross-owned).
7 See Preliminary Determination at 81 FR 43579–
43582.
8 See Issues and Decision Memorandum; see also
Memorandum to the File, ‘‘Countervailing Duty
Investigation of Certain Amorphous Silica Fabric
from the People’s Republic of China: ACIT (Pinghu)
Inc. and ACIT (Shanghai) Inc. Final Analysis
Memorandum,’’ dated January 17, 2017 (ACIT’s
Final Calculation Memorandum); see also
Memorandum to the File, ‘‘Nanjing Tianyuan
Fiberglass Material Co., Ltd. Final Analysis
Memorandum,’’ dated January 17, 2017 (Nanjing
Tianyuan’s Final Calculation Memorandum).
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exporter of the subject merchandise
individually investigated, i.e. ACIT and
Nanjing Tianyuan. In accordance with
section 705(c)(5)(A) of the Act, for
companies not individually
investigated, we apply an ‘‘all-others’’
rate, which is normally calculated by
weighting the subsidy rates of the
individual companies selected as
mandatory respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the
‘‘all-others’’ rate excludes zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as rates based
entirely on facts otherwise available.
Where the rates for the individually
investigated companies are all zero or
de minimis, or determined entirely
using facts otherwise available, section
705(c)(5)(A)(ii) of the Act instructs the
Department to establish an ‘‘all-others’’
rate using ‘‘any reasonable method.’’
Where the countervailable subsidy rates
for all of the individually investigated
respondents are zero or de minimis or
are based on total AFA, the
Department’s practice, pursuant to
705(c)(5)(A)(ii), is to calculate the all
others rate based on a simple average of
the zero or de minimis margins and the
margins based on total AFA.
Pursuant to section 705(c)(5)(A)(i) of
the Act, we have calculated the ‘‘allothers’’ rate using the subsidy rates of
the two individually investigated
respondents. However, we have not
calculated the ‘‘all-others’’ rate by
weight-averaging the rates because
doing so risks disclosure of proprietary
information. Therefore, and consistent
with the Department’s practice, for the
‘‘all-others’’ rate, we calculated a simple
average of the two mandatory
respondents’ subsidy rates.9
Subsidy rate
(Percent)
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Exporter/producer
ACIT (Pinghu) Inc. and ACIT (Shanghai) Inc. .....................................................................................................................................
Nanjing Tianyuan Fiberglass Material Co., Ltd. ..................................................................................................................................
Acmetex Co., Ltd.,* ..............................................................................................................................................................................
Beijing Great Pack Materials, Co. Ltd.,*
Beijing Landingji Engineering Tech Co., Ltd.,*
Changshu Yaoxing Fiberglass Insulation Products Co., Ltd.,*
Changzhou Kingze Composite Materials Co., Ltd.,*
Changzhou Utek Composite Co.,*
Chengdu Chang Yuan Shun Co., Ltd.,*
China Beihai Fiberglass Co., Ltd.,*
China Yangzhou Guo Tai Fiberglass Co., Ltd.,*
Chongqing Polycomp International Corp.,*
Chongqing Yangkai Import & Export Trade Co., Ltd.,*
Cixi Sunrise Sealing Material Co., Ltd.,*
Fujian Minshan Fire-Fighting Co., Ltd.,*
Grand Fiberglass Co., Ltd.*
Haining Jiete Fiberglass Fabric Co., Ltd.,*
Hebei Yuniu Fiberglass Manufacturing Co., Ltd.,*
Hebei Yuyin Trade Co., Ltd.,*
Hengshui Aohong International Trading Co., Ltd.,*
Hitex Insulation (Ningbo) Co., Ltd.,*
Mowco Industry Limited,*
Nanjing Debeili New Materials Co., Ltd.,*
Ningbo Fitow High Strength Composites Co., Ltd.,*
Ningbo Universal Star Industry & Trade Limited,*
Ningguo BST Thermal Protection Products Co., Ltd.,*
Qingdao Feelongda Industry & Trade Co., Ltd.,*
Qingdao Shishuo Industry Co., Ltd.,*
Rugao City Ouhua Composite Material Co., Ltd.,*
Rugao Nebola Fiberglass Co., Ltd.,*
Shanghai Bonthe Insulative Material Co., Ltd.,*
Shanghai Horse Construction Co., Ltd.,*
Shanghai Liankun Electronics Material Co., Ltd.,*
Shanghai Suita Environmental Protection Technology Co., Ltd.,*
Shangqui Huanyu Fiberglass Co., Ltd.,*
Shengzhou Top-Tech New Material Co., Ltd.,*
Shenzhen Songxin Silicone Products Co., Ltd.,*
Taixing Chuanda Plastic Co., Ltd.,*
Taixing Vichen Composite Material Co., Ltd.,*
TaiZhou Xinxing Fiberglass Products Co., Ltd.,*
Tenglong Sealing Products Manufactory Yuyao,*
Texaspro (China) Company,*
Wallean Industries Co., Ltd.,*
Wuxi First Special-Type Fiberglass Co., Ltd.,*
Wuxi Xingxiao Hi-Tech Material Co., Ltd.,*
Yuyao Feida Insulation Sealing Factory,*
Yuyao Tianyi Special Carbon Fiber Co., Ltd.,*
Zibo Irvine Trading Co., Ltd.,*
Zibo Yao Xing Fire-Resistant and Heat-Preservation Material Co., Ltd.,*
Zibo Yuntai Furnace Technology Co., Ltd.*
9 See, e.g., Countervailing Duty Investigation of
Boltless Steel Shelving Units Prepackaged for Sale
from the People’s Republic of China: Preliminary
Determination and Alignment of Final
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Determination With Final Antidumping Duty
Determination, 80 FR 5089 (January 30, 2015),
unchanged in Boltless Steel Shelving Units
Prepackaged for Sale from the People’s Republic of
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48.94
79.90
165.39
China: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
80 FR 64745 (October 24, 2015).
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8407
Subsidy rate
(Percent)
Exporter/producer
All-Others .............................................................................................................................................................................................
64.42
* Non-cooperative company to which an AFA rate is being applied. See Issues and Decision Memorandum and Preliminary Decision Memorandum for additional information.
mstockstill on DSK3G9T082PROD with NOTICES
As a result of our Preliminary
Determination, and pursuant to sections
703(d)(1)(B) and (2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of all entries of merchandise under
consideration from the PRC that were
entered or withdrawn from warehouse,
for consumption, on or after July 5,
2016, the date of publication of the
Preliminary Determination in the
Federal Register.
In accordance with section 703(d) of
the Act, we later issued instructions to
CBP to discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after November
2, 2016, but to continue the suspension
of liquidation of all entries between July
5, 2016, and November 1, 2016.
If the U.S. International Trade
Commission (the ITC) issues a final
affirmative injury determination, we
will issue a CVD order, will reinstate the
suspension of liquidation under section
706(a) of the Act, and will require a cash
deposit of estimated CVDs for such
entries of subject merchandise in the
amounts indicated above. If the ITC
determines that material injury, or
threat of material injury, does not exist,
this proceeding will be terminated and
all estimated duties deposited or
securities posted as a result of the
suspension of liquidation will be
refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
Return or Destruction of Proprietary
Information
In the event the ITC issues a final
negative injury determination, this
notice serves as the only reminder to
parties subject to an APO of their
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20:29 Jan 24, 2017
Jkt 241001
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 terms of an
APO is a violation subject to sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty
Law to Imports from the PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and
Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether the Department
Should Apply AFA to the Provision of
Fiberglass Yarn for Less Than Adequate
Remuneration (LTAR)
Comment 2: Whether the Department
Should Incorporate Corrections Made to
the Fiberglass Cloth Database as
Reported by ACIT Pinghu and ACIT
Shanghai
Comment 3: Whether the Department
Should Apply Partial AFA for Failure To
Provide a Questionnaire Response for a
Former Affiliate of ACIT Shanghai
Comment 4: Whether the Allegation of the
Provision of Fiberglass Cloth for LTAR is
Flawed
Comment 5: Whether Domestic Chinese
Producers of Fiberglass Cloth Are
Government ‘‘Authorities’’
Comment 6: Whether the Provision of
Fiberglass Cloth for LTAR Is Specific
Comment 7: Whether To Use an In-China
Benchmark To Measure the Adequacy of
Remuneration for Fiberglass Cloth
Comment 8: Whether the Benchmark for
the Provision of Fiberglass Cloth for
LTAR is Flawed
Comment 9: Whether the Department
Should Adjust the Fiberglass Cloth
Benchmark for a Value-Added Process
Comment 10: Whether the Department
Should Exclude Value-Added Tax (VAT)
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from the Tariff Rate in its Calculations
for the Electricity for LTAR Program and
Exclude VAT from the Calculation for
the Provision of Fiberglass Cloth for
LTAR
Comment 11: Whether the Department
Should Revise the Ocean Freight
Benchmark
Comment 12: Whether the Department
Should Continue its Use of Zeroing with
Regard to Calculation of the Benefit of
Fiberglass Cloth for LTAR
Comment 13: Whether the Department
Should Make Corrections to its Subsidy
Calculations Regarding the Provision of
Fiberglass Cloth at LTAR
Comment 14: Whether the Department
Should Exclude Certain World Export
Prices for Fiberglass Cloth Pertaining to
the PRC
Comment 15: Whether the Department
Should Revise the Denominator Used To
Calculate the Benefit Received by ACIT
for the Provision of Fiberglass Cloth at
LTAR
Comment 16: Whether the Department
Should Find that ACIT and Nanjing
Tianyuan Benefitted from Export Seller’s
Credits Because the GOC Failed to
Provide Evidence of Non-Use at
Verification
Comment 17: Whether the Department
Should Find That ACIT and Nanjing
Tianyuan Benefitted from Export Buyer’s
Credits
Comment 18: Whether the Provision of
Electricity for LTAR is Countervailable
Comment 19: Whether the GOC Provided
Policy Loans to ACIT and Nanjing
Tianyuan During the Period of
Investigation
Comment 20: Whether the Department
Should Apply AFA to the Government
Provision of Land for LTAR in Special
Economic Zones
Comment 21: Whether the Department
Should Calculate the All-Others Rate
Based on the Calculated Rate for ACIT
Pinghu and Nanjing Tianyuan
Comment 22: Whether the Department’s
Investigation of Uninitiated Programs Is
Unlawful
Comment 23: Whether the Department’s
CVD Rates Should Reflect an Adjustment
for Programs that Have Been Terminated
XI. Recommendation
Appendix II
Scope of the Investigation
The product covered by this investigation
is woven (whether from yarns or rovings)
industrial grade amorphous silica fabric,
which contains a minimum of 90 percent
silica (SiO2) by nominal weight, and a
nominal width in excess of 8 inches. The
investigation covers industrial grade
amorphous silica fabric regardless of other
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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
materials contained in the fabric, regardless
of whether in roll form or cut-to-length,
regardless of weight, width (except as noted
above), or length. The investigation covers
industrial grade amorphous silica fabric
regardless of whether the product is
approved by a standards testing body (such
as being Factory Mutual (FM) Approved), or
regardless of whether it meets any
governmental specification.
Industrial grade amorphous silica fabric
may be produced in various colors. The
investigation covers industrial grade
amorphous silica fabric regardless of whether
the fabric is colored. Industrial grade
amorphous silica fabric may be coated or
treated with materials that include, but are
not limited to, oils, vermiculite, acrylic latex
compound, silicone, aluminized polyester
(Mylar®) film, pressure-sensitive adhesive, or
other coatings and treatments. The
investigation covers industrial grade
amorphous silica fabric regardless of whether
the fabric is coated or treated, and regardless
of coating or treatment weight as a percentage
of total product weight. Industrial grade
amorphous silica fabric may be heat-cleaned.
The investigation covers industrial grade
amorphous silica fabric regardless of whether
the fabric is heat-cleaned.
Industrial grade amorphous silica fabric
may be imported in rolls or may be cut-tolength and then further fabricated to make
welding curtains, welding blankets, welding
pads, fire blankets, fire pads, or fire screens.
Regardless of the name, all industrial grade
amorphous silica fabric that has been further
cut-to-length or cut-to-width or further
finished by finishing the edges and/or adding
grommets, is included within the scope of
this investigation.
Subject merchandise also includes (1) any
industrial grade amorphous silica fabric that
has been converted into industrial grade
amorphous silica fabric in China from
fiberglass cloth produced in a third country;
and (2) any industrial grade amorphous silica
fabric that has been further processed in a
third country prior to export to the United
States, including but not limited to treating,
coating, slitting, cutting to length, cutting to
width, finishing the edges, adding grommets,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the in-scope
industrial grade amorphous silica fabric.
Excluded from the scope of the
investigation is amorphous silica fabric that
is subjected to controlled shrinkage, which is
also called ‘‘pre-shrunk’’ or ‘‘aerospace
grade’’ amorphous silica fabric. In order to be
excluded as a pre-shrunk or aerospace grade
amorphous silica fabric, the amorphous silica
fabric must meet the following exclusion
criteria: (1) The amorphous silica fabric must
contain a minimum of 98 percent silica
(SiO2) by nominal weight; (2) the amorphous
silica fabric must have an areal shrinkage of
4 percent or less; (3) the amorphous silica
fabric must contain no coatings or treatments;
and (4) the amorphous silica fabric must be
white in color. For purposes of this scope,
‘‘areal shrinkage’’ refers to the extent to
which a specimen of amorphous silica fabric
shrinks while subjected to heating at 1800
degrees F for 30 minutes.
Also excluded from the scope are
amorphous silica fabric rope and tubing (or
sleeving). Amorphous silica fabric rope is a
knitted or braided product made from
amorphous silica yarns. Silica tubing (or
sleeving) is braided into a hollow sleeve from
amorphous silica yarns.
The subject imports are normally classified
in subheadings 7019.59.4021, 7019.59.4096,
7019.59.9021, and 7019.59.9096 of the
Harmonized Tariff Schedule of the United
States (HTSUS), but may also enter under
HTSUS subheadings 7019.40.4030,
7019.40.4060, 7019.40.9030, 7019.40.9060,
7019.51.9010, 7019.51.9090, 7019.52.9010,
7019.52.9021, 7019.52.9096 and
7019.90.1000. HTSUS subheadings are
provided for convenience and customs
purposes only; the written description of the
scope of this investigation is dispositive.
update to the Framework for Improving
Critical Infrastructure Cybersecurity (the
‘‘Framework’’). The voluntary
Framework consists of standards,
methodologies, procedures, and
processes that align policy, business,
and technological approaches to address
cyber risks. The Framework was
published on February 12, 2014, after a
year-long, open process involving
private and public sector organizations,
including extensive input and public
comments. It has been used with
increasing frequency and in a variety of
ways by organizations of all sizes, areas
of interest, and based inside and outside
the United States.
This Request for Comments (RFC) is
meant to facilitate coordination with,
‘‘private sector personnel and entities,
critical infrastructure owners and
operators, and other relevant industry
organizations’’ as directed by the
Cybersecurity Enhancement Act of
2014.1 The proposed update to the
Framework is available for review at
https://www.nist.gov/cyberframework.
Responses to this RFC will be posted at
https://www.nist.gov/cyberframework
and will inform NIST’s planned update
to the Framework.
DATES:
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
mstockstill on DSK3G9T082PROD with NOTICES
National Institute of Standards and
Technology
Proposed Update to the Framework for
Improving Critical Infrastructure
Cybersecurity
National Institute of Standards
and Technology, Commerce.
ACTION: Notice, request for comments.
AGENCY:
The National Institute of
Standards and Technology (NIST)
requests comments on a proposed
SUMMARY:
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20:29 Jan 24, 2017
Jkt 241001
1 See 15 U.S.C. 272(e)(1)(A)(i). The Cybersecurity
Enhancement Act of 2014 (S.1353) became public
law 113–274 on December 18, 2014 and may be
found at: https://www.congress.gov/bill/113thcongress/senate-bill/1353/text.
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Written comments may be
submitted by mail to Edwin Games,
National Institute of Standards and
Technology, 100 Bureau Drive, Stop
8930, Gaithersburg, MD 20899. Online
submissions in electronic form may be
sent to cyberframework@nist.gov in any
of the following formats: HTML; ASCII;
Word; RTF; or PDF. Please submit
comments only and include your name,
organization’s name (if any), and cite
‘‘Comments on Draft Update of the
Framework for Improving Critical
Infrastructure Cybersecurity’’ in all
correspondence. Comments containing
references, studies, research, and other
empirical data that are not widely
published should include copies of the
referenced materials. The proposed
update to the Framework is available for
review at https://www.nist.gov/
cyberframework.
All comments received in response to
this RFC will be posted at https://
www.nist.gov/cyberframework without
change or redaction, so commenters
should not include information they do
not wish to be posted (e.g., personal or
confidential business information).
Comments that contain profanity,
vulgarity, threats, or other inappropriate
language will not be posted or
considered.
ADDRESSES:
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[FR Doc. 2017–01635 Filed 1–24–17; 8:45 am]
Comments must be received by
5:00 p.m. Eastern time on April 10,
2017.
]]>Agencies
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8405-8408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01635]
[[Page 8405]]
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
[C-570-039]
Countervailing Duty Investigation of Certain Amorphous Silica
Fabric From the People's Republic of China: Final Affirmative
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and exporters
of certain amorphous silica fabric (silica fabric) from the People's
Republic of China (the PRC). For information on the estimated subsidy
rates, see the ``Final Determination and Suspension of Liquidation''
section of this notice.
DATES: Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT: Emily Maloof or John Corrigan, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone (202) 482-5649 or (202) 482-7438,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination on July 5,
2016.\1\ A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the Issues and Decision Memorandum \2\ issued concurrently
with this notice. 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, and is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic version are
identical in content.
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\1\ See Countervailing Duty Investigation of Certain Amorphous
Silica Fabric from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination with Final
Antidumping Duty Determination, 81 FR 43579 (July 5, 2016)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum (Preliminary Decision Memorandum).
\2\ See Memorandum to Paul Piquado, from Gary Taverman, ``Issues
and Decision Memorandum for the Final Determination in the
Countervailing Duty Investigation of Certain Amorphous Silica Fabric
from the People's Republic of China,'' dated concurrently with this
determination and hereby adopted by this notice (Issues and Decision
Memorandum).
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Period of Investigation
The period of investigation for which we are measuring subsidies is
January 1, 2015, through December 31, 2015.
Scope Comments
The Department set aside a period of time for parties to address
scope issues.\3\ We received no scope comments.\4\ In the Preliminary
Determination, we did not modify the scope language from what appeared
in the Initiation Notice.\5\ No interested party submitted scope
comments in case or rebuttal briefs. Therefore, the scope of this
investigation remains unchanged for this final determination.
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\3\ See Certain Amorphous Silica Fabric from the People's
Republic of China: Initiation of Countervailing Duty Investigation,
81 FR 8909 (February 23, 2016) (Initiation Notice).
\4\ On March 13, 2016, the Department received a letter dated
March 7, 2016, from Lewco Specialty Products, Inc. We rejected this
letter as improperly filed and removed it from the record of this
proceeding. See Memorandum to the File, ``Re: Request to Take Action
on Certain Barcodes,'' dated March 18, 2016.
\5\ See Initiation Notice, 81 FR at 8912-13.
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Scope of the Investigation
The merchandise covered by this investigation is silica fabric from
the PRC. For a complete description of the scope of this investigation,
see Appendix II.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs submitted by the parties, are discussed in
the Issues and Decision Memorandum. A list of the issues that parties
raised, and to which we responded in the Issues and Decision
Memorandum, is attached to this notice at Appendix I.
Use of Adverse Facts Available (AFA)
In making its findings, the Department relied, in part, on facts
available. For mandatory respondent Nanjing Tianyuan Fiberglass
Material Co., Ltd. (Nanjing Tianyuan), we are basing certain
countervailing duty (CVD) rates on facts otherwise available, pursuant
to sections 776(a)(2)(C) and (D) of the Tariff Act of 1930, as amended
(the Act). Further, because Nanjing Tianyuan did not cooperate to the
best of its ability in this investigation by not providing necessary
information requested by the Department, we determine that an adverse
inference in selecting from the facts available is warranted with
respect to certain countervailable subsidy programs, pursuant to
section 776(b) of the Act. The Department has, therefore, relied, in
part, on AFA in calculating Nanjing Tianyuan's subsidy rates.
Regarding ACIT (Pinghu) Inc. and ACIT (Shanghai) Inc.
(collectively, ACIT),\6\ we determine that the application of AFA is
warranted with regard to the Government of the PRC's (GOC's) provision
of Export Buyer's Credits and thus determine, as AFA, that ACIT
benefitted from the Export Buyer's Credit program.
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\6\ See Preliminary Determination and accompanying Preliminary
Determination Memorandum at 11 (finding ACIT (Pinghu) Inc. and ACIT
(Shanghai) Inc. to be cross-owned).
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In addition, the Department has applied a total AFA rate to the 48
companies that failed to respond to the Department's quantity and value
questionnaire.\7\
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\7\ See Preliminary Determination at 81 FR 43579-43582.
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For further information on the Department's application of adverse
facts available, as summarized above, see the section titled ``Use of
Facts Otherwise Available and Adverse Inferences,'' in the Issues and
Decision Memorandum.
Changes Since the Preliminary Determination
Based on our review and analysis of the comments received from
parties, and minor corrections presented at verification, we made
certain changes to ACIT's and Nanjing Tianyuan's subsidy rate
calculations since the Preliminary Determination. For a discussion of
these changes, see the Issues and Decision Memorandum and the Final
Calculation Memoranda.\8\
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\8\ See Issues and Decision Memorandum; see also Memorandum to
the File, ``Countervailing Duty Investigation of Certain Amorphous
Silica Fabric from the People's Republic of China: ACIT (Pinghu)
Inc. and ACIT (Shanghai) Inc. Final Analysis Memorandum,'' dated
January 17, 2017 (ACIT's Final Calculation Memorandum); see also
Memorandum to the File, ``Nanjing Tianyuan Fiberglass Material Co.,
Ltd. Final Analysis Memorandum,'' dated January 17, 2017 (Nanjing
Tianyuan's Final Calculation Memorandum).
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Final Determination and Suspension of Liquidation
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual rate for each producer/
[[Page 8406]]
exporter of the subject merchandise individually investigated, i.e.
ACIT and Nanjing Tianyuan. In accordance with section 705(c)(5)(A) of
the Act, for companies not individually investigated, we apply an
``all-others'' rate, which is normally calculated by weighting the
subsidy rates of the individual companies selected as mandatory
respondents by those companies' exports of the subject merchandise to
the United States. Under section 705(c)(5)(A)(i) of the Act, the ``all-
others'' rate excludes zero and de minimis rates calculated for the
exporters and producers individually investigated as well as rates
based entirely on facts otherwise available. Where the rates for the
individually investigated companies are all zero or de minimis, or
determined entirely using facts otherwise available, section
705(c)(5)(A)(ii) of the Act instructs the Department to establish an
``all-others'' rate using ``any reasonable method.'' Where the
countervailable subsidy rates for all of the individually investigated
respondents are zero or de minimis or are based on total AFA, the
Department's practice, pursuant to 705(c)(5)(A)(ii), is to calculate
the all others rate based on a simple average of the zero or de minimis
margins and the margins based on total AFA.
Pursuant to section 705(c)(5)(A)(i) of the Act, we have calculated
the ``all-others'' rate using the subsidy rates of the two individually
investigated respondents. However, we have not calculated the ``all-
others'' rate by weight-averaging the rates because doing so risks
disclosure of proprietary information. Therefore, and consistent with
the Department's practice, for the ``all-others'' rate, we calculated a
simple average of the two mandatory respondents' subsidy rates.\9\
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\9\ See, e.g., Countervailing Duty Investigation of Boltless
Steel Shelving Units Prepackaged for Sale from the People's Republic
of China: Preliminary Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 80 FR 5089
(January 30, 2015), unchanged in Boltless Steel Shelving Units
Prepackaged for Sale from the People's Republic of China: Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 64745 (October 24, 2015).
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Subsidy rate
Exporter/producer (Percent)
------------------------------------------------------------------------
ACIT (Pinghu) Inc. and ACIT (Shanghai) Inc.............. 48.94
Nanjing Tianyuan Fiberglass Material Co., Ltd........... 79.90
Acmetex Co., Ltd.,*..................................... 165.39
Beijing Great Pack Materials, Co. Ltd.,* ..............
Beijing Landingji Engineering Tech Co., Ltd.,* ..............
Changshu Yaoxing Fiberglass Insulation Products Co., ..............
Ltd.,*
Changzhou Kingze Composite Materials Co., Ltd.,* ..............
Changzhou Utek Composite Co.,* ..............
Chengdu Chang Yuan Shun Co., Ltd.,* ..............
China Beihai Fiberglass Co., Ltd.,* ..............
China Yangzhou Guo Tai Fiberglass Co., Ltd.,* ..............
Chongqing Polycomp International Corp.,* ..............
Chongqing Yangkai Import & Export Trade Co., Ltd.,* ..............
Cixi Sunrise Sealing Material Co., Ltd.,* ..............
Fujian Minshan Fire-Fighting Co., Ltd.,* ..............
Grand Fiberglass Co., Ltd.* ..............
Haining Jiete Fiberglass Fabric Co., Ltd.,* ..............
Hebei Yuniu Fiberglass Manufacturing Co., Ltd.,* ..............
Hebei Yuyin Trade Co., Ltd.,* ..............
Hengshui Aohong International Trading Co., Ltd.,* ..............
Hitex Insulation (Ningbo) Co., Ltd.,* ..............
Mowco Industry Limited,* ..............
Nanjing Debeili New Materials Co., Ltd.,* ..............
Ningbo Fitow High Strength Composites Co., Ltd.,* ..............
Ningbo Universal Star Industry & Trade Limited,* ..............
Ningguo BST Thermal Protection Products Co., Ltd.,* ..............
Qingdao Feelongda Industry & Trade Co., Ltd.,* ..............
Qingdao Shishuo Industry Co., Ltd.,* ..............
Rugao City Ouhua Composite Material Co., Ltd.,* ..............
Rugao Nebola Fiberglass Co., Ltd.,* ..............
Shanghai Bonthe Insulative Material Co., Ltd.,* ..............
Shanghai Horse Construction Co., Ltd.,* ..............
Shanghai Liankun Electronics Material Co., Ltd.,* ..............
Shanghai Suita Environmental Protection Technology Co., ..............
Ltd.,*
Shangqui Huanyu Fiberglass Co., Ltd.,* ..............
Shengzhou Top-Tech New Material Co., Ltd.,* ..............
Shenzhen Songxin Silicone Products Co., Ltd.,* ..............
Taixing Chuanda Plastic Co., Ltd.,* ..............
Taixing Vichen Composite Material Co., Ltd.,* ..............
TaiZhou Xinxing Fiberglass Products Co., Ltd.,* ..............
Tenglong Sealing Products Manufactory Yuyao,* ..............
Texaspro (China) Company,* ..............
Wallean Industries Co., Ltd.,* ..............
Wuxi First Special-Type Fiberglass Co., Ltd.,* ..............
Wuxi Xingxiao Hi-Tech Material Co., Ltd.,* ..............
Yuyao Feida Insulation Sealing Factory,* ..............
Yuyao Tianyi Special Carbon Fiber Co., Ltd.,* ..............
Zibo Irvine Trading Co., Ltd.,* ..............
Zibo Yao Xing Fire-Resistant and Heat-Preservation ..............
Material Co., Ltd.,*
Zibo Yuntai Furnace Technology Co., Ltd.* ..............
[[Page 8407]]
All-Others.............................................. 64.42
------------------------------------------------------------------------
* Non-cooperative company to which an AFA rate is being applied. See
Issues and Decision Memorandum and Preliminary Decision Memorandum for
additional information.
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of all entries of
merchandise under consideration from the PRC that were entered or
withdrawn from warehouse, for consumption, on or after July 5, 2016,
the date of publication of the Preliminary Determination in the Federal
Register.
In accordance with section 703(d) of the Act, we later issued
instructions to CBP to discontinue the suspension of liquidation for
CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after November 2, 2016, but to continue the suspension
of liquidation of all entries between July 5, 2016, and November 1,
2016.
If the U.S. International Trade Commission (the ITC) issues a final
affirmative injury determination, we will issue a CVD order, will
reinstate the suspension of liquidation under section 706(a) of the
Act, and will require a cash deposit of estimated CVDs for such entries
of subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Return or Destruction of Proprietary Information
In the event the ITC issues a final negative injury determination,
this notice serves as the only reminder to 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 terms of an APO
is a violation subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Application of the Countervailing Duty Law to Imports from the
PRC
VI. Subsidies Valuation Information
VII. Benchmarks and Discount Rates
VIII. Use of Facts Otherwise Available and Adverse Inferences
IX. Analysis of Programs
X. Analysis of Comments
Comment 1: Whether the Department Should Apply AFA to the
Provision of Fiberglass Yarn for Less Than Adequate Remuneration
(LTAR)
Comment 2: Whether the Department Should Incorporate Corrections
Made to the Fiberglass Cloth Database as Reported by ACIT Pinghu and
ACIT Shanghai
Comment 3: Whether the Department Should Apply Partial AFA for
Failure To Provide a Questionnaire Response for a Former Affiliate
of ACIT Shanghai
Comment 4: Whether the Allegation of the Provision of Fiberglass
Cloth for LTAR is Flawed
Comment 5: Whether Domestic Chinese Producers of Fiberglass
Cloth Are Government ``Authorities''
Comment 6: Whether the Provision of Fiberglass Cloth for LTAR Is
Specific
Comment 7: Whether To Use an In-China Benchmark To Measure the
Adequacy of Remuneration for Fiberglass Cloth
Comment 8: Whether the Benchmark for the Provision of Fiberglass
Cloth for LTAR is Flawed
Comment 9: Whether the Department Should Adjust the Fiberglass
Cloth Benchmark for a Value-Added Process
Comment 10: Whether the Department Should Exclude Value-Added
Tax (VAT) from the Tariff Rate in its Calculations for the
Electricity for LTAR Program and Exclude VAT from the Calculation
for the Provision of Fiberglass Cloth for LTAR
Comment 11: Whether the Department Should Revise the Ocean
Freight Benchmark
Comment 12: Whether the Department Should Continue its Use of
Zeroing with Regard to Calculation of the Benefit of Fiberglass
Cloth for LTAR
Comment 13: Whether the Department Should Make Corrections to
its Subsidy Calculations Regarding the Provision of Fiberglass Cloth
at LTAR
Comment 14: Whether the Department Should Exclude Certain World
Export Prices for Fiberglass Cloth Pertaining to the PRC
Comment 15: Whether the Department Should Revise the Denominator
Used To Calculate the Benefit Received by ACIT for the Provision of
Fiberglass Cloth at LTAR
Comment 16: Whether the Department Should Find that ACIT and
Nanjing Tianyuan Benefitted from Export Seller's Credits Because the
GOC Failed to Provide Evidence of Non-Use at Verification
Comment 17: Whether the Department Should Find That ACIT and
Nanjing Tianyuan Benefitted from Export Buyer's Credits
Comment 18: Whether the Provision of Electricity for LTAR is
Countervailable
Comment 19: Whether the GOC Provided Policy Loans to ACIT and
Nanjing Tianyuan During the Period of Investigation
Comment 20: Whether the Department Should Apply AFA to the
Government Provision of Land for LTAR in Special Economic Zones
Comment 21: Whether the Department Should Calculate the All-
Others Rate Based on the Calculated Rate for ACIT Pinghu and Nanjing
Tianyuan
Comment 22: Whether the Department's Investigation of
Uninitiated Programs Is Unlawful
Comment 23: Whether the Department's CVD Rates Should Reflect an
Adjustment for Programs that Have Been Terminated
XI. Recommendation
Appendix II
Scope of the Investigation
The product covered by this investigation is woven (whether from
yarns or rovings) industrial grade amorphous silica fabric, which
contains a minimum of 90 percent silica (SiO2) by nominal
weight, and a nominal width in excess of 8 inches. The investigation
covers industrial grade amorphous silica fabric regardless of other
[[Page 8408]]
materials contained in the fabric, regardless of whether in roll
form or cut-to-length, regardless of weight, width (except as noted
above), or length. The investigation covers industrial grade
amorphous silica fabric regardless of whether the product is
approved by a standards testing body (such as being Factory Mutual
(FM) Approved), or regardless of whether it meets any governmental
specification.
Industrial grade amorphous silica fabric may be produced in
various colors. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is colored.
Industrial grade amorphous silica fabric may be coated or treated
with materials that include, but are not limited to, oils,
vermiculite, acrylic latex compound, silicone, aluminized polyester
(Mylar[supreg]) film, pressure-sensitive adhesive, or other coatings
and treatments. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is coated or treated,
and regardless of coating or treatment weight as a percentage of
total product weight. Industrial grade amorphous silica fabric may
be heat-cleaned. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is heat-cleaned.
Industrial grade amorphous silica fabric may be imported in
rolls or may be cut-to-length and then further fabricated to make
welding curtains, welding blankets, welding pads, fire blankets,
fire pads, or fire screens. Regardless of the name, all industrial
grade amorphous silica fabric that has been further cut-to-length or
cut-to-width or further finished by finishing the edges and/or
adding grommets, is included within the scope of this investigation.
Subject merchandise also includes (1) any industrial grade
amorphous silica fabric that has been converted into industrial
grade amorphous silica fabric in China from fiberglass cloth
produced in a third country; and (2) any industrial grade amorphous
silica fabric that has been further processed in a third country
prior to export to the United States, including but not limited to
treating, coating, slitting, cutting to length, cutting to width,
finishing the edges, adding grommets, or any other processing that
would not otherwise remove the merchandise from the scope of the
investigation if performed in the country of manufacture of the in-
scope industrial grade amorphous silica fabric.
Excluded from the scope of the investigation is amorphous silica
fabric that is subjected to controlled shrinkage, which is also
called ``pre-shrunk'' or ``aerospace grade'' amorphous silica
fabric. In order to be excluded as a pre-shrunk or aerospace grade
amorphous silica fabric, the amorphous silica fabric must meet the
following exclusion criteria: (1) The amorphous silica fabric must
contain a minimum of 98 percent silica (SiO2) by nominal
weight; (2) the amorphous silica fabric must have an areal shrinkage
of 4 percent or less; (3) the amorphous silica fabric must contain
no coatings or treatments; and (4) the amorphous silica fabric must
be white in color. For purposes of this scope, ``areal shrinkage''
refers to the extent to which a specimen of amorphous silica fabric
shrinks while subjected to heating at 1800 degrees F for 30 minutes.
[GRAPHIC] [TIFF OMITTED] TN25JA17.090
Also excluded from the scope are amorphous silica fabric rope
and tubing (or sleeving). Amorphous silica fabric rope is a knitted
or braided product made from amorphous silica yarns. Silica tubing
(or sleeving) is braided into a hollow sleeve from amorphous silica
yarns.
The subject imports are normally classified in subheadings
7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the
Harmonized Tariff Schedule of the United States (HTSUS), but may
also enter under HTSUS subheadings 7019.40.4030, 7019.40.4060,
7019.40.9030, 7019.40.9060, 7019.51.9010, 7019.51.9090,
7019.52.9010, 7019.52.9021, 7019.52.9096 and 7019.90.1000. HTSUS
subheadings are provided for convenience and customs purposes only;
the written description of the scope of this investigation is
dispositive.
[FR Doc. 2017-01635 Filed 1-24-17; 8:45 am]
BILLING CODE 3510-DS-P
