Antidumping Duty Investigation of Certain Amorphous Silica Fabric From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value, and Final Affirmative Determination of Critical Circumstances, 8399-8402 [2017-01636]
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Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices
reliable prediction of a certain event. A
responder could submit the correct
algorithm, but without the methodology,
the evaluation process could not be
adequately performed.
ESTIMATED ANNUALIZED BURDEN TABLE
Number of
respondents
Forms
Number of
responses per
respondent
Average burden
per response
(in hours)
Total burden
hours
Individuals or Households ...........................................................................
Organizations ...............................................................................................
Businesses ...................................................................................................
State, territory, tribal or local governments .................................................
Federal government .....................................................................................
500
500
500
30
30
1
1
1
1
1
10/60
10/60
10/60
10/60
10/60
83.3
83.3
83.3
5
5
Total ......................................................................................................
1,560
........................
............................
255
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
PRA Departmental Lead, Office of the Chief
Information Officer.
[FR Doc. 2017–01682 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
[A–570–038]
Antidumping Duty Investigation of
Certain Amorphous Silica Fabric From
the People’s Republic of China: Final
Affirmative Determination of Sales at
Less-Than-Fair Value, and Final
Affirmative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
The Department of Commerce
(the Department) determines that
imports of certain amorphous silica
fabric (silica fabric) from the People’s
Republic of China (the PRC) are being,
or are likely to be, sold in the United
States at less than fair value (LTFV). In
addition, we determine that critical
circumstances exist with respect to
imports of the subject merchandise. The
period of investigation (POI) is July 1,
2015, through December 31, 2015. The
final dumping margins for this
investigation are listed in the ‘‘Final
Determination Margins’’ section of this
notice.
SUMMARY:
[B–66–2016]
Foreign-Trade Zone (FTZ) 44H—East
Hanover, New Jersey; Authorization of
Production Activity; Givaudan Flavors
Corporation (Flavor Products); East
Hanover, New Jersey
mstockstill on DSK3G9T082PROD with NOTICES
International Trade Administration
AGENCY:
Foreign-Trade Zones Board
On September 20, 2016, Givaudan
Flavors Corporation submitted a
notification of proposed production
activity to the Foreign-Trade Zones
(FTZ) Board for its facility within
Subzone 44H in East Hanover, New
Jersey.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (81 FR 69782, October
7, 2016). The FTZ Board has determined
that no further review of the activity is
warranted at this time. The production
activity described in the notification is
authorized, subject to the FTZ Act and
the Board’s regulations, including
Section 400.14.
Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Fred Baker, 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) 482–4947 or (202) 482–2924,
respectively.
Background
[FR Doc. 2017–01707 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–DS–P
20:29 Jan 24, 2017
DATES:
SUPPLEMENTARY INFORMATION:
Dated: January 17, 2017.
Elizabeth Whiteman,
Acting Executive Secretary.
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DEPARTMENT OF COMMERCE
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The Department published the
Preliminary Determination in the LTFV
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investigation of silica fabric from the
PRC on September 1, 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 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/.
Scope of the Investigation
The product covered by this
investigation is woven industrial grade
amorphous silica fabric from the PRC.
For a complete description of the scope
of this investigation, see the ‘‘Scope of
the Investigation,’’ in Appendix I. Since
the Preliminary Determination, no party
commented on the scope of the
1 See Antidumping Duty Investigation of Certain
Amorphous Silica Fabric From the People’s
Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, and Postponement of Final
Determination, 81 FR 60341 (September 1, 2016)
(Preliminary Determination).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Antidumping Duty
Investigation of Amorphous Silica Fabric from the
People’s Republic of China: Issues and Decision
Memorandum for the Final Determination of Sales
at Less-Than-Fair-Value’’ (Issues and Decision
Memorandum), dated concurrently with this
determination and hereby adopted by this notice.
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investigation. The scope in Appendix I
reflects the final unmodified scope
language as it appeared in the
Preliminary Determination.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in September and October 2016, we
conducted verification of the sales and
factors of production information
submitted by ACIT (Pinghu) Inc. (ACIT),
and its U.S. affiliate, ACIT USA Inc.
(ACIT USA). We issued a verification
report on November 16, 2016.3 We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
ACIT and ACIT USA.4
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of these issues is
attached to this notice as Appendix II.
Changes to the Dumping Margin
Calculations Since the Preliminary
Determination
Based on the Department’s analysis of
the comments received and findings at
verification, we made certain changes to
our dumping margin calculations. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances
In accordance with section 735(a)(3)
of the Act and 19 CFR 351.206, we
continue to find that critical
circumstances exist with respect to
imports of silica fabric from ACIT,
Nanjing Tianyuan Fiberglass Material
Co., Ltd. (Nanjing Tianyuan), and the
PRC-wide entity.5
Use of Adverse Facts Available
For the reasons discussed in the
Preliminary Determination, we continue
to find that the PRC-wide entity and
Nanjing Tianyuan failed to cooperate to
the best of their ability.6 Additionally,
we find for the final determination that
ACIT failed to cooperate to the best of
its ability.7 Accordingly, pursuant to
sections 776(a)(2)(A), (B), (C), and (D)
and section 776(b) of the Act, we have
assigned to ACIT, Nanjing Tianyuan,
and the PRC-wide entity, the dumping
margins in the table below, which are
based on total adverse facts available.8
Combination Rates
In the Initiation Notice,9 the
Department stated that it would
calculate combination rates for PRC
respondents that are eligible for separate
rate in this investigation.10 Accordingly,
we have assigned combination rates to
ACIT and Nanjing Tianyuan.
Final Determination
The Department determines, as
provided in section 735 of the Act, that
the following estimated weightedaverage dumping margins exist for the
period July 1, 2015, through December
31, 2015:
Margin
(percent)
Exporter
Producer
ACIT (Pinghu) Inc. ........................................................
Nanjing Tianyuan Fiberglass Material Co., Ltd ............
ACIT (Pinghu) Inc. ........................................................
Nanjing Tianyuan Fiberglass Material Co., Ltd ............
mstockstill on DSK3G9T082PROD with NOTICES
In accordance with section
735(c)(4)(A) of the Act, for the final
determination, the Department will
instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
silica fabric from the PRC as described
in the ‘‘Scope of the Investigation’’
section which were entered, or
withdrawn from warehouse, for
consumption 90 days prior to the date
of publication in the Federal Register of
the affirmative Preliminary
3 See Memorandum to the File: ‘‘Verification of
the Questionnaire Responses of ACIT (Pinghu) Inc.
in the Antidumping Investigation of Certain
Amorphous Silica Fabric from the People’s
Republic of China,’’ dated November 16, 2016.
4 See Memorandum to the File: ‘‘CEP Verification
of the Questionnaire Responses of ACIT (USA) Inc.
in the Antidumping Investigation of Certain
Amorphous Silica Fabric from the People’s
Republic of China,’’ dated November 22, 2016.
5 See Preliminary Determination; see also Issues
and Decision Memorandum at Comment 2.
6 See Preliminary Determination, and
accompanying Preliminary Decision Memorandum
at 13–18.
7 See Issues and Decision Memorandum at
Comment 1.
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Determination, pursuant to section
733(e)(2) of the Act.
Further, pursuant to section
735(c)(1)(B)(ii) of the Act, the
Department will instruct CBP to require
a cash deposit 11 equal to the amount by
which the normal value exceeds U.S.
price, adjusted where appropriate for
export subsidies and estimated domestic
subsidy pass-through. For all
combinations of PRC exporters/
producers of merchandise under
consideration, the cash deposit rate will
be equal to the dumping margin
established for the PRC-wide entity.
8 See
Issues and Decision Memorandum.
Certain Amorphous Silica Fabric From the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 81 FR 8913 (February 23,
2016) (Initiation Notice).
10 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ dated April 5, 2005 (Policy
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf, which describes this practice.
11 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
9 See
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162.47
162.47
151.93
151.71
162.47
PRC-Wide Entity
Continuation of Suspension of
Liquidation
Cash deposit
(percent)
151.93
Consistent with our practice, where
the product under investigation is also
subject to a concurrent countervailing
duty investigation, we will instruct CBP
to require a cash deposit equal to the
amount by which the normal value
exceeds the export price or constructed
export price, adjusted where
appropriate for export subsidies and
estimated domestic subsidy passthrough.12 In the companion CVD
proceeding, the Department found for
ACIT an export subsidy of 10.54 percent
ad valorem and for Nanjing Tianyuan an
export subsidy of 10.76 percent ad
valorem.13 In this LTFV investigation,
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 See sections 772(c)(1)(C) and 777A(f) of the
Act, respectively. Unlike in administrative reviews,
the Department makes an adjustment for export
subsidies in an LTFV investigation not in the
calculation of the weighted-average dumping
margin, but in the cash deposit instructions issued
to U.S. Customs and Border Protection. See Notice
of Final Determination of Sales at Less Than Fair
Value, and Negative Determination of Critical
Circumstances: Certain Lined Paper Products from
India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at
Comment 1.
13 See Countervailing Duty Investigation of
Certain Amorphous Silica Fabric From the People’s
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for the PRC-wide entity, which received
an AFA rate, pursuant to section 776(b)
of the Act, the Department has adjusted
the PRC-wide entity’s AD cash deposit
rate by the lowest export subsidy rate
determined for any party in the
companion CVD proceeding.14 Thus, we
will offset the PRC-wide rate of 162.47
by the countervailing duty rate
attributable to export subsidies of ACIT
(i.e., 10.54 percent) to calculate the cash
deposit rate.15 These adjustments are
reflected in the final column of the rate
chart, above. Furthermore, we are not
adjusting the final determination for
estimated domestic subsidy passthrough because the respondents failed
to substantiate a cost-to-price-link.16 In
the event that a countervailing duty
order is issued and suspension of
liquidation continues in the companion
countervailing duty investigation on
silica fabric from the PRC, the
Department will continue to instruct
CBP to require cash deposits adjusted by
the amount of export subsidies, as
appropriate.
Disclosure
Because all final dumping margins are
based on total AFA, no disclosure of
calculations is necessary for this final
determination.
mstockstill on DSK3G9T082PROD with NOTICES
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of our final
affirmative determination of sales at
LTFV and final affirmative
determination of critical circumstances.
Because the final determination in this
proceeding is affirmative, in accordance
with section 735(b)(2) of the Act, the
ITC will make its final determination as
to whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of silica fabric from
the PRC no later than 45 days after our
final determination. If the ITC
determines that such injury does not
exist, this proceeding will be terminated
and all securities posted will be
refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Republic of China: Final Affirmative Determination,
and accompanying Issues and Decision
Memorandum. The final determination in this
companion CVD proceeding is being released
concurrently with this final determination.
14 Id.
15 Id.
16 See Preliminary Determination, and
accompanying Preliminary Decision Memorandum.
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the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of 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.
We are issuing and publishing this
determination in accordance with
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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
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-to-
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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: (l) 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.17
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.
Appendix II: List of Topics in the Issues
and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
17 Areal shrinkage is expressed as the following
percentage:
((Fired Area, em2—Initial Area, cm2)/Initial Area,
cm2) × 100 = Areal Shrinkage, %.
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IV. Scope of the Investigation
V. Application of Total Adverse Facts
Available with Regard to ACIT
VI. Selection of Adverse Facts Available
(AFA) Rate
VII. Discussion of the Issues
ACIT:
Comment 1: Adverse Facts Available
Comment 2: Critical Circumstances
Comment 3: Calculation Error
Comment 4: Surrogate Country
Comment 5: Surrogate Value Selection
New Fire:
Comment 6: Rejection of Extension Request
Jiuding:
Comment 7: Jiuding Separate Rate
VIII. Recommendation
[FR Doc. 2017–01636 Filed 1–24–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–818]
Joy
Zhang, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–1168.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On December 13, 2016, the
Department disclosed to interested
parties its calculations for the Final
Results.1 On December 16, 2016, the
Department received a timely filed
ministerial error allegation from Liguori
Pastificio dal 1820 S.p.A. (Liguori)
regarding the Department’s final margin
calculation.2 On December 19, 2016, the
Department received a timely filed
ministerial error allegation from
Industria Alimentare Colavita S.p.A.
(Indalco) regarding the Department’s
final margin calculation.3
Period of Review
Certain Pasta From Italy: Amended
Final Results of Antidumping Duty
Administrative Review; 2014–2015
The POR covered by this review is
July 1, 2014, through June 30, 2015.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is amending the final
results of the antidumping duty
administrative review of certain pasta
(pasta) from Italy to correct a ministerial
error. The period of review (POR) is July
1, 2014, through June 30, 2015.
DATES: Effective January 25, 2017.
Imports covered by the order are
shipments of certain non-egg dry pasta.
The merchandise subject to review is
currently classifiable under items
1901.90.90.95 and 1902.19.20 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the order is dispositive.4
AGENCY:
Scope of the Order
Ministerial Errors
Section 751(b) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ministerial error as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which {the
Department} considers ministerial.’’ We
analyzed the ministerial error comments
submitted by Indalco and Liguori and
determined, in accordance with section
751(h) of the Act and 19 CFR 351.224(e),
that there is a ministerial error in our
margin calculations for Liguori for the
Final Results. For a complete discussion
of the alleged errors, see the
Department’s Ministerial Error
Memorandum.5
In accordance with section 751(h) of
the Act and 19 CFR 351.224(e), we are
amending the Final Results.
Specifically, we are amending the
weighted-average dumping margin for
Liguori, as well as for the companies
that were not selected for individual
examination, which were assigned the
rate based on the weighted-average
dumping margins for Indalco and
Liguori.6 The revised weighted-average
dumping margins for the affected
companies are detailed below.
Amended Final Results
As a result of correcting for the
ministerial error, we determined the
following amended weighted-average
dumping margins exist for the period
July 1, 2014, through June 30, 2015:
Weighted-average
dumping margin
(percent)
Producer and/or exporter
mstockstill on DSK3G9T082PROD with NOTICES
Industria Alimentare Colavita S.p.A. (Indalco) ..............................................................................................................................
Liguori Pastificio Dal 1820 (Liguori) ..............................................................................................................................................
Agritalia S.r.L. (Agritalia) ................................................................................................................................................................
Atar S.r.L. (Atar) ............................................................................................................................................................................
Corticella Molini e Pastifici S.p.A. (Corticella) ...............................................................................................................................
Delverde Industrie Alimentari S.p.A. (Delverde) ...........................................................................................................................
Domenico Paone fu Erasmo S.p.A. (Domenico) ...........................................................................................................................
F. Divella S.p. A. (F. Divella) .........................................................................................................................................................
La Fabbrica della Pasta di Gragnano S.a.s. di Antonio Moccia (La Fabbrica) ............................................................................
Molino e Pastificio Tomasello S.r.L. (Tomasello) ..........................................................................................................................
P.A.P SNC DI Pazienza G.B. & C.7 ..............................................................................................................................................
Pasta Zara S.p.A. (Pasta Zara) .....................................................................................................................................................
1 See Certain Pasta from Italy: Final Results of
Antidumping Duty Administrative Review; 2014–
2015, 81 FR 91120 (December 16, 2016) (Final
Results). See also Memorandum to the File,
Through Eric B. Greynolds, Program Manager,
Office III, from George McMahon, Case Analyst,
Office III, titled ‘‘Certain Pasta from Italy:
Calculation Memorandum—Indalco,’’ (Final
Results—Indalco Calculations); see also
Memorandum to Eric Greynolds, Program Manager,
AD/CVD Operations, Office III from Joy Zhang, Case
Analyst, ‘‘2014–2015 Antidumping Duty
Administrative Review of Certain Pasta from Italy—
Final Results, Sales Analysis Memorandum for
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20:29 Jan 24, 2017
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Liguori,’’ dated December 12, 2016 (Final Results—
Liguori Calculations).
2 See Letter from Liguori, ‘‘Antidumping Duty
Administrative Review of Certain Pasta from Italy:
Ministerial Error Allegation Regarding Liguori
Pastificio dal 1820 S.p.A,’’ dated December 16,
2016.
3 See Letter from Indalco, ‘‘Certain Pasta from
Italy: 19th POR: Request for Correction of Clerical
Error,’’ dated December 19, 2016.
4 For a full description of the scope of the order,
see the ‘‘Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative
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1.20
5.55
2.47
2.47
2.47
2.47
2.47
2.47
2.47
2.47
2.47
2.47
Review and Partial Rescission: Certain Pasta from
Italy; 2014–2015’’ from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, dated December 12, 2016 (Issues and
Decision Memorandum).
5 See ‘‘Amended Final Results of the 2014–2015
Administrative Review of the Antidumping Duty
Order on Certain Pasta from Italy: Allegation of
Ministerial Error,’’ dated concurrently with this
notice (‘‘Ministerial Error Memorandum’’).
6 See Final Results, 81 FR at 91120.
E:\FR\FM\25JAN1.SGM
25JAN1
]]>Agencies
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8399-8402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01636]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-038]
Antidumping Duty Investigation of Certain Amorphous Silica Fabric
From the People's Republic of China: Final Affirmative Determination of
Sales at Less-Than-Fair Value, and Final Affirmative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
imports of certain amorphous silica fabric (silica fabric) from the
People's Republic of China (the PRC) are being, or are likely to be,
sold in the United States at less than fair value (LTFV). In addition,
we determine that critical circumstances exist with respect to imports
of the subject merchandise. The period of investigation (POI) is July
1, 2015, through December 31, 2015. The final dumping margins for this
investigation are listed in the ``Final Determination Margins'' section
of this notice.
DATES: Effective January 25, 2017.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Fred Baker, 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) 482-4947 or (202) 482-2924,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination in the LTFV
investigation of silica fabric from the PRC on September 1, 2016.\1\
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\1\ See Antidumping Duty Investigation of Certain Amorphous
Silica Fabric From the People's Republic of China: Affirmative
Preliminary Determination of Sales at Less-Than-Fair Value,
Preliminary Affirmative Determination of Critical Circumstances, and
Postponement of Final Determination, 81 FR 60341 (September 1, 2016)
(Preliminary Determination).
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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\ 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/.
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\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, ``Antidumping Duty Investigation of Amorphous Silica
Fabric from the People's Republic of China: Issues and Decision
Memorandum for the Final Determination of Sales at Less-Than-Fair-
Value'' (Issues and Decision Memorandum), dated concurrently with
this determination and hereby adopted by this notice.
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Scope of the Investigation
The product covered by this investigation is woven industrial grade
amorphous silica fabric from the PRC. For a complete description of the
scope of this investigation, see the ``Scope of the Investigation,'' in
Appendix I. Since the Preliminary Determination, no party commented on
the scope of the
[[Page 8400]]
investigation. The scope in Appendix I reflects the final unmodified
scope language as it appeared in the Preliminary Determination.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September and October 2016, we conducted verification of
the sales and factors of production information submitted by ACIT
(Pinghu) Inc. (ACIT), and its U.S. affiliate, ACIT USA Inc. (ACIT USA).
We issued a verification report on November 16, 2016.\3\ We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by ACIT and ACIT USA.\4\
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\3\ See Memorandum to the File: ``Verification of the
Questionnaire Responses of ACIT (Pinghu) Inc. in the Antidumping
Investigation of Certain Amorphous Silica Fabric from the People's
Republic of China,'' dated November 16, 2016.
\4\ See Memorandum to the File: ``CEP Verification of the
Questionnaire Responses of ACIT (USA) Inc. in the Antidumping
Investigation of Certain Amorphous Silica Fabric from the People's
Republic of China,'' dated November 22, 2016.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of these issues is attached to this
notice as Appendix II.
Changes to the Dumping Margin Calculations Since the Preliminary
Determination
Based on the Department's analysis of the comments received and
findings at verification, we made certain changes to our dumping margin
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR 351.206,
we continue to find that critical circumstances exist with respect to
imports of silica fabric from ACIT, Nanjing Tianyuan Fiberglass
Material Co., Ltd. (Nanjing Tianyuan), and the PRC-wide entity.\5\
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\5\ See Preliminary Determination; see also Issues and Decision
Memorandum at Comment 2.
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Use of Adverse Facts Available
For the reasons discussed in the Preliminary Determination, we
continue to find that the PRC-wide entity and Nanjing Tianyuan failed
to cooperate to the best of their ability.\6\ Additionally, we find for
the final determination that ACIT failed to cooperate to the best of
its ability.\7\ Accordingly, pursuant to sections 776(a)(2)(A), (B),
(C), and (D) and section 776(b) of the Act, we have assigned to ACIT,
Nanjing Tianyuan, and the PRC-wide entity, the dumping margins in the
table below, which are based on total adverse facts available.\8\
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\6\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 13-18.
\7\ See Issues and Decision Memorandum at Comment 1.
\8\ See Issues and Decision Memorandum.
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Combination Rates
In the Initiation Notice,\9\ the Department stated that it would
calculate combination rates for PRC respondents that are eligible for
separate rate in this investigation.\10\ Accordingly, we have assigned
combination rates to ACIT and Nanjing Tianyuan.
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\9\ See Certain Amorphous Silica Fabric From the People's
Republic of China: Initiation of Less-Than-Fair-Value Investigation,
81 FR 8913 (February 23, 2016) (Initiation Notice).
\10\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available
on the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf, which describes this practice.
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Final Determination
The Department determines, as provided in section 735 of the Act,
that the following estimated weighted-average dumping margins exist for
the period July 1, 2015, through December 31, 2015:
----------------------------------------------------------------------------------------------------------------
Margin Cash deposit
Exporter Producer (percent) (percent)
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ACIT (Pinghu) Inc.......................... ACIT (Pinghu) Inc.................. 162.47 151.93
Nanjing Tianyuan Fiberglass Material Co., Nanjing Tianyuan Fiberglass 162.47 151.71
Ltd. Material Co., Ltd.
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PRC-Wide Entity 162.47 151.93
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(4)(A) of the Act, for the final
determination, the Department will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend liquidation of all appropriate
entries of silica fabric from the PRC as described in the ``Scope of
the Investigation'' section which were entered, or withdrawn from
warehouse, for consumption 90 days prior to the date of publication in
the Federal Register of the affirmative Preliminary Determination,
pursuant to section 733(e)(2) of the Act.
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the
Department will instruct CBP to require a cash deposit
\11\[thinsp]equal to the amount by which the normal value exceeds U.S.
price, adjusted where appropriate for export subsidies and estimated
domestic subsidy pass-through. For all combinations of PRC exporters/
producers of merchandise under consideration, the cash deposit rate
will be equal to the dumping margin established for the PRC-wide
entity.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
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Consistent with our practice, where the product under investigation
is also subject to a concurrent countervailing duty investigation, we
will instruct CBP to require a cash deposit equal to the amount by
which the normal value exceeds the export price or constructed export
price, adjusted where appropriate for export subsidies and estimated
domestic subsidy pass-through.\12\ In the companion CVD proceeding, the
Department found for ACIT an export subsidy of 10.54 percent ad valorem
and for Nanjing Tianyuan an export subsidy of 10.76 percent ad
valorem.\13\ In this LTFV investigation,
[[Page 8401]]
for the PRC-wide entity, which received an AFA rate, pursuant to
section 776(b) of the Act, the Department has adjusted the PRC-wide
entity's AD cash deposit rate by the lowest export subsidy rate
determined for any party in the companion CVD proceeding.\14\ Thus, we
will offset the PRC-wide rate of 162.47 by the countervailing duty rate
attributable to export subsidies of ACIT (i.e., 10.54 percent) to
calculate the cash deposit rate.\15\ These adjustments are reflected in
the final column of the rate chart, above. Furthermore, we are not
adjusting the final determination for estimated domestic subsidy pass-
through because the respondents failed to substantiate a cost-to-price-
link.\16\ In the event that a countervailing duty order is issued and
suspension of liquidation continues in the companion countervailing
duty investigation on silica fabric from the PRC, the Department will
continue to instruct CBP to require cash deposits adjusted by the
amount of export subsidies, as appropriate.
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\12\ See sections 772(c)(1)(C) and 777A(f) of the Act,
respectively. Unlike in administrative reviews, the Department makes
an adjustment for export subsidies in an LTFV investigation not in
the calculation of the weighted-average dumping margin, but in the
cash deposit instructions issued to U.S. Customs and Border
Protection. See Notice of Final Determination of Sales at Less Than
Fair Value, and Negative Determination of Critical Circumstances:
Certain Lined Paper Products from India, 71 FR 45012 (August 8,
2006), and accompanying Issues and Decision Memorandum at Comment 1.
\13\ See Countervailing Duty Investigation of Certain Amorphous
Silica Fabric From the People's Republic of China: Final Affirmative
Determination, and accompanying Issues and Decision Memorandum. The
final determination in this companion CVD proceeding is being
released concurrently with this final determination.
\14\ Id.
\15\ Id.
\16\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum.
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Disclosure
Because all final dumping margins are based on total AFA, no
disclosure of calculations is necessary for this final determination.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of our final affirmative
determination of sales at LTFV and final affirmative determination of
critical circumstances. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of silica fabric
from the PRC no later than 45 days after our final determination. If
the ITC determines that such injury does not exist, this proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
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.
We are issuing and publishing this determination in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: January 17, 2017.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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
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: (l) 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.\17\
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\17\ Areal shrinkage is expressed as the following percentage:
((Fired Area, em2--Initial Area, cm2)/Initial Area, cm2) x 100 =
Areal Shrinkage, %.
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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.
Appendix II: List of Topics in the Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
[[Page 8402]]
IV. Scope of the Investigation
V. Application of Total Adverse Facts Available with Regard to ACIT
VI. Selection of Adverse Facts Available (AFA) Rate
VII. Discussion of the Issues
ACIT:
Comment 1: Adverse Facts Available
Comment 2: Critical Circumstances
Comment 3: Calculation Error
Comment 4: Surrogate Country
Comment 5: Surrogate Value Selection
New Fire:
Comment 6: Rejection of Extension Request
Jiuding:
Comment 7: Jiuding Separate Rate
VIII. Recommendation
[FR Doc. 2017-01636 Filed 1-24-17; 8:45 am]
BILLING CODE 3510-DS-P
