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]

Download as PDF 8399 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. VerDate Sep<11>2014 DEPARTMENT OF COMMERCE Jkt 241001 The Department published the Preliminary Determination in the LTFV PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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 http:// 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 http://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. E:\FR\FM\25JAN1.SGM 25JAN1 8400 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 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. VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 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 http://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 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 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 E:\FR\FM\25JAN1.SGM 25JAN1 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 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. VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 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- PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 8401 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, %. E:\FR\FM\25JAN1.SGM 25JAN1 8402 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Notices 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 VerDate Sep<11>2014 20:29 Jan 24, 2017 Jkt 241001 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 http://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 http://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 http://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)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
                                 PRC-Wide Entity                                          162.47          151.93
----------------------------------------------------------------------------------------------------------------

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