Certain Amorphous Silica Fabric From the People's Republic of China: Antidumping Duty Order, 14314-14316 [2017-05431]
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14314
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
subject to the Department’s final
affirmative critical circumstances
finding.3
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038]
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing an
antidumping duty order on certain
amorphous silica fabric from the
People’s Republic of China (PRC).
DATES: Effective March 17, 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.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
mstockstill on DSK3G9T082PROD with NOTICES2
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on January 25, 2017, the
Department published the final
determination of sales at less than fair
value in the antidumping duty
investigation of certain amorphous
silica fabric from the PRC.1 On March
10, 2017, the ITC notified the
Department of its final determination
pursuant to section 735(b)(1)(A)(i) of the
Act, that an industry in the United
States is materially injured within the
meaning of section 735(b)(1)(A)(i) of the
Act by reason of imports of certain
amorphous silica fabric from the PRC.2
In addition, in its final determination,
the ITC did not make an affirmative
critical circumstances finding with
respect to imports of subject
merchandise from the PRC that are
1 See 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, 82 FR 8399 (January 25, 2017)
(Final Determination), and accompanying Issues
and Decision Memorandum.
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding certain amorphous silica
fabric from China (March 10, 2017) (ITC Letter).
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20:32 Mar 16, 2017
Jkt 241001
Scope of the Order
The product covered by this order 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 order 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 order 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 order 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 order
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 order covers
industrial grade amorphous silica fabric
regardless of whether the fabric is heatcleaned.
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-towidth or further finished by finishing
the edges and/or adding grommets, is
included within the scope of this order.
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
3 Id.
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Fmt 4701
Sfmt 4703
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 order if performed in the country
of manufacture of the in-scope
industrial grade amorphous silica fabric.
Excluded from the scope of the order
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 preshrunk 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.4
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 order is dispositive.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of certain
amorphous silica fabric from the PRC
are materially injuring a U.S. industry.5
4 Areal shrinkage is expressed as the following
percentage:
((Fired Area, cm2 ¥ Initial Area, cm2)/Initial
Area, cm2) × 100 = Areal Shrinkage, %
5 See ITC Letter.
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14315
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
Therefore, in accordance with section
735(c)(2) of the Act, we are publishing
this antidumping duty order. Because
the ITC determined that imports of
certain amorphous silica fabric from the
PRC are materially injuring a U.S.
industry, unliquidated entries of such
merchandise from the PRC, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of certain amorphous
silica fabric from the PRC. These
antidumping duties will be assessed on
unliquidated entries from the PRC
entered, or withdrawn from warehouse,
for consumption on or after September
1, 2016, the date on which the
Department published the Preliminary
Determination,6 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on all relevant entries of subject
merchandise from the PRC. These
instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require
cash deposits at rates equal to the
estimated weighted-average dumping
margins indicated in the chart below,
adjusted where appropriate for export
subsidies and estimated domestic
subsidy pass-through.7 Accordingly,
effective on the date of publication of
the ITC’s final affirmative injury
determination, CBP will require, at the
same time as importers would normally
deposit estimated duties on this subject
merchandise, a cash deposit at the rates
listed below.8 The rate for the PRC-wide
entity applies to all producers or
exporters not specifically listed. For the
purpose of determining cash deposit
rates, the estimated weighted-average
dumping margins for imports of subject
merchandise from the PRC will be
adjusted, as appropriate, for export
subsidies found in the final
determination of the companion
countervailing duty investigation of this
merchandise imported from the PRC.9
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. At the request of exporters that
account for a significant portion of
certain amorphous silica fabric from the
PRC, the Department extended the fourmonth period to six months. In the
underlying investigation, the
Department published the Preliminary
Determination on September 1, 2016.10
Therefore, the six-month period
beginning on the date of the publication
of the Preliminary Determination ended
on February 27, 2017. Furthermore,
section 737(b) of the Act states that
definitive duties are to begin on the date
of publication of the ITC’s final injury
determination. Therefore, in accordance
with section 733(d) of the Act and our
practice, we will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of certain amorphous silica
fabric from the PRC entered, or
withdrawn from warehouse, for
consumption after February 27, 2017,
the date the provisional measures
expired, and through the day preceding
the date of publication of the ITC’s final
injury determination in the Federal
Register.
Estimated Weighted-Average Dumping
Margin
The weighted-average antidumping
duty margin percentages and cash
deposit percentages are as follows:
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
ACIT (Pinghu) Inc .........................................................
Nanjing Tianyuan Fiberglass Material Co., Ltd ............
ACIT (Pinghu) Inc .........................................................
Nanjing Tianyuan Fiberglass Material Co., Ltd ............
162.47
162.47
151.93
151.71
162.47
PRC-Wide Entity
mstockstill on DSK3G9T082PROD with NOTICES2
Cash deposit
(percent)
151.93
Critical Circumstances
In its final determination, the ITC did
not make an affirmative critical
circumstances finding with respect to
imports of subject merchandise from the
PRC that were subject to the
Department’s final affirmative critical
circumstances determination.
Accordingly, the Department will
instruct CBP to lift suspension and to
refund any cash deposit made to secure
the payment of estimated antidumping
duties with respect to entries of the
merchandise entered, or withdrawn
from warehouse, for consumption on or
after June 3, 2016 (i.e., 90 days prior to
the date of publication of the
preliminary determination), but before
September 1, 2016, the publication date
of the Preliminary Determination.
Notification to Interested Parties
6 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).
7 No party in the less-than-fair-value investigation
established eligibility for an adjustment for
estimated domestic subsidy pass-through. See
Preliminary Determination, unchanged in Final
Determination.
8 See section 736(a)(3) of the Act.
9 See Final Determination.
10 See Preliminary Determination.
VerDate Sep<11>2014
20:32 Mar 16, 2017
Jkt 241001
PO 00000
Frm 00003
Fmt 4701
Sfmt 4703
This notice constitutes the
antidumping duty order with respect to
certain amorphous silica fabric from the
PRC pursuant to section 736(a) of the
Act. Interested parties can find a list of
antidumping duty orders currently in
effect at https://www.trade.gov/
enforcement/.
E:\FR\FM\17MRN2.SGM
17MRN2
14316
Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices
This order is published in accordance
with section 736(a) of the Act and 19
CFR 351.211(b).
Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–05431 Filed 3–16–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–039]
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing a
countervailing duty (CVD) order on
certain amorphous silica fabric from the
People’s Republic of China (PRC).
DATES: Effective March 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Emily Maloof or John Corrigan, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5649 or (202) 482–7438,
respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES2
AGENCY:
Background
In accordance with sections 705(d) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(c), on January
25, 2017, the Department published its
affirmative final determination in the
countervailing duty investigation of
certain amorphous silica fabric from the
PRC.1 On March 10, 2017, the ITC
notified the Department of its final
determination pursuant, to section
705(d) of the Act, that an industry in the
United States is materially injured
within the meaning of section
705(b)(1)(A)(i) of the Act by reason of
subsidized imports of certain
amorphous silica fabric from the PRC.2
1 See Countervailing Duty Investigation of Certain
Amorphous Silica Fabric From the People’s
Republic of China: Final Affirmative Determination,
82 FR 8405 (January 25, 2017) (Final
Determination), and accompanying Issues and
Decision Memorandum (IDM).
2 See Letter from ITC concerning Amorphous
Silica Fabric from the PRC USITC Investigation
VerDate Sep<11>2014
20:32 Mar 16, 2017
Jkt 241001
Scope of the Order
The product covered by this order 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 order 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 order 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 order 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 order
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 order covers
industrial grade amorphous silica fabric
regardless of whether the fabric is heatcleaned.
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-towidth or further finished by finishing
the edges and/or adding grommets, is
included within the scope of this order.
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
Nos. 701–TA–555 and 731–TA–1310 (Final), USITC
Publication 731–1310 (March 2017) (ITC Letter).
PO 00000
Frm 00004
Fmt 4701
Sfmt 4703
edges, adding grommets, or any other
processing that would not otherwise
remove the merchandise from the scope
of the order if performed in the country
of manufacture of the in-scope
industrial grade amorphous silica fabric.
Excluded from the scope of the order
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 preshrunk or aerospace grade amorphous
silica fabric, the amorphous silica fabric
must meet the following exclusion
criteria: (1) The amorphous silica fabric
must contain a minimum of 98 percent
silica (SiO2) by nominal weight; (2) the
amorphous silica fabric must have an
areal shrinkage of 4 percent or less; (3)
the amorphous silica fabric must
contain no coatings or treatments; and
(4) the amorphous silica fabric must be
white in color. For purposes of this
scope, ‘‘areal shrinkage’’ refers to the
extent to which a specimen of
amorphous silica fabric shrinks while
subjected to heating at 1800 degrees F
for 30 minutes.3
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 order is dispositive.
Countervailing Duty Order
In accordance with section 705(d) of
the Act, the ITC notified the Department
of its final determination in this
investigation, in which it found that
imports of certain amorphous silica
fabric from the PRC are materially
injuring, within the meaning of section
705(b)(1)(A)(i) of the Act, a U.S.
industry.4 Therefore, in accordance with
section 705(c)(2) of the Act, we are
3 Areal shrinkage is expressed as the following
percentage:
((Fired Area, em2 ¥ Initial Area, cm2)/Initial
Area, cm2) × 100 = Areal Shrinkage, %.
4 See ITC Letter.
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]]>Agencies
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14314-14316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05431]
[[Page 14313]]
Vol. 82
Friday,
No. 51
March 17, 2017
Part III
Department of Commerce
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International Trade Administration
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Certain Amorphous Silica Fabric From the People's Republic of China:
Countervailing Duty Order and Antidumping Duty Order; Notices
Federal Register / Vol. 82 , No. 51 / Friday, March 17, 2017 /
Notices
[[Page 14314]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-038]
Certain Amorphous Silica Fabric From the People's Republic of
China: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing an antidumping duty order on certain
amorphous silica fabric from the People's Republic of China (PRC).
DATES: Effective March 17, 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
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 25,
2017, the Department published the final determination of sales at less
than fair value in the antidumping duty investigation of certain
amorphous silica fabric from the PRC.\1\ On March 10, 2017, the ITC
notified the Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Act, that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act by reason of imports of certain amorphous silica fabric from the
PRC.\2\ In addition, in its final determination, the ITC did not make
an affirmative critical circumstances finding with respect to imports
of subject merchandise from the PRC that are subject to the
Department's final affirmative critical circumstances finding.\3\
---------------------------------------------------------------------------
\1\ See 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, 82 FR 8399
(January 25, 2017) (Final Determination), and accompanying Issues
and Decision Memorandum.
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding certain amorphous silica fabric from China (March 10,
2017) (ITC Letter).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order 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 order 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 order 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 order 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 order 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 order 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 order.
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 order if performed in the
country of manufacture of the in-scope industrial grade amorphous
silica fabric.
Excluded from the scope of the order 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.\4\
---------------------------------------------------------------------------
\4\ Areal shrinkage is expressed as the following percentage:
((Fired Area, cm2 - Initial Area, cm2)/Initial Area, cm2) x 100
= Areal Shrinkage, %
---------------------------------------------------------------------------
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 order is dispositive.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of certain amorphous
silica fabric from the PRC are materially injuring a U.S. industry.\5\
[[Page 14315]]
Therefore, in accordance with section 735(c)(2) of the Act, we are
publishing this antidumping duty order. Because the ITC determined that
imports of certain amorphous silica fabric from the PRC are materially
injuring a U.S. industry, unliquidated entries of such merchandise from
the PRC, entered or withdrawn from warehouse for consumption, are
subject to the assessment of antidumping duties.
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\5\ See ITC Letter.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of certain
amorphous silica fabric from the PRC. These antidumping duties will be
assessed on unliquidated entries from the PRC entered, or withdrawn
from warehouse, for consumption on or after September 1, 2016, the date
on which the Department published the Preliminary Determination,\6\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
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\6\ 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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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on all relevant entries
of subject merchandise from the PRC. These instructions suspending
liquidation will remain in effect until further notice.
We will also instruct CBP to require cash deposits at rates equal
to the estimated weighted-average dumping margins indicated in the
chart below, adjusted where appropriate for export subsidies and
estimated domestic subsidy pass-through.\7\ Accordingly, effective on
the date of publication of the ITC's final affirmative injury
determination, CBP will require, at the same time as importers would
normally deposit estimated duties on this subject merchandise, a cash
deposit at the rates listed below.\8\ The rate for the PRC-wide entity
applies to all producers or exporters not specifically listed. For the
purpose of determining cash deposit rates, the estimated weighted-
average dumping margins for imports of subject merchandise from the PRC
will be adjusted, as appropriate, for export subsidies found in the
final determination of the companion countervailing duty investigation
of this merchandise imported from the PRC.\9\
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\7\ No party in the less-than-fair-value investigation
established eligibility for an adjustment for estimated domestic
subsidy pass-through. See Preliminary Determination, unchanged in
Final Determination.
\8\ See section 736(a)(3) of the Act.
\9\ See Final Determination.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
portion of certain amorphous silica fabric from the PRC, the Department
extended the four-month period to six months. In the underlying
investigation, the Department published the Preliminary Determination
on September 1, 2016.\10\ Therefore, the six-month period beginning on
the date of the publication of the Preliminary Determination ended on
February 27, 2017. Furthermore, section 737(b) of the Act states that
definitive duties are to begin on the date of publication of the ITC's
final injury determination. Therefore, in accordance with section
733(d) of the Act and our practice, we will instruct CBP to terminate
the suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of certain amorphous silica
fabric from the PRC entered, or withdrawn from warehouse, for
consumption after February 27, 2017, the date the provisional measures
expired, and through the day preceding the date of publication of the
ITC's final injury determination in the Federal Register.
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\10\ See Preliminary Determination.
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Estimated Weighted-Average Dumping Margin
The weighted-average antidumping duty margin percentages and cash
deposit percentages are as follows:
----------------------------------------------------------------------------------------------------------------
Weighted-
average Cash deposit
Exporter Producer dumping margin (percent)
(percent)
----------------------------------------------------------------------------------------------------------------
ACIT (Pinghu) Inc............................. ACIT (Pinghu) Inc............... 162.47 151.93
Nanjing Tianyuan Fiberglass Material Co., Ltd. Nanjing Tianyuan Fiberglass 162.47 151.71
Material Co., Ltd.
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PRC-Wide Entity 162.47 151.93
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Critical Circumstances
In its final determination, the ITC did not make an affirmative
critical circumstances finding with respect to imports of subject
merchandise from the PRC that were subject to the Department's final
affirmative critical circumstances determination. Accordingly, the
Department will instruct CBP to lift suspension and to refund any cash
deposit made to secure the payment of estimated antidumping duties with
respect to entries of the merchandise entered, or withdrawn from
warehouse, for consumption on or after June 3, 2016 (i.e., 90 days
prior to the date of publication of the preliminary determination), but
before September 1, 2016, the publication date of the Preliminary
Determination.
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
certain amorphous silica fabric from the PRC pursuant to section 736(a)
of the Act. Interested parties can find a list of antidumping duty
orders currently in effect at https://www.trade.gov/enforcement/.
[[Page 14316]]
This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05431 Filed 3-16-17; 8:45 am]
BILLING CODE 3510-DS-P
