Certain Artist Canvas From the People's Republic of China: Continuation of the Antidumping Duty Order, 14502-14503 [2017-05532]
Download as PDF
14502
Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
can be accessed directly on the internet
at https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Results of Changed Circumstances
Review memorandum and the electronic
version of the Preliminary Results of
Changed Circumstances Review
memorandum are identical in content.
mstockstill on DSK3G9T082PROD with NOTICES
Methodology
In accordance with section 751(b)(1)
of the Tariff Act of 1930, as amended
(the Act), we are conducting this CCR
based upon the information contained
in the submissions of Tamma.9 For a
full description of the methodology
underlying our conclusions, see the
Preliminary Results of Changed
Circumstances Review memorandum.
Preliminary Results of Changed
Circumstances Review
Based on record evidence, we
preliminarily determine that Tamma is
not the successor-in-interest to TIAC,
the company in the Delverde/TIAC
entity, which was excluded from the
Pasta Order. Specifically, we
preliminarily determine that the current
management of Tamma is materially
dissimilar to the management of TIAC
before Delverde’s bankruptcy in 2005.
We also preliminarily determine that
the ownership and management
structure of Tamma is materially
dissimilar to the management of TIAC,
due to the acquisition of TIAC’s stock by
Satel S.r.L. (Satel) in 2016. In addition,
we find that Tamma did not
demonstrate that its operations, with
respect to the subject merchandise, were
materially similar to the operations of
TIAC when it comes to supplier
relationships and customer base. Thus,
we preliminarily determine that Tamma
does not operate as the same business
entity as TIAC with respect to the
subject merchandise. A list of topics
discussed in the Preliminary Results of
Changed Circumstances Review
memorandum appears in the Appendix
to this notice.
Consequently, we preliminarily
determine that Tamma should not be
given the same antidumping duty
treatment as the Delverde/TIAC entity.
This determination will apply to all
entries of the subject merchandise
entered or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
changed circumstances review.10 If we
9 See Tamma Initial Response, dated October 12,
2016, and Supplemental Response, dated December
9, 2016.
10 See Granular Polytetrafluoroethylene Resin
from Italy: Final Results of Changed Circumstances
Review, 68 FR 25327 (May 12, 2003). See also
Delverde CCR.
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16:47 Mar 20, 2017
Jkt 241001
reach the same conclusion in the final
results, the cash deposit for Tamma will
be 15.45 percent, the all-others rate
established in the antidumping duty
investigation, as modified by the
Section 129 Determination.11
Public Comment
Dated: March 15, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Changed Circumstances
Review Memorandum
I. Background
II. Scope of the Order
III. Successor-In-Interest Determination
1. Management
11 See Implementation of Determinations
Pursuant to Section 129 of the Uruguay Round
Agreements Act, 81 FR 37180 (June 9, 2016)
(Section 129 Determination).
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[FR Doc. 2017–05530 Filed 3–20–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Pursuant to 19 CFR 351.309(c),
interested parties may submit cases
briefs not later than 10 days after the
date of publication of this notice via
ACCESS. Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs. Parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, filed
electronically via ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS, no later than 5:00 p.m. Eastern
Time within 10 days after the date of
publication of this notice. Requests
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in case briefs.
Consistent with 19 CFR 351.216(e),
we will issue the final results of this
changed circumstances review no later
than 270 days after the date on which
this review was initiated, or within 45
days after the publication of the
preliminary results if all parties in this
review agree to our preliminary results.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b) and 777(i)(1) of the
Act and 19 CFR 351.216 and 351.221.
PO 00000
2. Production Facilities
3. Supplier Relationship
4. Customer Base
Sfmt 4703
International Trade Administration
[A–570–899]
Certain Artist Canvas From the
People’s Republic of China:
Continuation of the Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the Department of
Commerce (‘‘Department’’) and the
International Trade Commission (‘‘ITC’’)
in their five year (‘‘sunset’’) reviews that
revocation of the antidumping duty
(‘‘AD’’) order on certain artist canvas
from the People’s Republic of China
(‘‘PRC’’) would likely lead to a
continuation or recurrence of dumping
and material injury to an industry in the
United States, the Department is
publishing a notice of continuation of
the AD order on certain artist canvas
from the PRC.
DATES: Effective March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Paul
Stolz; AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: 202–482–4474.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 1, 2006, the Department
published the AD order on certain artist
canvas from the PRC.1 On October 3,
2016, the Department initiated the
second sunset review of the AD order on
certain artist canvas from the PRC,
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (‘‘Act’’).2 As a
result of its review, the Department
determined that revocation of the AD
order on certain artist canvas from the
PRC would likely lead to a continuation
or recurrence of dumping and, therefore,
notified the ITC of the magnitude of the
margins likely to prevail should the
order be revoked.3 On February 22,
1 See Notice of Antidumping Duty Order: Certain
Artist Canvas from the People’s Republic of China,
71 FR 31154 (June 1, 2006).
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
FR 67967 (October 3, 2016).
3 See Artist Canvas from the People’s Republic of
China: Final Results of the Expedited Second
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21MRN1
Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Notices
2017, the ITC determined, pursuant to
section 751(c) of the Act, that revocation
of the AD order on certain artist canvas
from the PRC would likely lead to a
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time.4
Scope of the Order
mstockstill on DSK3G9T082PROD with NOTICES
The products covered by this order
are artist canvases regardless of
dimension and/or size, whether
assembled or unassembled, that have
been primed/coated, whether or not
made from cotton, whether or not
archival, whether bleached or
unbleached, and whether or not
containing an ink receptive top coat.
Priming/coating includes the
application of a solution, designed to
promote the adherence of artist
materials, such as paint or ink, to the
fabric. Artist canvases (i.e., prestretched canvases, canvas panels,
canvas pads, canvas rolls (including
bulk rolls that have been primed),
printable canvases, floor cloths, and
placemats) are tightly woven prepared
painting and/or printing surfaces. Artist
canvas and stretcher strips (whether or
not made of wood and whether or not
assembled) included within a kit or set
are covered by this proceeding.
Artist canvases subject to this order
are currently classifiable under
subheadings 5901.90.20.00,
5901.90.40.00, 5903.90.2500,
5903.90.2000, 5903.90.1000,
5907.00.8090, 5907.00.8010, and
5907.00.6000 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’). Specifically excluded from
the scope of this order are tracing cloths,
‘‘paint by number’’ or ‘‘or ‘‘paint-ityourself’’ artist canvases with a
copyrighted preprinted outline, pattern,
or design, whether or not included in a
painting set or kit.5 Also excluded are
stretcher strips, whether or not made
from wood, so long as they are not
incorporated into artist canvases or sold
as part of an artist canvas kit or set.
While the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope of this proceeding is dispositive.
Additionally, we have determined
that canvas woven and primed in India,
Sunset Review of the Antidumping Duty Order, 82
FR 8723 (January 30, 2017).
4 See USITC Publication Artists’ Canvas from
China, (Inv. No. 731–TA–1091 (Second Review),
USITC Publication 4674, March 2017), and Artist
Canvas from China, 82 FR 13011 (March 8, 2017).
5 Artist canvases with a non-copyrighted
preprinted outline, pattern, or design are included
in the scope, whether or not included in a painting
set or kit.
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16:47 Mar 20, 2017
Jkt 241001
but cut, stretched and framed in the PRC
and exported from the PRC, are not
subject to the order covering artist
canvas from the PRC. See Notice of
Scope Rulings, 75 FR 14138 (March 24,
2010).
Continuation of the Order
As a result of these determinations by
the Department and the ITC that
revocation of the AD order on certain
artist canvas from the PRC would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the AD order on certain
artist canvas from the PRC. U.S.
Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise. The
effective date of the continuation of the
order will be the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of the order not later than 30
days prior to the fifth anniversary of the
effective date of this continuation.
This five-year (sunset) review and this
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Dated: March 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–05532 Filed 3–20–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Notice of Partial Rescission of
Antidumping Duty Administrative
Review; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
SUMMARY: The Department of Commerce
(the Department) is partially rescinding
the administrative review of the
antidumping duty order on honey from
the People’s Republic of China (PRC)
with respect to Shayang Xianghe Food
Co., Ltd. (Shayang Xianghe) for
December 1, 2015, through November
30, 2016.
DATES: Effective March 21, 2017.
AGENCY:
PO 00000
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14503
FOR FURTHER INFORMATION CONTACT:
Carrie Bethea or Kabir Archuletta, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–1491 or (202) 482–2593,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 13, 2017, based on a
timely request for review on behalf of
the American Honey Producers
Association and Sioux Honey
Association (collectively, petitioners),1
the Department published in the
Federal Register a notice of initiation of
an administrative review of the
antidumping duty order on honey from
the PRC covering the period December
1, 2015, through November 30, 2016.2
The review covers two companies:
Shanghai Sunbeauty Trading Co., Ltd.
and Shayang Xianghe. On February 28,
2017, petitioners timely withdrew their
request for an administrative review of
Shayang Xianghe.3 No other party
requested an administrative review of
this company.
Partial Rescission of Review
Pursuant to 19 CFR 351.213(d)(1), the
Department will rescind an
administrative review in whole or in
part, if the party that requested the
review withdraws its request within 90
days of the date of publication of the
notice of initiation of the requested
review. In this case, petitioners timely
withdrew their request of Shayang
Xianghe by the 90-day deadline, and
there are no other outstanding requests
for an administrative review of the
antidumping duty order with respect to
this company. As a result, pursuant to
19 CFR 351.213(d)(1), we are rescinding
the administrative review of honey from
the PRC for the period December 1,
2015, through November 30, 2016, in
part, with respect to Shayang Xianghe.
Assessment Instructions
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the company for
1 See Letter to the Secretary from Petitioners,
entitled, ‘‘Honey from the People’s Republic of
China—Request for Administrative Review; 2015–
2016,’’ dated January 3, 2017.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
10457 (February 13, 2017).
3 See Letter to the Secretary from Petitioners,
entitled, ‘‘Honey from the People’s Republic of
China—Petitioners’ Withdrawal of Request for
2015/2016 Administrative Review, in Part,’’ dated
February 28, 2017.
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21MRN1
Agencies
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Notices]
[Pages 14502-14503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05532]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-899]
Certain Artist Canvas From the People's Republic of China:
Continuation of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') in their five year (``sunset'') reviews that revocation of
the antidumping duty (``AD'') order on certain artist canvas from the
People's Republic of China (``PRC'') would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the AD order on certain artist canvas from the PRC.
DATES: Effective March 21, 2017.
FOR FURTHER INFORMATION CONTACT: Paul Stolz; AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: 202-482-4474.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2006, the Department published the AD order on certain
artist canvas from the PRC.\1\ On October 3, 2016, the Department
initiated the second sunset review of the AD order on certain artist
canvas from the PRC, pursuant to section 751(c) of the Tariff Act of
1930, as amended (``Act'').\2\ As a result of its review, the
Department determined that revocation of the AD order on certain artist
canvas from the PRC would likely lead to a continuation or recurrence
of dumping and, therefore, notified the ITC of the magnitude of the
margins likely to prevail should the order be revoked.\3\ On February
22,
[[Page 14503]]
2017, the ITC determined, pursuant to section 751(c) of the Act, that
revocation of the AD order on certain artist canvas from the PRC would
likely lead to a continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\4\
---------------------------------------------------------------------------
\1\ See Notice of Antidumping Duty Order: Certain Artist Canvas
from the People's Republic of China, 71 FR 31154 (June 1, 2006).
\2\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 67967
(October 3, 2016).
\3\ See Artist Canvas from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Order, 82 FR 8723 (January 30, 2017).
\4\ See USITC Publication Artists' Canvas from China, (Inv. No.
731-TA-1091 (Second Review), USITC Publication 4674, March 2017),
and Artist Canvas from China, 82 FR 13011 (March 8, 2017).
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are artist canvases regardless
of dimension and/or size, whether assembled or unassembled, that have
been primed/coated, whether or not made from cotton, whether or not
archival, whether bleached or unbleached, and whether or not containing
an ink receptive top coat. Priming/coating includes the application of
a solution, designed to promote the adherence of artist materials, such
as paint or ink, to the fabric. Artist canvases (i.e., pre-stretched
canvases, canvas panels, canvas pads, canvas rolls (including bulk
rolls that have been primed), printable canvases, floor cloths, and
placemats) are tightly woven prepared painting and/or printing
surfaces. Artist canvas and stretcher strips (whether or not made of
wood and whether or not assembled) included within a kit or set are
covered by this proceeding.
Artist canvases subject to this order are currently classifiable
under subheadings 5901.90.20.00, 5901.90.40.00, 5903.90.2500,
5903.90.2000, 5903.90.1000, 5907.00.8090, 5907.00.8010, and
5907.00.6000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Specifically excluded from the scope of this order are
tracing cloths, ``paint by number'' or ``or ``paint-it-yourself''
artist canvases with a copyrighted preprinted outline, pattern, or
design, whether or not included in a painting set or kit.\5\ Also
excluded are stretcher strips, whether or not made from wood, so long
as they are not incorporated into artist canvases or sold as part of an
artist canvas kit or set. While the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
of this proceeding is dispositive.
---------------------------------------------------------------------------
\5\ Artist canvases with a non-copyrighted preprinted outline,
pattern, or design are included in the scope, whether or not
included in a painting set or kit.
---------------------------------------------------------------------------
Additionally, we have determined that canvas woven and primed in
India, but cut, stretched and framed in the PRC and exported from the
PRC, are not subject to the order covering artist canvas from the PRC.
See Notice of Scope Rulings, 75 FR 14138 (March 24, 2010).
Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the AD order on certain artist canvas from the PRC
would likely lead to a continuation or recurrence of dumping and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD order on certain artist canvas from the PRC.
U.S. Customs and Border Protection will continue to collect AD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of the
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the order
not later than 30 days prior to the fifth anniversary of the effective
date of this continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: March 13, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05532 Filed 3-20-17; 8:45 am]
BILLING CODE 3510-DS-P