100- to 150-Seat Large Civil Aircraft From Canada: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 45807-45809 [2017-21055]
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Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
Assessment, or an Environmental
Impact Statement.
Dated: September 26, 2017.
Amanda Goebel Pereira,
NEPA Coordinator, First Responder Network
Authority.
[FR Doc. 2017–20933 Filed 9–29–17; 8:45 am]
Dated: September 26, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–21054 Filed 9–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
BILLING CODE 3510–60–P
International Trade Administration
DEPARTMENT OF COMMERCE
[C–122–860]
Foreign-Trade Zones Board
100- to 150-Seat Large Civil Aircraft
From Canada: Preliminary Affirmative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
[B–60–2017]
sradovich on DSK3GMQ082PROD with NOTICES
Foreign-Trade Zone 123—Denver,
Colorado; Application for Subzone;
Ackerman North America LLC/dba
Amann USA, Broomfield, Colorado
An application has been submitted to
the Foreign-Trade Zones Board (the
Board) by the City and County of
Denver, Colorado, grantee of FTZ 123,
requesting subzone status for the facility
of Ackerman North America LLC/dba
Amann USA, located in Broomfield,
Colorado. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally docketed on
September 26, 2017.
The proposed subzone (0.07 acres) is
located at 452 Burbank Street,
Broomfield, Colorado. No authorization
for production activity has been
requested at this time.
In accordance with the Board’s
regulations, Christopher Kemp of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the FTZ Board.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is
November 13, 2017. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15-day
period to November 27, 2017.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Christopher Kemp at
Christopher.Kemp@trade.gov or (202)
482–0862.
VerDate Sep<11>2014
19:01 Sep 29, 2017
Jkt 244001
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of 100- to 150seat large civil aircraft (aircraft) from
Canada. The period of investigation is
January 1, 2016, through December 31,
2016.
DATES: Applicable October 2, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or Ross Belliveau, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4987, or (202) 482–4952,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 703(b)
of the Tariff Act of 1930, as amended
(the Act). The Department published the
notice of initiation of this investigation
on May 26, 2017.1 On July 5, 2017, the
Department postponed the preliminary
determination of this investigation and
the revised deadline is now September
25, 2017.2 For a complete description of
the events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
1 See 100- to 150-Seat Large Civil Aircraft From
Canada: Initiation of Countervailing Duty
Investigation, 82 FR 24292 (May 26, 2017)
(Initiation Notice).
2 See 100- to 150-Seat Large Civil Aircraft from
Canada: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 82 FR 31045 (July 5, 2017).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination of the
Countervailing Duty Investigation of 100- to 150Seat Large Civil Aircraft from Canada,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
45807
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is aircraft from Canada.
For a complete description of the scope
of the investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage, (i.e., scope).5 Certain
interested parties commented on the
scope of the investigation as it appeared
in the Initiation Notice. The Department
intends to issue its preliminary decision
regarding comments concerning the
scope of the antidumping duty (AD) and
countervailing duty (CVD)
investigations in the preliminary
determination of the companion AD
investigation.
Methodology
The Department is conducting this
investigation in accordance with section
701 of the Act. For each of the subsidy
programs found countervailable, the
Department preliminarily determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), the Department is
aligning the final CVD determination in
this investigation with the final
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\02OCN1.SGM
02OCN1
45808
Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
determination in the companion AD
investigation of aircraft from Canada
based on a request made by the
petitioner.7 Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
December 18, 2017, unless postponed.
sradovich on DSK3GMQ082PROD with NOTICES
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of
the Act provide that in the preliminary
determination, the Department shall
determine an estimated all-others rate
for companies not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated subsidy rates established for
those companies individually
examined, excluding any zero and de
minimis rates and any rates based
entirely under section 776 of the Act.
The Department calculated an
individual estimated countervailable
subsidy rate for Bombardier, Inc.
(Bombardier), the only individually
examined exporter/producer in this
investigation. Because the only
individually calculated rate is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average rate calculated for
Bombardier is the rate assigned to allother producers and exporters, pursuant
to section 705(c)(5)(A)(i) of the Act.
Register. Further, pursuant to 19 CFR
351.205(d), the Department will instruct
CBP to require a cash deposit equal to
the rates indicated above.
Disclosure
The Department intends to disclose
its calculations and analysis performed
to interested parties in this preliminary
determination within five days of its
public announcement, or if there is no
public announcement, within five days
of the date of this notice, in accordance
with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the
Act, the Department intends to verify
the information relied upon in making
its final determination.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than seven days
after the date on which the last
verification report is issued in this
investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this investigation are
Preliminary Determination
encouraged to submit with each
The Department preliminarily
argument: (1) A statement of the issue;
determines that the following estimated
(2) a brief summary of the argument;
countervailable subsidy rates exist:
and (3) a table of authorities.
Subsidy rate
Pursuant to 19 CFR 351.310(c),
Company
(percent)
interested parties who wish to request a
hearing, limited to issues raised in the
Bombardier, Inc. 8 .................
219.63
All-Others ..............................
219.63 case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Suspension of Liquidation
Compliance, U.S. Department of
In accordance with section
Commerce within 30 days after the date
703(d)(1)(B) and (d)(2) of the Act, the
of publication of this notice. Requests
Department will direct U.S. Customs
and Border Protection (CBP) to suspend should contain the party’s name,
address, and telephone number, the
liquidation of entries of subject
number of participants, whether any
merchandise as described in the scope
participant is a foreign national, and a
of the investigation section entered, or
list of the issues to be discussed. If a
withdrawn from warehouse, for
request for a hearing is made, the
consumption on or after the date of
publication of this notice in the Federal Department intends to hold the hearing
at the U.S. Department of Commerce,
7 See Letter from The Boeing Company (the
1401 Constitution Avenue NW.,
petitioner), ‘‘100- To 150-Seat Large Civil Aircraft
Washington, DC 20230, at a time and
from Canada: Request for Alignment of
date to be determined. Parties should
Countervailing Duty Final Determination with
confirm by telephone the date, time, and
Antidumping Duty Final Determination,’’ dated
September 11, 2017.
location of the hearing two days before
8 As discussed in the Preliminary Decision
the scheduled date.
Memorandum, the Department has found the
following companies to be cross-owned with
Bombardier: C Series Aircraft Limited Partnership;
Short Brothers PLC; BT (Investment) UK Limited.
VerDate Sep<11>2014
19:01 Sep 29, 2017
Jkt 244001
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its determination. If the final
determination is affirmative, the ITC
will make its final determination before
the later of 120 days after the date of this
preliminary determination or 45 days
after the final determination.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: September 25, 2017.
Carole Showers,
Executive Director, Office of Policy,
performing the duties of Deputy Assistant
Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is aircraft, regardless of seating
configuration, that have a standard 100- to
150-seat two-class seating capacity and a
minimum 2,900 nautical mile range, as these
terms are defined below.
‘‘Standard 100- to 150-seat two-class
seating capacity’’ refers to the capacity to
accommodate 100 to 150 passengers, when
eight passenger seats are configured for a 36inch pitch, and the remaining passenger seats
are configured for a 32-inch pitch. ‘‘Pitch’’ is
the distance between a point on one seat and
the same point on the seat in front of it.
‘‘Standard 100- to 150-seat two-class
seating capacity’’ does not delineate the
number of seats actually in a subject aircraft
or the actual seating configuration of a
subject aircraft. Thus, the number of seats
actually in a subject aircraft may be below
100 or exceed 150.
A ‘‘minimum 2,900 nautical mile range’’
means:
(i) Able to transport between 100 and 150
passengers and their luggage on routes equal
to or longer than 2,900 nautical miles; or
(ii) covered by a U.S. Federal Aviation
Administration (FAA) type certificate or
supplemental type certificate that also covers
other aircraft with a minimum 2,900 nautical
mile range.
The scope includes all aircraft covered by
the description above, regardless of whether
they enter the United States fully or partially
assembled, and regardless of whether, at the
time of entry into the United States, they are
approved for use by the FAA.
The merchandise covered by this
investigation is currently classifiable under
Harmonized Tariff Schedule of the United
States (HTSUS) subheading 8802.40.0040.
The merchandise may alternatively be
classifiable under HTSUS subheading
8802.40.0090. Although these HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the investigation
is dispositive.
E:\FR\FM\02OCN1.SGM
02OCN1
Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Subsidies Valuation
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2017–21055 Filed 9–29–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–859]
Steel Concrete Reinforcing Bar From
Taiwan: Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice.
AGENCY:
Based on an affirmative final
determination by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing the
antidumping duty (AD) order on steel
concrete reinforcing bar (rebar) from
Taiwan.
SUMMARY:
DATES:
Applicable: October 2, 2017.
Jun
Jack Zhao or Kathryn Wallace at (202)
482–1396 and (202) 482–6251,
respectively, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
sradovich on DSK3GMQ082PROD with NOTICES
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 June 27, 2017 the
Department published its affirmative
final determination in the less-than-fairvalue (LTFV) investigation of rebar from
Taiwan.1 On September 11, 2017, the
ITC notified the Department of its final
determination that an industry in the
United States is materially injured by
reason of LTFV imports of subject
merchandise from Taiwan within the
meaning of 735(b)(1)(A)(i) of the Act.2
1 See Steel Concrete Reinforcing Bar from Taiwan:
Final Determination of Sales at Less Than Fair
Value, 82 FR 34925 (June 27, 2017) (Final
Determination).
2 See Letter from the ITC to the Honorable Gary
Taverman, September 11, 2017 (Notification of ITC
VerDate Sep<11>2014
19:01 Sep 29, 2017
Jkt 244001
On September 15, the ITC published its
final determination in the Federal
Register.3
Scope of the Order
The product covered by this order is
rebar from Taiwan. For a complete
description of the scope of the order, see
the Appendix to this notice.
Antidumping Duty Order
In accordance with section 735(d) of
the Act, the ITC notified the Department
of its final determination in this
investigation, in which it found that an
industry in the United States is
materially injured by reason of imports
of rebar from Taiwan. Therefore, in
accordance with section 735(c)(2) of the
Act, we are issuing this antidumping
duty order. Because the ITC determined
that imports of rebar from Taiwan are
materially injuring a U.S. industry,
unliquidated entries of such
merchandise from Taiwan, entered or
withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, 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
rebar from Taiwan. Antidumping duties
will be assessed on unliquidated entries
of rebar from Taiwan entered, or
withdrawn from warehouse, for
consumption on or after March 7, 2017,
the date of publication of the
Preliminary Determination,4 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication in the
Federal Register of the ITC’s injury
determination, as further described
below.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct CBP to continue to suspend
liquidation of all relevant entries of
rebar from Taiwan, effective the date of
publication of the ITC’s notice of final
determination in the Federal Register.
Final Determination); see also Steel Concrete
Reinforcing Bar from Taiwan, Investigation No.
731–TA–1339 (Final) (September 2017).
3 See Steel Concrete Reinforcing Bar from Taiwan,
82 FR 43403 (September 15, 2017).
4 See Steel Concrete Reinforcing Bar from Taiwan:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 82 FR 12800 (March 7, 2017)
(Preliminary Determination).
PO 00000
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Fmt 4703
Sfmt 4703
45809
These instructions suspending
liquidation will remain in effect until
further notice.
The Department will also instruct
CBP to require cash deposits for
estimated antidumping duties equal to
the estimated weighted-average
dumping margins indicated below.
Accordingly, effective September 15,
2017, the date of publication of the
ITC’s final affirmative determination in
the Federal Register, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated weighted-average
dumping margins listed below.5 The
relevant all-others rates apply to all
producers or exporters not specifically
listed below.
Provisional Measures
Section 733(d) of the Act states that
the suspension of liquidation 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 proportion of rebar from
Taiwan, the Department extended the
four-month period to six months in this
case.6 The Department published the
preliminary determination on March 7,
2017. Therefore, the extended period,
beginning on the date of publication of
the preliminary determination, ended
on September 3, 2017. Furthermore,
section 737(b) of the Act states that the
collection of final cash deposits will
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 rebar from Taiwan entered, or
withdrawn from warehouse, for
consumption after September 3, 2017,
until and through September 14, 2017,
the day preceding the date of
publication of the ITC’s final injury
determination in the Federal Register.
Estimated Weighted-Average Dumping
Margins
The weighted-average antidumping
duty margin percentages are as follows:
5 See
6 See
E:\FR\FM\02OCN1.SGM
section 736(a)(3) of the Act.
Preliminary Determination 82 FR at 12801.
02OCN1
]]>Agencies
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45807-45809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21055]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-860]
100- to 150-Seat Large Civil Aircraft From Canada: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of 100- to 150-seat large civil aircraft
(aircraft) from Canada. The period of investigation is January 1, 2016,
through December 31, 2016.
DATES: Applicable October 2, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or Ross Belliveau, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4987, or (202)
482-4952, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
703(b) of the Tariff Act of 1930, as amended (the Act). The Department
published the notice of initiation of this investigation on May 26,
2017.\1\ On July 5, 2017, the Department postponed the preliminary
determination of this investigation and the revised deadline is now
September 25, 2017.\2\ For a complete description of the events that
followed the initiation of this investigation, see the Preliminary
Decision Memorandum.\3\ A list of topics discussed in the Preliminary
Decision Memorandum is included as Appendix II to this notice. The
Preliminary Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
is available to all parties in the Central Records Unit, room B8024 of
the main Department of Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\1\ See 100- to 150-Seat Large Civil Aircraft From Canada:
Initiation of Countervailing Duty Investigation, 82 FR 24292 (May
26, 2017) (Initiation Notice).
\2\ See 100- to 150-Seat Large Civil Aircraft from Canada:
Postponement of Preliminary Determination in the Countervailing Duty
Investigation, 82 FR 31045 (July 5, 2017).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination of the Countervailing Duty Investigation of 100- to
150-Seat Large Civil Aircraft from Canada,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is aircraft from Canada.
For a complete description of the scope of the investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage, (i.e., scope).\5\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. The Department intends to issue its preliminary
decision regarding comments concerning the scope of the antidumping
duty (AD) and countervailing duty (CVD) investigations in the
preliminary determination of the companion AD investigation.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 701 of the Act. For each of the subsidy programs found
countervailable, the Department preliminarily determines that there is
a subsidy, i.e., a financial contribution by an ``authority'' that
gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department
is aligning the final CVD determination in this investigation with the
final
[[Page 45808]]
determination in the companion AD investigation of aircraft from Canada
based on a request made by the petitioner.\7\ Consequently, the final
CVD determination will be issued on the same date as the final AD
determination, which is currently scheduled to be issued no later than
December 18, 2017, unless postponed.
---------------------------------------------------------------------------
\7\ See Letter from The Boeing Company (the petitioner), ``100-
To 150-Seat Large Civil Aircraft from Canada: Request for Alignment
of Countervailing Duty Final Determination with Antidumping Duty
Final Determination,'' dated September 11, 2017.
---------------------------------------------------------------------------
All-Others Rate
Sections 703(d) and 705(c)(5)(A) of the Act provide that in the
preliminary determination, the Department shall determine an estimated
all-others rate for companies not individually examined. This rate
shall be an amount equal to the weighted average of the estimated
subsidy rates established for those companies individually examined,
excluding any zero and de minimis rates and any rates based entirely
under section 776 of the Act.
The Department calculated an individual estimated countervailable
subsidy rate for Bombardier, Inc. (Bombardier), the only individually
examined exporter/producer in this investigation. Because the only
individually calculated rate is not zero, de minimis, or based entirely
on facts otherwise available, the estimated weighted-average rate
calculated for Bombardier is the rate assigned to all-other producers
and exporters, pursuant to section 705(c)(5)(A)(i) of the Act.
Preliminary Determination
The Department preliminarily determines that the following
estimated countervailable subsidy rates exist:
---------------------------------------------------------------------------
\8\ As discussed in the Preliminary Decision Memorandum, the
Department has found the following companies to be cross-owned with
Bombardier: C Series Aircraft Limited Partnership; Short Brothers
PLC; BT (Investment) UK Limited.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Bombardier, Inc. \8\.................................... 219.63
All-Others.............................................. 219.63
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
rates indicated above.
Disclosure
The Department intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of its public announcement, or if there is no public
announcement, within five days of the date of this notice, in
accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, the Department intends
to verify the information relied upon in making its final
determination.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than seven
days after the date on which the last verification report is issued in
this investigation. Rebuttal briefs, limited to issues raised in case
briefs, may be submitted no later than five days after the deadline
date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this investigation
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.
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\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made, the
Department intends to hold the hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time
and date to be determined. Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
International Trade Commission Notification
In accordance with section 703(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its determination.
If the final determination is affirmative, the ITC will make its final
determination before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination.
Notification to Interested Parties
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 25, 2017.
Carole Showers,
Executive Director, Office of Policy, performing the duties of Deputy
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is aircraft,
regardless of seating configuration, that have a standard 100- to
150-seat two-class seating capacity and a minimum 2,900 nautical
mile range, as these terms are defined below.
``Standard 100- to 150-seat two-class seating capacity'' refers
to the capacity to accommodate 100 to 150 passengers, when eight
passenger seats are configured for a 36-inch pitch, and the
remaining passenger seats are configured for a 32-inch pitch.
``Pitch'' is the distance between a point on one seat and the same
point on the seat in front of it.
``Standard 100- to 150-seat two-class seating capacity'' does
not delineate the number of seats actually in a subject aircraft or
the actual seating configuration of a subject aircraft. Thus, the
number of seats actually in a subject aircraft may be below 100 or
exceed 150.
A ``minimum 2,900 nautical mile range'' means:
(i) Able to transport between 100 and 150 passengers and their
luggage on routes equal to or longer than 2,900 nautical miles; or
(ii) covered by a U.S. Federal Aviation Administration (FAA)
type certificate or supplemental type certificate that also covers
other aircraft with a minimum 2,900 nautical mile range.
The scope includes all aircraft covered by the description
above, regardless of whether they enter the United States fully or
partially assembled, and regardless of whether, at the time of entry
into the United States, they are approved for use by the FAA.
The merchandise covered by this investigation is currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheading 8802.40.0040. The merchandise may alternatively
be classifiable under HTSUS subheading 8802.40.0090. Although these
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the investigation is
dispositive.
[[Page 45809]]
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Injury Test
V. Subsidies Valuation
VI. Analysis of Programs
VII. Conclusion
[FR Doc. 2017-21055 Filed 9-29-17; 8:45 am]
BILLING CODE 3510-DS-P
