100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 47697-47700 [2017-22203]
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
Whereas, the Board adopts the
findings and recommendations of the
examiner’s memorandum, and finds that
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
approves the expansion of Subzone
124D on behalf of LOOP LLC as
described in the application and
Federal Register notice, subject to the
FTZ Act and the Board’s regulations,
including Section 400.13.
Dated: October 6, 2017.
Gary Taverman,
Deputy Assistant Secretary for AD/CVD
Operations performing the duties of the
Assistant Secretary for Enforcement &
Compliance, Alternate Chairman, ForeignTrade Zones Board.
[FR Doc. 2017–22204 Filed 10–12–17; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Sensors and Instrumentation
Technical Advisory Committee; Notice
of Partially Closed Meeting
The Sensors and Instrumentation
Technical Advisory Committee (SITAC)
will meet on October 25, 2017, 9:30
a.m., in the Herbert C. Hoover Building,
Room 3884, 14th Street between
Constitution and Pennsylvania Avenues
NW., Washington, DC. The Committee
advises the Office of the Assistant
Secretary for Export Administration on
technical questions that affect the level
of export controls applicable to sensors
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Agenda
Public Session:
1. Welcome and Introductions
2. Remarks from the Bureau of
Industry and Security Management
3. Industry Presentations
4. New Business
Closed Session:
5. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in
5 U.S.C. app. 2 §§ 10(a)(1) and
10(a)(3)
The open session will be accessible via
teleconference to 20 participants on a
first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov no later than October 18,
2017.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent that time
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permits, members of the public may
present oral statements to the
Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of public presentation
materials to the Committee members,
the Committee suggests that the
materials be forwarded before the
meeting to Ms. Springer.
The Assistant Secretary for
Administration, with the concurrence of
the General Counsel, formally
determined on August 30, 2017
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d), that the portion of
this meeting dealing with pre-decisional
changes to the Commerce Control List
and U.S. export control policies shall be
exempt from the provisions relating to
public meetings found in 5 U.S.C. app.
2 §§ 10(a)(1) and 10(a)(3). The remaining
portions of the meeting will be open to
the public.
For more information contact Yvette
Springer on (202) 482–2813.
47697
The open session will be accessible via
teleconference to 20 participants on a
first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than October 17,
2017.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via email.
For more information, call Yvette
Springer at (202) 482–2813.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2017–22193 Filed 10–12–17; 8:45 am]
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Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2017–22194 Filed 10–12–17; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–859]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Materials Processing Equipment
Technical Advisory Committee; Notice
of Open Meeting
The Materials Processing Equipment
Technical Advisory Committee
(MPETAC) will meet on October 24,
2017, 9:00 a.m., Room 3884, in the
Herbert C. Hoover Building, 14th Street
between Pennsylvania and Constitution
Avenues NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to materials
processing equipment and related
technology.
Agenda
Open Session:
1. Opening remarks and introductions
2. Presentation of papers and
comments by the Public
3. Discussions on results from last,
and proposals from last Wassenaar
meeting
4. Report on proposed and recently
issued changes to the Export
Administration Regulations
5. Other business
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100- to 150-Seat Large Civil Aircraft
from Canada: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that 100- to 150-seat large
civil aircraft (aircraft) from Canada is
being, or is likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is April 1, 2016, through March
31, 2017.
DATES: Applicable October 13, 2017.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson or Lilit Astvatsatrian, AD/
CVD Operations, Office IV, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4406 or (202) 482–6412,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
(the Act). The Department published the
notice of initiation of this investigation
on May 26, 2017.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.2 A list of topics included
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 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 the 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 this investigation, see Appendix I.
Scope Comments
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In accordance with the preamble to
the Department’s regulations,3 in the
Initiation Notice, the Department set
aside a period of time for parties to raise
issues regarding product coverage (i.e.,
scope).4 Certain interested parties
commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all scope
comments timely received, see the
Scope Comments Decision
Memorandum for the Preliminary
1 See 100- to 150-Seat Large Civil Aircraft From
Canada: Initiation of Less-Than-Fair-Value
Investigation, 82 FR 24296 (May 26, 2017)
(Initiation Notice).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Determination in the Less Than
Fair Value Investigation of 100- To 150-Seat Large
Civil Aircraft from Canada,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice.
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Determination.5 The Department is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Adverse Facts Available
Bombardier Inc. (Bombardier) is the
sole mandatory respondent in this
investigation, and failed to provide
information requested in the
Department’s questionnaire.
Accordingly, we preliminarily
determine to base Bombardier’s
dumping margin on adverse facts
available (AFA), in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. As AFA, we applied the
highest dumping margin calculated for
Canadian exports of subject
merchandise contained in the Petition,
which is 79.82 percent.6 For further
discussion, see the Preliminary Decision
Memorandum.7
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) and (b) of the Act, the
Department has preliminarily relied
upon facts otherwise available with
adverse inferences for Bombardier. For
a full description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
examined. This rate shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
5 See Memorandum, ‘‘100- To 150-Seat Large
Civil Aircraft from Canada: Scope Comments
Decision Memorandum for the Preliminary
Determination’’ (Preliminary Scope Decision
Memorandum), dated concurrently with this
preliminary determination.
6 See Letter to the Honorable Wilbur L. Ross, Jr.,
Secretary of Commerce, from the petitioner,
concerning, ‘‘Petitions for the Imposition of
Antidumping and Countervailing Duties On 100- To
150-Seat Large Civil Aircraft from Canada,’’ dated
April 27, 2017 (the Petition); see also Letter to the
Honorable Wilbur L. Ross, Jr., Secretary of
Commerce from the petitioner, concerning, ‘‘100-To
150-Seat Large Civil Aircraft from Canada—
Petitioner’s Response to AD Supplemental
Questionnaire,’’ dated May 2, 2017’’ (May 4, 2017)
(Petition Supplement).
7 See also memorandum, ‘‘Application of Adverse
Facts Available to Bombardier Inc.,’’ dated October
4, 2017.
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margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
dumping margins, and any dumping
margins determined entirely under
section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the
estimated weighted-average dumping
margins established for all exporters and
producers individually examined are
zero, de minimis or determined based
entirely on facts otherwise available, the
Department may use any reasonable
method to establish the estimated
weighted-average dumping margin for
all-other producers or exporters.
The Department has preliminarily
determined the estimated weightedaverage dumping margin for the
individually examined respondent
entirely under section 776 of the Act.
Consequently, pursuant to section
735(c)(5)(B) of the Act, the Department’s
normal practice under these
circumstances has been to calculate the
‘‘all-others’’‘ rate as a simple average of
the alleged dumping margins from the
Petition.8 The Petition for this
investigation included a single alleged
dumping margin. Therefore, for
purposes of determining the ‘‘all-others’’
rate and pursuant to section 735(c)(5)(B)
of the Act, we are using the alleged
dumping margin in the Petition as the
estimated weighted-average dumping
margin assigned to all other producers
and exporters of subject merchandise.
For a full description of the
methodology underlying the
Department’s analysis, see the
Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
8 See, e.g., Notice of Preliminary Determination of
Sales at Less Than Fair Value: Sodium Nitrite from
the Federal Republic of Germany, 73 FR 21909,
21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair
Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 38986, 38987 (July 8, 2008), and
accompanying Issues and Decision Memorandum at
Comment 2; see also Notice of Final Determination
of Sales at Less Than Fair Value: Raw Flexible
Magnets from Taiwan, 73 FR 39673, 39674 (July 10,
2008); Steel Threaded Rod from Thailand:
Preliminary Determination of Sales at Less Than
Fair Value and Affirmative Preliminary
Determination of Critical Circumstances, 78 FR
79670, 79671 (December 31, 2013), unchanged in
Steel Threaded Rod from Thailand: Final
Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical
Circumstances, 79 FR 14476, 14477 (March 14,
2014).
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
Estimated
weightedaverage
dumping
margin
(percent)
Exporter/producer
Bombardier, Inc ..............................................................................................................................................
All-Others .......................................................................................................................................................
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Suspension of Liquidation
In accordance with section 733(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
Appendix I, entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), the Department will
instruct CBP to require a cash deposit
equal to the estimated weighted-average
dumping margin or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondent listed
above will be equal to the companyspecific estimated weighted-average
dumping margin determined in this
preliminary determination; (2) if the
exporter is not the respondent identified
above, but the producer is, then the cash
deposit rate will be equal to the
company-specific estimated weightedaverage dumping margin established for
that producer of the subject
merchandise; and (3) the cash deposit
rate for all other producers and
exporters will be equal to the all-others
estimated weighted-average dumping
margin.
The Department normally adjusts
cash deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. However, because the
Department has not made a preliminary
affirmative determination for
countervailable export subsidies in the
companion CVD proceeding, the
Department has not adjusted the
estimated weighted-average dumping
margin to offset countervailable export
subsidies.
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
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18:05 Oct 12, 2017
Jkt 244001
in accordance with 19 CFR 351.224(b).
However, because the Department
preliminarily applied total AFA to the
individually examined company,
Bombardier, in this investigation, in
accordance with section 776 of the Act,
and the applied AFA rate is based solely
on the Petition, there are no calculations
to disclose.
Verification
Because the examined respondent in
this investigation did not provide
information requested by the
Department, and the Department
preliminarily determines the examined
respondent to have been uncooperative,
we will not conduct verification.
Public Comment
Case briefs or other written comments
may be submitted to the Assistant
Secretary for Enforcement and
Compliance no later than 21 days after
the date of publication of the
preliminary determination, unless the
Secretary alters the time limit. 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.
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.,
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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79.82
79.82
Cash deposit rate
(adjusted for subsidy
offset(s))
(percent)
Not Applicable.
Not Applicable.
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.
Final Determination
Section 735(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that the
Department will issue the final
determination within 75 days after the
date of its preliminary determination.
Accordingly, the Department intends to
make its final determination no later
than 75 days after the signature date of
this preliminary determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, the Department will notify the
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of the subject merchandise are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: October 4, 2017.
Carole Showers,
Executive Director, Office of Policy
performing the duties of the 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.
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Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices
‘‘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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of
Adverse Inference
A. Application of Facts Available
B. Use of Adverse Inference
C. Preliminary Estimated WeightedAverage Dumping Margin Based on
Adverse Facts Available
D. Corroboration of the AFA Rate
VII. Conclusion
[FR Doc. 2017–22203 Filed 10–12–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
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XRIN 0648–XF547
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Haines
Ferry Terminal Modification Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed incidental harassment
authorization; request for comments.
AGENCY:
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18:05 Oct 12, 2017
Jkt 244001
NMFS has received a request
from the Alaska Department of
Transportation and Public Facilities
(ADOT&PF) for authorization to take
marine mammals incidental to the
Haines Ferry Terminal Modification
Project in Haines, Alaska. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities.
DATES: Comments and information must
be received no later than November 13,
2017.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Daly@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the applications
and supporting documents, as well as a
list of the references cited in this
document, may be obtained online at:
www.nmfs.noaa.gov/pr/permits/
incidental/construction.htm. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
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commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
NMFS has defined ‘‘unmitigable
adverse impact’’ in 50 CFR 216.103 as
‘‘an impact resulting from the specified
activity:
(1) That is likely to reduce the
availability of the species to a level
insufficient for a harvest to meet
subsistence needs by: (i) Causing the
marine mammals to abandon or avoid
hunting areas; (ii) directly displacing
subsistence users; or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and
(2) That cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
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]]>Agencies
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Pages 47697-47700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22203]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-859]
100- to 150-Seat Large Civil Aircraft from Canada: Preliminary
Affirmative Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that 100- to 150-seat large civil aircraft (aircraft) from
Canada is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is April 1,
2016, through March 31, 2017.
DATES: Applicable October 13, 2017.
FOR FURTHER INFORMATION CONTACT: Drew Jackson or Lilit Astvatsatrian,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-4406 or (202)
482-6412, respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended
[[Page 47698]]
(the Act). The Department published the notice of initiation of this
investigation on May 26, 2017.\1\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\2\ A list of topics included 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 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 the electronic versions of
the Preliminary Decision Memorandum are identical in content.
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\1\ See 100- to 150-Seat Large Civil Aircraft From Canada:
Initiation of Less-Than-Fair-Value Investigation, 82 FR 24296 (May
26, 2017) (Initiation Notice).
\2\ See Memorandum, ``Decision Memorandum for the Preliminary
Determination in the Less Than Fair Value Investigation of 100- To
150-Seat Large Civil Aircraft from Canada,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The product covered by this investigation is aircraft from Canada.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\3\
in the Initiation Notice, the Department set aside a period of time for
parties to raise issues regarding product coverage (i.e., scope).\4\
Certain interested parties commented on the scope of the investigation
as it appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this preliminary determination, and accompanying discussion and
analysis of all scope comments timely received, see the Scope Comments
Decision Memorandum for the Preliminary Determination.\5\ The
Department is not preliminarily modifying the scope language as it
appeared in the Initiation Notice. See the scope in Appendix I to this
notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\4\ See Initiation Notice.
\5\ See Memorandum, ``100- To 150-Seat Large Civil Aircraft from
Canada: Scope Comments Decision Memorandum for the Preliminary
Determination'' (Preliminary Scope Decision Memorandum), dated
concurrently with this preliminary determination.
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Adverse Facts Available
Bombardier Inc. (Bombardier) is the sole mandatory respondent in
this investigation, and failed to provide information requested in the
Department's questionnaire. Accordingly, we preliminarily determine to
base Bombardier's dumping margin on adverse facts available (AFA), in
accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308.
As AFA, we applied the highest dumping margin calculated for Canadian
exports of subject merchandise contained in the Petition, which is
79.82 percent.\6\ For further discussion, see the Preliminary Decision
Memorandum.\7\
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\6\ See Letter to the Honorable Wilbur L. Ross, Jr., Secretary
of Commerce, from the petitioner, concerning, ``Petitions for the
Imposition of Antidumping and Countervailing Duties On 100- To 150-
Seat Large Civil Aircraft from Canada,'' dated April 27, 2017 (the
Petition); see also Letter to the Honorable Wilbur L. Ross, Jr.,
Secretary of Commerce from the petitioner, concerning, ``100-To 150-
Seat Large Civil Aircraft from Canada--Petitioner's Response to AD
Supplemental Questionnaire,'' dated May 2, 2017'' (May 4, 2017)
(Petition Supplement).
\7\ See also memorandum, ``Application of Adverse Facts
Available to Bombardier Inc.,'' dated October 4, 2017.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) and (b) of the Act,
the Department has preliminarily relied upon facts otherwise available
with adverse inferences for Bombardier. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis dumping margins, and any dumping
margins determined entirely under section 776 of the Act. Pursuant to
section 735(c)(5)(B) of the Act, if the estimated weighted-average
dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
on facts otherwise available, the Department may use any reasonable
method to establish the estimated weighted-average dumping margin for
all-other producers or exporters.
The Department has preliminarily determined the estimated weighted-
average dumping margin for the individually examined respondent
entirely under section 776 of the Act. Consequently, pursuant to
section 735(c)(5)(B) of the Act, the Department's normal practice under
these circumstances has been to calculate the ``all-others''` rate as a
simple average of the alleged dumping margins from the Petition.\8\ The
Petition for this investigation included a single alleged dumping
margin. Therefore, for purposes of determining the ``all-others'' rate
and pursuant to section 735(c)(5)(B) of the Act, we are using the
alleged dumping margin in the Petition as the estimated weighted-
average dumping margin assigned to all other producers and exporters of
subject merchandise. For a full description of the methodology
underlying the Department's analysis, see the Preliminary Decision
Memorandum.
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\8\ See, e.g., Notice of Preliminary Determination of Sales at
Less Than Fair Value: Sodium Nitrite from the Federal Republic of
Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of
Final Determination of Sales at Less Than Fair Value: Sodium Nitrite
from the Federal Republic of Germany, 73 FR 38986, 38987 (July 8,
2008), and accompanying Issues and Decision Memorandum at Comment 2;
see also Notice of Final Determination of Sales at Less Than Fair
Value: Raw Flexible Magnets from Taiwan, 73 FR 39673, 39674 (July
10, 2008); Steel Threaded Rod from Thailand: Preliminary
Determination of Sales at Less Than Fair Value and Affirmative
Preliminary Determination of Critical Circumstances, 78 FR 79670,
79671 (December 31, 2013), unchanged in Steel Threaded Rod from
Thailand: Final Determination of Sales at Less Than Fair Value and
Affirmative Final Determination of Critical Circumstances, 79 FR
14476, 14477 (March 14, 2014).
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Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
[[Page 47699]]
------------------------------------------------------------------------
Estimated
weighted- Cash deposit rate
Exporter/producer average (adjusted for subsidy
dumping margin offset(s)) (percent)
(percent)
------------------------------------------------------------------------
Bombardier, Inc.............. 79.82 Not Applicable.
All-Others................... 79.82 Not Applicable.
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Suspension of Liquidation
In accordance with section 733(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 Appendix
I, entered, or withdrawn from warehouse, for consumption on or after
the date of publication of this notice in the Federal Register.
Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR
351.205(d), the Department will instruct CBP to require a cash deposit
equal to the estimated weighted-average dumping margin or the estimated
all-others rate, as follows: (1) The cash deposit rate for the
respondent listed above will be equal to the company-specific estimated
weighted-average dumping margin determined in this preliminary
determination; (2) if the exporter is not the respondent identified
above, but the producer is, then the cash deposit rate will be equal to
the company-specific estimated weighted-average dumping margin
established for that producer of the subject merchandise; and (3) the
cash deposit rate for all other producers and exporters will be equal
to the all-others estimated weighted-average dumping margin.
The Department normally adjusts cash deposits for estimated
antidumping duties by the amount of export subsidies countervailed in a
companion countervailing duty (CVD) proceeding, when CVD provisional
measures are in effect. However, because the Department has not made a
preliminary affirmative determination for countervailable export
subsidies in the companion CVD proceeding, the Department has not
adjusted the estimated weighted-average dumping margin to offset
countervailable export subsidies.
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of the notice
of preliminary determination in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because the Department preliminarily
applied total AFA to the individually examined company, Bombardier, in
this investigation, in accordance with section 776 of the Act, and the
applied AFA rate is based solely on the Petition, there are no
calculations to disclose.
Verification
Because the examined respondent in this investigation did not
provide information requested by the Department, and the Department
preliminarily determines the examined respondent to have been
uncooperative, we will not conduct verification.
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 21
days after the date of publication of the preliminary determination,
unless the Secretary alters the time limit. 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.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that
the Department will issue the final determination within 75 days after
the date of its preliminary determination. Accordingly, the Department
intends to make its final determination no later than 75 days after the
signature date of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will
notify the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether imports of the subject merchandise are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: October 4, 2017.
Carole Showers,
Executive Director, Office of Policy performing the duties of the
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.
[[Page 47700]]
``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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
A. Application of Facts Available
B. Use of Adverse Inference
C. Preliminary Estimated Weighted-Average Dumping Margin Based
on Adverse Facts Available
D. Corroboration of the AFA Rate
VII. Conclusion
[FR Doc. 2017-22203 Filed 10-12-17; 8:45 am]
BILLING CODE 3510-DS-P
