100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 47697-47700 [2017-22203]

Download as PDF 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] BILLING CODE 3510–DS–P 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 and instrumentation equipment and technology. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 VerDate Sep<11>2014 18:05 Oct 12, 2017 Jkt 244001 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] BILLING CODE 4310–JT–P Yvette Springer, Committee Liaison Officer. [FR Doc. 2017–22194 Filed 10–12–17; 8:45 am] BILLING CODE P 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 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13OCN1.SGM 13OCN1 47698 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 http://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 asabaliauskas on DSKBBXCHB2PROD with NOTICES 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. VerDate Sep<11>2014 18:05 Oct 12, 2017 Jkt 244001 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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). E:\FR\FM\13OCN1.SGM 13OCN1 47699 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices Estimated weightedaverage dumping margin (percent) Exporter/producer Bombardier, Inc .............................................................................................................................................. All-Others ....................................................................................................................................................... asabaliauskas on DSKBBXCHB2PROD with NOTICES 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, VerDate Sep<11>2014 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13OCN1.SGM 13OCN1 47700 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 asabaliauskas on DSKBBXCHB2PROD with NOTICES 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: VerDate Sep<11>2014 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 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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) E:\FR\FM\13OCN1.SGM 13OCN1

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]


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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 http://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.
------------------------------------------------------------------------

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