Certain Amorphous Silica Fabric From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention, 54458-54460 [2022-19124]
Download as PDF
<![CDATA[
54458
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for TAK will be equal
to the weighted-average dumping
margin established in the final results of
this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 16.27 percent, the all-others rate
established in the LTFV investigation.16
These deposit requirements, when
imposed, shall remain in effect until
further notice.
jspears on DSK121TN23PROD with NOTICES
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of ADs
prior to liquidation of the relevant
entries during this review period.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of ADs
occurred and the subsequent assessment
of double ADs.
16 See
Order.
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: August 30, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022–19194 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038, C–570–039]
Certain Amorphous Silica Fabric From
the People’s Republic of China:
Preliminary Affirmative Determinations
of Circumvention
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that amorphous silica fabric
with 70–90 percent silica content (70–
90 percent ASF) from the People’s
Republic of China (China) is
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on certain amorphous silica
fabric (ASF) from China.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1121.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 27, 2017, Commerce
published the AD and CVD orders on
imports of ASF from China.1 On August
20, 2021, Auburn Manufacturing, Inc.,
the petitioner in the AD and CVD
investigations, requested that Commerce
initiate circumvention inquiries with
regard to 70–90 percent ASF that is
1 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 14314 (March 17, 2017); and Certain
Amorphous Silica Fabric from the People’s
Republic of China: Countervailing Duty Order, 82
FR 14316 (March 17, 2017) (collectively, Orders).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
exported to the United States from
China.2 In its allegation, Auburn
Manufacturing, Inc. (the petitioner)
alleged that 70–90 percent ASF
constitutes merchandise altered in form
or appearance in such minor respects
that it should be included within the
scope of the Orders, pursuant to section
781(c) of the Tariff Act of 1930, as
amended, (the Act) and 19 CFR
351.225(i). In addition, the petitioner
alleged that 70–90 percent ASF is laterdeveloped merchandise and should be
included within the scope of the Orders,
pursuant to section 781(d) of the Act
and 19 CFR 351.225(j). The petitioner
requested that Commerce conduct these
circumvention inquiries on an orderwide basis.3
On November 24, 2021, Commerce
published in the Federal Register the
notice of initiation of these
circumvention inquiries.4 In that notice,
Commerce initiated the circumvention
inquiries on the basis of the minor
alterations allegation, pursuant to
section 781(c) of the Act and 19 CFR
351.225(i).5 However, Commerce
declined to initiate the circumvention
inquiries on the basis of the laterdeveloped merchandise allegation,
pursuant to section 781(d) of the Act
and 19 CFR 351.225(j).6 Commerce
initiated the inquiries on a country-wide
basis.
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.7 A list of topics
2 See Petitioner’s Letter, ‘‘Certain Amorphous
Silica Fabric from the People’s Republic of China:
Request for Anti-Circumvention Inquiry,’’ dated
August 20, 2021 (Petitioner’s Request).
3 Id. at 2.
4 See Certain Amorphous Silica Fabric Between
70 and 90 Percent Silica, from the People’s
Republic of China: Initiation of Circumvention
Inquiry of Antidumping and Countervailing Duty
Orders—70–90 Percent Amorphous Silica Fabric, 86
FR 67022 (November 24, 2021) (Initiation Notice),
and accompanying Initiation Decision
Memorandum. Although Commerce recently
published revisions to its circumvention
regulations, under 19 CFR 351.226, the new
circumvention regulations apply to circumvention
inquiries for which a circumvention request is filed
on or after November 4, 2021. See Regulations to
Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR
52300 (September 20, 2021) (‘‘{a}mendments to
§ 351.226 . . . apply to circumvention inquiries for
which a circumvention request is filed . . . on or
after November 4, 2021’’). Because Auburn
Manufacturing, Inc. (the petitioner) filed its request
on August 20, 2021, before the effective date of the
new regulations, these circumvention inquiries are
being conducted according to the circumvention
regulations, 19 CFR 351.226, in effect prior to
November 4, 2021. Id.
5 Initiation Notice, 86 FR at 67023.
6 Id.
7 See Memorandum, ‘‘Certain Amorphous Silica
Fabric from the People’s Republic of China:
Preliminary Affirmative Determination of
E:\FR\FM\06SEN1.SGM
06SEN1
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
included in the Preliminary Decision
Memorandum is included in the
appendix 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. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Orders
The product subject to the Orders is
amorphous silica fabric with a
minimum silica content of 90 percent by
weight, from China. For a complete
description of the scope of the Orders,
see the Preliminary Decision
Memorandum.
Merchandise Subject to the Scope and
Anti-Circumvention Inquiries
This circumvention inquiry covers
amorphous silica fabric with silica
content between 70 and 90 percent
produced in China and exported to the
United States.
jspears on DSK121TN23PROD with NOTICES
Affirmative Preliminary Determination
of Circumvention
As detailed in the Preliminary
Decision Memorandum, we
preliminarily determine that 70–90
percent ASF produced in China and
exported to the United States is
circumventing the Orders. We make this
determination on a country-wide basis.
As a result, we preliminarily determine
that it is appropriate to include this
merchandise within the Orders and to
instruct U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of 70 and 90 percent ASF
produced in China and exported to the
United States, and to require cash
deposits of estimated antidumping and
countervailing duties.
Methodology
Commerce made these preliminary
affirmative determinations of
circumvention in accordance with
section 781(c) of the Act and 19 CFR
351.225(i). We relied on facts available,
under section 776(a) of the Act, and
drew adverse inferences in selecting
from among the facts available, under
section 776(b) of the Act. We identified
potential producers and/or exporters of
70–90 percent ASF produced in China
Circumvention for 70–90 Percent Amorphous Silica
Fabric,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
and exported to the United States based
on information submitted by the
petitioner,8 and by reviewing CBP entry
data.9 We issued questionnaires
requesting the quantity and value (Q&V)
of production and exports of 70–90
percent ASF produced in China and
exported to the United States and
related information, from the top 10
producers (by export quantity)
represented in these CBP data.10 None
of the 10 companies to which we issued
Q&V questionnaires responded in full.
Seven companies received the Q&V
questionnaire and did not provide a
response.11 One company, New Fire
Co., Ltd. (New Fire), provided a partial
response, but failed to provide a full
response or seek a further extension, by
the relevant deadline.12 For two
companies, the Q&V questionnaires
remains ‘‘in-transit.’’ 13
Therefore, we preliminarily find that
the seven companies and New Fire, the
companies that received the Q&V
Questionnaires, but which did not
respond to our requests for information
in full, failed to provide necessary
information, withheld information
requested by Commerce, and
significantly impeded this proceeding
by not submitting the requested
information. Thus, we further find that
they failed to cooperate to the best of
their abilities, by not providing the
relevant information or seeking an
extension prior to the relevant deadline,
and we have relied on an adverse
inference when selecting from among
the facts otherwise available on the
record for certain aspects of this
preliminary determination, pursuant to
sections 776(a) and (b) of the Act. As
adverse facts available, we preliminarily
determine the eight companies that
8 See
Petitioner’s Request at 10–11.
Memorandum, ‘‘Certain Amorphous Silica
Fabric from the People’s Republic of China: Release
of U.S. Customs and Border Protection Data,’’ dated
February 24, 2022.
10 See Commerce’s Letter, ‘‘Circumvention
Inquiry of the Antidumping and Countervailing
Duty Orders on Certain Amorphous Silica Fabric
from the People’s Republic of China: Quantity and
Value Questionnaire,’’ dated March 17, 2022; see
also Memorandum, ‘‘Certain Amorphous Silica
Fabric from the People’s Republic of China: Q&V
Questionnaire Respondents and Tracking of
Delivery,’’ dated concurrently with this preliminary
determination (Q&V Respondents and Delivery
Tracking Memorandum).
11 See Q&V Respondents and Delivery Tracking
Memorandum; see also Preliminary Decision
Memorandum.
12 See New Fire’s Letter, ‘‘Circumvention Inquiry
of the Antidumping and Countervailing Duty
Orders on Certain Amorphous Silica Fabric from
the People’s Republic of China: Submission of
Quantity and Value Response,’’ dated May 25, 2022;
see also Preliminary Decision Memorandum.
13 See Q&V Respondents and Delivery Tracking
Memorandum at Attachment III.
9 See
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
54459
produce 70–90 percent ASF in China
and exported to the United States are
circumventing the Orders. We further
note that the petitioner (the only party
to provide information in these
inquiries) has provided evidence
consistent with this finding.
Specifically, the petitioner provided
evidence that 70–90 percent ASF are
‘‘articles altered in form or appearance
in minor respects,’’ within the meaning
of 19 CFR 351.225(i) and section 781(c)
of the Act, and that 70–90 percent ASF
produced in China and exported to the
United States is circumventing the
Orders.14 Finally, because none of the
companies that were mailed a Q&V
questionnaire fully responded,
Commerce is making this circumvention
determination on a country-wide basis.
Suspension of Liquidation
As stated above, Commerce is making
preliminary determinations of
circumvention of the Orders on ASF
from China for 70–90 percent ASF
produced in China and exported to the
United States. Further, we are making
this preliminary determination on a
country-wide basis. In accordance with
19 CFR 351.225(l)(2), Commerce intends
to instruct CBP to suspend liquidation
and to require a cash deposit of
estimated antidumping and
countervailing duties on unliquidated
entries of 70–90 percent ASF produced
in China that are entered, or withdrawn
from warehouse, for consumption on or
after November 24, 2021, the date of
publication of initiation of the
circumvention inquiries in the Federal
Register.15 The suspension of
liquidation instructions will remain in
effect until further notice. Commerce
intends to instruct CBP to require AD
and CVD cash deposits at the applicable
rate for each unliquidated entry of the
subject 70–90 percent ASF.
Public Comment
Pursuant to 19 CFR 351.309(c),
interested parties may submit case briefs
no later than 21 days after the date of
publication of this notice. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline for case
briefs.16 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
these scope and anti-circumvention
inquiries are encouraged to submit with
each argument: (1) a statement of the
issue; (2) a brief summary of the
14 See Petitioner’s Request; see also Preliminary
Decision Memorandum.
15 See Initiation Notice.
16 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
E:\FR\FM\06SEN1.SGM
06SEN1
54460
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
argument; and (3) a table of authorities.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.17
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: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. If a request
for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Notification to Interested Parties
This determination is issued and
published in accordance with section
781(c) of the Act and 19 CFR 351.225(i).
U.S. International Trade Commission
Notification
DEPARTMENT OF COMMERCE
Scope of the Order
International Trade Administration
Consistent with section 781(e) of the
Act, Commerce has notified the U.S.
International Trade Commission (ITC) of
this preliminary determination to
include the merchandise subject to
these circumvention inquiries within
the Orders. Pursuant to section 781(e) of
the Act, the ITC may request
consultations concerning Commerce’s
proposed inclusion of the inquiry
merchandise. If, after consultations, the
ITC believes that a significant injury
issue is presented by the proposed
inclusion, it will have 60 days from the
date of notification by Commerce to
provide written advice.
[C–469–818]
The products covered by the Order
are ripe olives from Spain. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.5
jspears on DSK121TN23PROD with NOTICES
Final Determinations
According to section 781(f) of the Act,
Commerce shall, to the maximum extent
practicable, make its anti-circumvention
determination within 300 days from the
date of the initiation of the inquiry.18
Due to the complicated nature of these
anti-circumvention inquiries, we are
hereby extending the deadline for the
final determinations of these anticircumvention inquiries by 73 days.
Therefore, Commerce intends to issue
the final determinations of these anticircumvention inquiries to December 2,
2022.
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See also 19 CFR 351.225(f)(iii)(5) (explaining
that Commerce will issue a final anticircumvention
ruling ‘‘normally within 300 days from the date of
the initiation of the . . . inquiry’’).
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the
Circumvention Inquiries
V. Statutory and Regulatory Framework
VI. Use of Facts Available and Adverse
Inferences
VII. Circumvention Determinations
VIII. Country-Wide Determination
IX. Recommendation
[FR Doc. 2022–19124 Filed 9–2–22; 8:45 am]
BILLING CODE 3510–DS–P
Ripe Olives From Spain: Preliminary
Results of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers/exporters of ripe olives from
Spain during the period of review,
January 1, 2020, through December 31,
2020. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg or Theodore Pearson, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1785 or (202) 482–2631,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 1, 2018, Commerce
published in the Federal Register the
countervailing duty (CVD) order on ripe
olives from Spain.1 On October 7, 2021,
1 See Ripe Olives from Spain: Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 83 FR 37469 (August 1,
2018) (Order).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
Commerce published the notice of
initiation of an administrative review of
the Order.2 On March 29, 2022,
Commerce extended the deadline for the
preliminary results of this review by 120
days until August 31, 2022.3 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix 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. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found to
be countervailable, Commerce
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 For a full
description of the methodology
underlying our conclusions, including
our reliance, in part, on facts otherwise
available pursuant to section 776(a) of
the Act, see the Preliminary Decision
Memorandum.
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
55811 (October 7, 2021).
3 See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Preliminary Results of
Countervailing Duty Administrative Review; 2020,’’
dated March 29, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2020 Countervailing
Duty Administrative Review of Ripe Olives from
Spain,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 Id.
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\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54458-54460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-038, C-570-039]
Certain Amorphous Silica Fabric From the People's Republic of
China: Preliminary Affirmative Determinations of Circumvention
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that amorphous silica fabric with 70-90 percent silica
content (70-90 percent ASF) from the People's Republic of China (China)
is circumventing the antidumping duty (AD) and countervailing duty
(CVD) orders on certain amorphous silica fabric (ASF) from China.
DATES: Applicable September 6, 2022.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On March 27, 2017, Commerce published the AD and CVD orders on
imports of ASF from China.\1\ On August 20, 2021, Auburn Manufacturing,
Inc., the petitioner in the AD and CVD investigations, requested that
Commerce initiate circumvention inquiries with regard to 70-90 percent
ASF that is exported to the United States from China.\2\ In its
allegation, Auburn Manufacturing, Inc. (the petitioner) alleged that
70-90 percent ASF constitutes merchandise altered in form or appearance
in such minor respects that it should be included within the scope of
the Orders, pursuant to section 781(c) of the Tariff Act of 1930, as
amended, (the Act) and 19 CFR 351.225(i). In addition, the petitioner
alleged that 70-90 percent ASF is later-developed merchandise and
should be included within the scope of the Orders, pursuant to section
781(d) of the Act and 19 CFR 351.225(j). The petitioner requested that
Commerce conduct these circumvention inquiries on an order-wide
basis.\3\
---------------------------------------------------------------------------
\1\ See Certain Amorphous Silica Fabric from the People's
Republic of China: Antidumping Duty Order, 82 FR 14314 (March 17,
2017); and Certain Amorphous Silica Fabric from the People's
Republic of China: Countervailing Duty Order, 82 FR 14316 (March 17,
2017) (collectively, Orders).
\2\ See Petitioner's Letter, ``Certain Amorphous Silica Fabric
from the People's Republic of China: Request for Anti-Circumvention
Inquiry,'' dated August 20, 2021 (Petitioner's Request).
\3\ Id. at 2.
---------------------------------------------------------------------------
On November 24, 2021, Commerce published in the Federal Register
the notice of initiation of these circumvention inquiries.\4\ In that
notice, Commerce initiated the circumvention inquiries on the basis of
the minor alterations allegation, pursuant to section 781(c) of the Act
and 19 CFR 351.225(i).\5\ However, Commerce declined to initiate the
circumvention inquiries on the basis of the later-developed merchandise
allegation, pursuant to section 781(d) of the Act and 19 CFR
351.225(j).\6\ Commerce initiated the inquiries on a country-wide
basis.
---------------------------------------------------------------------------
\4\ See Certain Amorphous Silica Fabric Between 70 and 90
Percent Silica, from the People's Republic of China: Initiation of
Circumvention Inquiry of Antidumping and Countervailing Duty
Orders--70-90 Percent Amorphous Silica Fabric, 86 FR 67022 (November
24, 2021) (Initiation Notice), and accompanying Initiation Decision
Memorandum. Although Commerce recently published revisions to its
circumvention regulations, under 19 CFR 351.226, the new
circumvention regulations apply to circumvention inquiries for which
a circumvention request is filed on or after November 4, 2021. See
Regulations to Improve Administration and Enforcement of Antidumping
and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021)
(``{a{time} mendments to Sec. 351.226 . . . apply to circumvention
inquiries for which a circumvention request is filed . . . on or
after November 4, 2021''). Because Auburn Manufacturing, Inc. (the
petitioner) filed its request on August 20, 2021, before the
effective date of the new regulations, these circumvention inquiries
are being conducted according to the circumvention regulations, 19
CFR 351.226, in effect prior to November 4, 2021. Id.
\5\ Initiation Notice, 86 FR at 67023.
\6\ Id.
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\7\ A list of topics
[[Page 54459]]
included in the Preliminary Decision Memorandum is included in the
appendix to this notice.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Certain Amorphous Silica Fabric from the
People's Republic of China: Preliminary Affirmative Determination of
Circumvention for 70-90 Percent Amorphous Silica Fabric,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
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. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Scope of the Orders
The product subject to the Orders is amorphous silica fabric with a
minimum silica content of 90 percent by weight, from China. For a
complete description of the scope of the Orders, see the Preliminary
Decision Memorandum.
Merchandise Subject to the Scope and Anti-Circumvention Inquiries
This circumvention inquiry covers amorphous silica fabric with
silica content between 70 and 90 percent produced in China and exported
to the United States.
Affirmative Preliminary Determination of Circumvention
As detailed in the Preliminary Decision Memorandum, we
preliminarily determine that 70-90 percent ASF produced in China and
exported to the United States is circumventing the Orders. We make this
determination on a country-wide basis. As a result, we preliminarily
determine that it is appropriate to include this merchandise within the
Orders and to instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of 70 and 90 percent ASF produced in
China and exported to the United States, and to require cash deposits
of estimated antidumping and countervailing duties.
Methodology
Commerce made these preliminary affirmative determinations of
circumvention in accordance with section 781(c) of the Act and 19 CFR
351.225(i). We relied on facts available, under section 776(a) of the
Act, and drew adverse inferences in selecting from among the facts
available, under section 776(b) of the Act. We identified potential
producers and/or exporters of 70-90 percent ASF produced in China and
exported to the United States based on information submitted by the
petitioner,\8\ and by reviewing CBP entry data.\9\ We issued
questionnaires requesting the quantity and value (Q&V) of production
and exports of 70-90 percent ASF produced in China and exported to the
United States and related information, from the top 10 producers (by
export quantity) represented in these CBP data.\10\ None of the 10
companies to which we issued Q&V questionnaires responded in full.
Seven companies received the Q&V questionnaire and did not provide a
response.\11\ One company, New Fire Co., Ltd. (New Fire), provided a
partial response, but failed to provide a full response or seek a
further extension, by the relevant deadline.\12\ For two companies, the
Q&V questionnaires remains ``in-transit.'' \13\
---------------------------------------------------------------------------
\8\ See Petitioner's Request at 10-11.
\9\ See Memorandum, ``Certain Amorphous Silica Fabric from the
People's Republic of China: Release of U.S. Customs and Border
Protection Data,'' dated February 24, 2022.
\10\ See Commerce's Letter, ``Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on Certain Amorphous
Silica Fabric from the People's Republic of China: Quantity and
Value Questionnaire,'' dated March 17, 2022; see also Memorandum,
``Certain Amorphous Silica Fabric from the People's Republic of
China: Q&V Questionnaire Respondents and Tracking of Delivery,''
dated concurrently with this preliminary determination (Q&V
Respondents and Delivery Tracking Memorandum).
\11\ See Q&V Respondents and Delivery Tracking Memorandum; see
also Preliminary Decision Memorandum.
\12\ See New Fire's Letter, ``Circumvention Inquiry of the
Antidumping and Countervailing Duty Orders on Certain Amorphous
Silica Fabric from the People's Republic of China: Submission of
Quantity and Value Response,'' dated May 25, 2022; see also
Preliminary Decision Memorandum.
\13\ See Q&V Respondents and Delivery Tracking Memorandum at
Attachment III.
---------------------------------------------------------------------------
Therefore, we preliminarily find that the seven companies and New
Fire, the companies that received the Q&V Questionnaires, but which did
not respond to our requests for information in full, failed to provide
necessary information, withheld information requested by Commerce, and
significantly impeded this proceeding by not submitting the requested
information. Thus, we further find that they failed to cooperate to the
best of their abilities, by not providing the relevant information or
seeking an extension prior to the relevant deadline, and we have relied
on an adverse inference when selecting from among the facts otherwise
available on the record for certain aspects of this preliminary
determination, pursuant to sections 776(a) and (b) of the Act. As
adverse facts available, we preliminarily determine the eight companies
that produce 70-90 percent ASF in China and exported to the United
States are circumventing the Orders. We further note that the
petitioner (the only party to provide information in these inquiries)
has provided evidence consistent with this finding. Specifically, the
petitioner provided evidence that 70-90 percent ASF are ``articles
altered in form or appearance in minor respects,'' within the meaning
of 19 CFR 351.225(i) and section 781(c) of the Act, and that 70-90
percent ASF produced in China and exported to the United States is
circumventing the Orders.\14\ Finally, because none of the companies
that were mailed a Q&V questionnaire fully responded, Commerce is
making this circumvention determination on a country-wide basis.
---------------------------------------------------------------------------
\14\ See Petitioner's Request; see also Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
Suspension of Liquidation
As stated above, Commerce is making preliminary determinations of
circumvention of the Orders on ASF from China for 70-90 percent ASF
produced in China and exported to the United States. Further, we are
making this preliminary determination on a country-wide basis. In
accordance with 19 CFR 351.225(l)(2), Commerce intends to instruct CBP
to suspend liquidation and to require a cash deposit of estimated
antidumping and countervailing duties on unliquidated entries of 70-90
percent ASF produced in China that are entered, or withdrawn from
warehouse, for consumption on or after November 24, 2021, the date of
publication of initiation of the circumvention inquiries in the Federal
Register.\15\ The suspension of liquidation instructions will remain in
effect until further notice. Commerce intends to instruct CBP to
require AD and CVD cash deposits at the applicable rate for each
unliquidated entry of the subject 70-90 percent ASF.
---------------------------------------------------------------------------
\15\ See Initiation Notice.
---------------------------------------------------------------------------
Public Comment
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 21 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in case briefs, may
be submitted no later than seven days after the deadline for case
briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in these scope and anti-
circumvention inquiries are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the
[[Page 54460]]
argument; and (3) a table of authorities. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\17\
---------------------------------------------------------------------------
\16\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
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:
(1) the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date and time of the hearing two days before the scheduled date.
U.S. International Trade Commission Notification
Consistent with section 781(e) of the Act, Commerce has notified
the U.S. International Trade Commission (ITC) of this preliminary
determination to include the merchandise subject to these circumvention
inquiries within the Orders. Pursuant to section 781(e) of the Act, the
ITC may request consultations concerning Commerce's proposed inclusion
of the inquiry merchandise. If, after consultations, the ITC believes
that a significant injury issue is presented by the proposed inclusion,
it will have 60 days from the date of notification by Commerce to
provide written advice.
Final Determinations
According to section 781(f) of the Act, Commerce shall, to the
maximum extent practicable, make its anti-circumvention determination
within 300 days from the date of the initiation of the inquiry.\18\ Due
to the complicated nature of these anti-circumvention inquiries, we are
hereby extending the deadline for the final determinations of these
anti-circumvention inquiries by 73 days. Therefore, Commerce intends to
issue the final determinations of these anti-circumvention inquiries to
December 2, 2022.
---------------------------------------------------------------------------
\18\ See also 19 CFR 351.225(f)(iii)(5) (explaining that
Commerce will issue a final anticircumvention ruling ``normally
within 300 days from the date of the initiation of the . . .
inquiry'').
---------------------------------------------------------------------------
Notification to Interested Parties
This determination is issued and published in accordance with
section 781(c) of the Act and 19 CFR 351.225(i).
Dated: August 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to the Circumvention Inquiries
V. Statutory and Regulatory Framework
VI. Use of Facts Available and Adverse Inferences
VII. Circumvention Determinations
VIII. Country-Wide Determination
IX. Recommendation
[FR Doc. 2022-19124 Filed 9-2-22; 8:45 am]
BILLING CODE 3510-DS-P
