Certain Amorphous Silica Fabric From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders, 61289-61290 [2022-22000]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61289-61290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22000]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-038, C-570-039]


Certain Amorphous Silica Fabric From the People's Republic of 
China: Continuation of Antidumping and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) and countervailing duty 
(CVD) orders on certain amorphous silica fabric (silica fabric) from 
the People's Republic of China (China) would likely lead to 
continuation or recurrence of dumping, net countervailable subsidies, 
and material injury to an industry in the United States, Commerce is 
publishing a notice of continuation of the AD and CVD orders.

DATES: October 11, 2022.

FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD) or Natasia Harrison 
(CVD), AD/CVD Operations, Office VI, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0167 
or (202) 482-1240, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 17, 2017, Commerce published in the Federal Register the 
AD and CVD orders on silica fabric from China.\1\ On February 1, 2022, 
Commerce published the notice of initiation of the first sunset review 
of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\
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    \1\ See Certain Amorphous Silica Fabric from the People's 
Republic of China: Antidumping Duty Order, 82 FR 14314 (AD Order); 
and Certain Amorphous Silica Fabric from the People's Republic of 
China: Countervailing Duty Order, 82 FR 14316 (March 17, 2017) (CVD 
Order) (collectively, the Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467 
(February 1, 2022).
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    As a result of its reviews, Commerce determined that revocation of 
the AD Order would likely lead to continuation or recurrence of dumping 
and that revocation of the CVD Order would likely lead to the 
continuation or recurrence of countervailable subsidies. Therefore, 
Commerce notified the ITC of the magnitude of the dumping margins and 
countervailable subsidy rates likely to prevail should the Orders be 
revoked.\3\ On September 28, 2022, the ITC published its 
determinations, pursuant to section 751(c) and 752(a) of the Act, that 
revocation of the Orders would likely lead to continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\4\
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    \3\ See Certain Amorphous Silica Fabric from the People's 
Republic of China: Final Results of the Expedited First Sunset 
Review of the Countervailing Duty Order, 87 FR 34641 (June 7, 2022), 
and accompanying Issues and Decision Memorandum (IDM); see also 
Certain Amorphous Silica Fabric from the People's Republic of China: 
Final Results of the Expedited First Sunset Review of the 
Antidumping Duty Order, 87 FR 34845 (June 8, 2022), and accompanying 
IDM.
    \4\ See Certain Amorphous Silica Fabric from China; 
Determinations, 87 FR 58821 (September 28, 2022).
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Scope of the Orders

    The product covered by the Orders is woven (whether from yarns or 
rovings) industrial grade amorphous silica fabric, which contains a 
minimum of 90 percent silica (SiO2) by nominal weight, and a 
nominal width in excess of 8 inches. The Orders cover industrial grade 
amorphous silica fabric regardless of other materials contained in the 
fabric, regardless of whether in roll form or cut-to-length, regardless 
of weight, width (except as noted above), or length. The Orders cover 
industrial grade amorphous silica fabric regardless of whether the 
product is approved by a standards testing body (such as being Factory 
Mutual (FM) Approved), or regardless of whether it meets any 
governmental specification.
    Industrial grade amorphous silica fabric may be produced in various 
colors. The Orders cover industrial grade amorphous silica fabric 
regardless of whether the fabric is colored.

[[Page 61290]]

Industrial grade amorphous silica fabric may be coated or treated with 
materials that include, but are not limited to, oils, vermiculite, 
acrylic latex compound, silicone, aluminized polyester (Mylar[supreg]) 
film, pressure-sensitive adhesive, or other coatings and treatments. 
The Orders cover industrial grade amorphous silica fabric regardless of 
whether the fabric is coated or treated, and regardless of coating or 
treatment weight as a percentage of total product weight. Industrial 
grade amorphous silica fabric may be heat-cleaned. The Orders cover 
industrial grade amorphous silica fabric regardless of whether the 
fabric is heat-cleaned.
    Industrial grade amorphous silica fabric may be imported in rolls 
or may be cut-to-length and then further fabricated to make welding 
curtains, welding blankets, welding pads, fire blankets, fire pads, or 
fire screens. Regardless of the name, all industrial grade amorphous 
silica fabric that has been further cut-to-length or cut-to-width or 
further finished by finishing the edges and/or adding grommets, is 
included within the scope of these Orders.
    Subject merchandise also includes (1) any industrial grade 
amorphous silica fabric that has been converted into industrial grade 
amorphous silica fabric in China from fiberglass cloth produced in a 
third country; and (2) any industrial grade amorphous silica fabric 
that has been further processed in a third country prior to export to 
the United States, including but not limited to treating, coating, 
slitting, cutting to length, cutting to width, finishing the edges, 
adding grommets, or any other processing that would not otherwise 
remove the merchandise from the scope of the Orders if performed in the 
country of manufacture of the in-scope industrial grade amorphous 
silica fabric.
    Excluded from the scope of the Orders is amorphous silica fabric 
that is subjected to controlled shrinkage, which is also called ``pre-
shrunk'' or ``aerospace grade'' amorphous silica fabric. In order to be 
excluded as a pre-shrunk or aerospace grade amorphous silica fabric, 
the amorphous silica fabric must meet the following exclusion criteria: 
(1) the amorphous silica fabric must contain a minimum of 98 percent 
silica (SiO2) by nominal weight; (2) the amorphous silica 
fabric must have an areal shrinkage of 4 percent or less; (3) the 
amorphous silica fabric must contain no coatings or treatments; and (4) 
the amorphous silica fabric must be white in color. For purposes of 
this scope, ``areal shrinkage'' refers to the extent to which a 
specimen of amorphous silica fabric shrinks while subjected to heating 
at 1800 degrees F for 30 minutes.\5\
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    \5\ Areal shrinkage is expressed as the following percentage: 
(Fired Area, cm\2\-Initial Area, cm\2\) x 100 = Areal Shrinkage, % 
Initial Area, cm\2\.
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    Also excluded from the scope are amorphous silica fabric rope and 
tubing (or sleeving). Amorphous silica fabric rope is a knitted or 
braided product made from amorphous silica yarns. Silica tubing (or 
sleeving) is braided into a hollow sleeve from amorphous silica yarns.
    The subject imports are normally classified in subheadings 
7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the 
Harmonized Tariff Schedule of the United States (HTSUS), but may also 
enter under HTSUS subheadings 7019.40.4030, 7019.40.4060, 7019.40.9030, 
7019.40.9060, 7019.51.9010, 7019.51.9090, 7019.52.9010, 7019.52.9021, 
7019.52.9096 and 7019.90.1000. HTSUS subheadings are provided for 
convenience and customs purposes only; the written description of the 
scope of these Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to a continuation or a 
recurrence of dumping, countervailable subsidies, and of material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, Commerce hereby orders the continuation of the 
Orders. U.S. Customs and Border Protection will continue to collect AD 
and CVD cash deposits at the rates in effect at the time of entry for 
all imports of subject merchandise.
    The effective date of the continuation of the Orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, Commerce 
intends to initiate the next five-year review of the Orders no later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Timely notification of return/destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply is a violation of the APO which may be 
subject to sanctions.

Notification to Interested Parties

    This five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-22000 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-DS-P