Certain Amorphous Silica Fabric From the People's Republic of China: Final Affirmative Determinations of Circumvention, 7400-7401 [2023-02214]
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lotter on DSK11XQN23PROD with NOTICES1
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
time of the conviction, may be revoked.
Id.
BIS received notice of Pina’s
conviction for violating 18 U.S.C. 554.
As provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
Pina to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Pina.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Pina’s export
privileges under the Regulations for a
period of eight years from the date of
Pina’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Pina had an interest at the time of her
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 2, 2029, Maria Guadalupe
Pina, with a last known address of 807
Guadalupe St., Laredo, TX 78040, and
when acting for or on her behalf, her
successors, assigns, employees, agents
or representatives (‘‘the Denied
Person’’), may not directly or indirectly
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial orders
pursuant to amendments to the Regulations (85 FR
73411, November 18, 2020).
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17:51 Feb 02, 2023
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Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
ECRA and Sections 766.23 and 766.25
of the Regulations, any other person,
firm, corporation, or business
organization related to Pina by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Pina may file an appeal
of this Order with the Under Secretary
of Commerce for Industry and Security.
The appeal must be filed within 45 days
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
Fifth, a copy of this Order shall be
delivered to Pina and shall be published
in the Federal Register.
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Sixth, this Order is effective
immediately and shall remain in effect
until February 2, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–02322 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038, C–570–039]
Certain Amorphous Silica Fabric From
the People’s Republic of China: Final
Affirmative Determinations of
Circumvention
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of amorphous silica fabric
(ASF) with 70 to 90 percent silica
content (70–90 percent ASF) from the
People’s Republic of China (China) are
circumventing the antidumping (AD)
and countervailing duty (CVD) orders
on certain amorphous silica fabric from
China.
DATES: Applicable February 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Tyler Weinhold, 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) 482–1121.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2022, Commerce
published the preliminary affirmative
determinations of circumvention of the
AD and CVD orders 1 on certain
amorphous silica fabric by imports of
70–90 percent ASF from China.2 In the
Preliminary Determinations, Commerce
extended the deadline for the final
determinations of these circumvention
inquiries to December 2, 2022.3 On
November 22, 2022, Commerce further
extended the deadline for the final
determinations of these circumvention
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 Certain Amorphous Silica Fabric from the
People’s Republic of China: Preliminary Affirmative
Determinations of Circumvention, 87 FR 54458
(September 6, 2022) (Preliminary Determinations),
and accompanying Preliminary Decision
Memorandum (PDM).
3 Id. at 54460.
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Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
inquiries to January 31, 2022.4 On
September 8, 2022, Auburn
Manufacturing, Inc. (AMI), the
petitioner in the AD and CVD
investigations (the petitioner),
submitted comments on the Preliminary
Determinations,5 and on September 27,
2022, submitted a case brief.6 No other
party commented on the Preliminary
Determinations. We conducted these
circumvention inquiries in accordance
with section 781(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.225(i).7
Scope of the Orders
The product subject to the Orders is
ASF with a minimum silica content of
90 percent by weight, from China. A full
description of the scope of the Orders is
contained in the Issues and Decision
Memorandum.8
Scope of the Circumvention Inquiries
These circumvention inquires cover
70–90 percent ASF produced in China
and exported to the United States.9
Methodology
Commerce is conducting these
circumvention inquiries in accordance
with section 781(c) of the Act and 19
CFR 351.225(i). For a full description of
the methodology underlying
Commerce’s final determinations, see
the Issues and Decision Memorandum.
lotter on DSK11XQN23PROD with NOTICES1
4 See
Memorandum, ‘‘Extension of Circumvention
Final Rulings,’’ dated November 22, 2022.
5 See Petitioner’s Letter ‘‘AMI Comments on
Importer Certification,’’ dated September 8, 2022.
6 See Petitioner’s Letter, ‘‘AMI Case Brief,’’ dated
September 27, 2022.
7 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
revised 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 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.
8 See Memorandum, ‘‘Certain Amorphous Silica
Fabric from the People’s Republic of China: Issues
and Decision Memorandum for Final Affirmative
Determination of Circumvention,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
9 See Initiation Notice and Initiation Decision
Memorandum; see also Preliminary Determinations,
87 FR at 54458–59 and PDM at 7.
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Jkt 259001
The Issues and Decision Memorandum
is a public document and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in these
inquiries are addressed in the Issues and
Decision Memorandum. A list of the
issues raised is attached to this notice as
an appendix. We have not made any
changes to the Preliminary
Determinations based on our analysis of
the comments received.
Final Affirmative Determinations
As detailed in the Issues and Decision
Memorandum, we determine that 70–90
percent ASF produced in China and
exported to the United States is
circumventing the Orders on certain
amorphous silica fabric from China.
Therefore, we determine that it is
appropriate to include this merchandise
within the scope of the Orders on
certain amorphous silica fabric from
China and to instruct U.S. Customs and
Border Protection (CBP) to continue to
suspend entries of 70–90 percent ASF
produced in China and exported to the
United States.
Continued Suspension of Liquidation
In accordance with 19 CFR
351.225(l)(3), based on the final
determinations in these circumvention
inquiries, Commerce will direct CBP to
continue to suspend liquidation and to
require a cash deposit of estimated
duties on unliquidated entries of 70–90
percent ASF produced in China and
exported to the United States, and
entered, or withdrawn from warehouse,
for consumption on or after November
24, 2021, the date of publication of the
Initiation Notice. The suspension of
liquidation will remain in effect until
further notice. As we explained in the
Preliminary Determinations,10
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.
ASF with 70 percent or less silica
content is not subject to these
circumvention inquiries.11 Commerce
10 See Preliminary Determinations, 87 FR at
54458–59.
11 See Initiation Notice, 86 FR at 67022; see also
Preliminary Determinations, 87 FR at 54458–59.
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7401
required cash deposits on all entries of
70–90 percent ASF but did not
implement a certification process at the
preliminary stage.12 We received
comments from the petitioner on the
issue of establishing a certification
process. For the final determinations,
we will not implement a certification
process,13 and we will require cash
deposits on 70–90 Percent ASF
produced in China and exported to the
United States.14
Administrative Protective Order
This notice will serve as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
These final affirmative determinations
of circumvention are being issued and
published in accordance with section
781(c) of the Act and 19 CFR 351.225(i).
Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiries
V. Discussion of the Issues
Comment 1: Whether Commerce Should
Continue to Apply Adverse Facts
Available and Continue to Find that 70–
90 Percent ASF Constitutes Articles
‘‘Altered in Form or Appearance in
Minor Respects’’
Comment 2: Whether Commerce Should
Establish a Certification Procedure to
Enforce these Circumvention
Determinations
VI. Recommendation
[FR Doc. 2023–02214 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DS–P
12 See Preliminary Determinations, 87 FR at
54458–59.
13 See Issues and Decision Memorandum at
Comment 2.
14 Id.
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03FEN1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7400-7401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02214]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-038, C-570-039]
Certain Amorphous Silica Fabric From the People's Republic of
China: Final Affirmative Determinations of Circumvention
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of amorphous silica fabric (ASF) with 70 to 90 percent silica
content (70-90 percent ASF) from the People's Republic of China (China)
are circumventing the antidumping (AD) and countervailing duty (CVD)
orders on certain amorphous silica fabric from China.
DATES: Applicable February 3, 2023.
FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2022, Commerce published the preliminary
affirmative determinations of circumvention of the AD and CVD orders
\1\ on certain amorphous silica fabric by imports of 70-90 percent ASF
from China.\2\ In the Preliminary Determinations, Commerce extended the
deadline for the final determinations of these circumvention inquiries
to December 2, 2022.\3\ On November 22, 2022, Commerce further extended
the deadline for the final determinations of these circumvention
[[Page 7401]]
inquiries to January 31, 2022.\4\ On September 8, 2022, Auburn
Manufacturing, Inc. (AMI), the petitioner in the AD and CVD
investigations (the petitioner), submitted comments on the Preliminary
Determinations,\5\ and on September 27, 2022, submitted a case
brief.\6\ No other party commented on the Preliminary Determinations.
We conducted these circumvention inquiries in accordance with section
781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.225(i).\7\
---------------------------------------------------------------------------
\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 Certain Amorphous Silica Fabric from the People's
Republic of China: Preliminary Affirmative Determinations of
Circumvention, 87 FR 54458 (September 6, 2022) (Preliminary
Determinations), and accompanying Preliminary Decision Memorandum
(PDM).
\3\ Id. at 54460.
\4\ See Memorandum, ``Extension of Circumvention Final
Rulings,'' dated November 22, 2022.
\5\ See Petitioner's Letter ``AMI Comments on Importer
Certification,'' dated September 8, 2022.
\6\ See Petitioner's Letter, ``AMI Case Brief,'' dated September
27, 2022.
\7\ 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 revised 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 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.
---------------------------------------------------------------------------
Scope of the Orders
The product subject to the Orders is ASF with a minimum silica
content of 90 percent by weight, from China. A full description of the
scope of the Orders is contained in the Issues and Decision
Memorandum.\8\
---------------------------------------------------------------------------
\8\ See Memorandum, ``Certain Amorphous Silica Fabric from the
People's Republic of China: Issues and Decision Memorandum for Final
Affirmative Determination of Circumvention,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Scope of the Circumvention Inquiries
These circumvention inquires cover 70-90 percent ASF produced in
China and exported to the United States.\9\
---------------------------------------------------------------------------
\9\ See Initiation Notice and Initiation Decision Memorandum;
see also Preliminary Determinations, 87 FR at 54458-59 and PDM at 7.
---------------------------------------------------------------------------
Methodology
Commerce is conducting these circumvention inquiries in accordance
with section 781(c) of the Act and 19 CFR 351.225(i). For a full
description of the methodology underlying Commerce's final
determinations, see the Issues and Decision Memorandum. The Issues and
Decision Memorandum is a public document and 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 Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
these inquiries are addressed in the Issues and Decision Memorandum. A
list of the issues raised is attached to this notice as an appendix. We
have not made any changes to the Preliminary Determinations based on
our analysis of the comments received.
Final Affirmative Determinations
As detailed in the Issues and Decision Memorandum, we determine
that 70-90 percent ASF produced in China and exported to the United
States is circumventing the Orders on certain amorphous silica fabric
from China. Therefore, we determine that it is appropriate to include
this merchandise within the scope of the Orders on certain amorphous
silica fabric from China and to instruct U.S. Customs and Border
Protection (CBP) to continue to suspend entries of 70-90 percent ASF
produced in China and exported to the United States.
Continued Suspension of Liquidation
In accordance with 19 CFR 351.225(l)(3), based on the final
determinations in these circumvention inquiries, Commerce will direct
CBP to continue to suspend liquidation and to require a cash deposit of
estimated duties on unliquidated entries of 70-90 percent ASF produced
in China and exported to the United States, and entered, or withdrawn
from warehouse, for consumption on or after November 24, 2021, the date
of publication of the Initiation Notice. The suspension of liquidation
will remain in effect until further notice. As we explained in the
Preliminary Determinations,\10\ 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.
---------------------------------------------------------------------------
\10\ See Preliminary Determinations, 87 FR at 54458-59.
---------------------------------------------------------------------------
ASF with 70 percent or less silica content is not subject to these
circumvention inquiries.\11\ Commerce required cash deposits on all
entries of 70-90 percent ASF but did not implement a certification
process at the preliminary stage.\12\ We received comments from the
petitioner on the issue of establishing a certification process. For
the final determinations, we will not implement a certification
process,\13\ and we will require cash deposits on 70-90 Percent ASF
produced in China and exported to the United States.\14\
---------------------------------------------------------------------------
\11\ See Initiation Notice, 86 FR at 67022; see also Preliminary
Determinations, 87 FR at 54458-59.
\12\ See Preliminary Determinations, 87 FR at 54458-59.
\13\ See Issues and Decision Memorandum at Comment 2.
\14\ Id.
---------------------------------------------------------------------------
Administrative Protective Order
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
These final affirmative determinations of circumvention are being
issued and published in accordance with section 781(c) of the Act and
19 CFR 351.225(i).
Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiries
V. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Apply Adverse
Facts Available and Continue to Find that 70-90 Percent ASF
Constitutes Articles ``Altered in Form or Appearance in Minor
Respects''
Comment 2: Whether Commerce Should Establish a Certification
Procedure to Enforce these Circumvention Determinations
VI. Recommendation
[FR Doc. 2023-02214 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P
