81 FR 60341 - Antidumping Duty Investigation of Certain Amorphous Silica Fabric From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 170 (September 1, 2016)
International Trade Administration
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60341-60343 | |
| FR Document | 2016-21095 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Notices] [Pages 60341-60343] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21095] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-038] Antidumping Duty Investigation of Certain Amorphous Silica Fabric From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value, Preliminary Affirmative Determination of Critical Circumstances, and Postponement of Final Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain amorphous silica fabric (silica fabric) from the People's Republic of China (the PRC) is being, or is likely to be, sold in the United States at less-than-fair value (LTFV). The period of investigation is July 1, 2015, through December 31, 2015. The estimated weighted-average dumping margins are shown in the ``Preliminary Determination'' section of this notice. We invite interested parties to comment on this preliminary determination. DATES: Effective September 1, 2016. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 and (202) 482-2924, respectively. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this LTFV investigation on February 23, 2016.\1\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum that is dated concurrently with this determination and is hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix I 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 found at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and electronic version of Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See Certain Amorphous Silica Fabric From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 8913 (February 23, 2016) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Amorphous Silica Fabric From the People's Republic of China,'' (Preliminary Decision Memorandum) dated concurrently with this notice. --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is silica fabric from the PRC. For a complete description of the scope of this investigation, see Appendix II. Scope Comments In accordance with the preamble to the Department's regulations,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., ``scope'').\4\ We received comments from one interested party on March 13, 2016. However, since these comments were untimely filed, we rejected them from the record. We received no other comments on scope since publication of the Initiation Notice, other than rebuttal comments filed by petitioner on March 17, 2016, with respect to the untimely filed March 7, 2016, comments. The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). \4\ See Initiation Notice, 81 FR at 8913. --------------------------------------------------------------------------- Methodology The Department conducted this investigation in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). We calculated constructed export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, we calculated normal value (NV) in accordance with section 773(c) of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. Affirmative Preliminary Determination of Critical Circumstances On July 13, 2016, Petitioner filed a timely critical circumstances allegation, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206, alleging that critical circumstances exist with respect to imports of silica fabric from the PRC.\5\ We preliminarily determine that critical circumstances exist for ACIT (Pinghu) Inc. (ACIT), Nanjing Tianyuan Fiberglass Material Co., Ltd. (Nanjing Tianyuan), and the PRC-wide entity. For a full description of the methodology and results of our analysis, please see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ See Letter from Auburn Manufacturing, Inc. (Petitioner), dated July 13, 2016. --------------------------------------------------------------------------- Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.\6\ Policy Bulletin 05.1 describes this practice.\7\ --------------------------------------------------------------------------- \6\ See Initiation Notice, 81 FR at 8917. \7\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Preliminary Determination The preliminary weighted-average antidumping margins are as follows: [[Page 60342]] ------------------------------------------------------------------------ Weighted- Exporter Producer average margin (%) ------------------------------------------------------------------------ ACIT (Pinghu) Inc.............. ACIT (Pinghu) Inc...... 162.47 Nanjing Tianyuan Fiberglass Nanjing Tianyuan 162.47 Material Co., Ltd. Fiberglass Material Co., Ltd. ------------------------------------------------------------------------ PRC-Wide Rate 162.47 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of silica fabric from the PRC as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of investigation was published. As described above, we preliminarily find that critical circumstances exist for imports produced or exported by all exporters of subject merchandise from the PRC. Therefore, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Accordingly, for ACIT, Nanjing Tianyuan, and the PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. We will also instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), to require a cash deposit equal to the margins indicated in the chart above.\8\ As described in the Preliminary Decision Memorandum, in this preliminary determination, no adjustments pursuant to section 777A(f) and 772(c)(1)(C) of the Act are being made for cash deposit purposes. The suspension of liquidation will remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Disclosure and Public Comment We will disclose to interested parties the calculations performed in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this proceeding.\9\ Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\10\ --------------------------------------------------------------------------- \9\ See 19 CFR 351.309(b)(2)(c)(i). \10\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Parties who submit case briefs or rebuttal briefs in this proceeding 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.\11\ This summary should be limited to five pages total, including footnotes. --------------------------------------------------------------------------- \11\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Interested parties who wish to request a hearing must do so in writing within 30 days after the publication of this preliminary determination in the Federal Register.\12\ Requests should contain the party's name, address, and telephone number; the number of participants; 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, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date, time, and location to be determined. Parties will be notified of the date, time, and location of any hearing. --------------------------------------------------------------------------- \12\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Parties must file their case and rebuttal briefs, and any requests for a hearing, electronically using ACCESS.\13\ Electronically-filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due dates established above.\14\ --------------------------------------------------------------------------- \13\ See 19 CFR 351.303(b)(2)(i). \14\ See 19 CFR 351.303(b)(1). --------------------------------------------------------------------------- Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination by the Department, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination by the Department, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. On August 8, 2016, pursuant to 19 CFR 351.210(b)(2)(ii), Petitioner and ACIT requested that the Department postpone its final determination. On August 9, 2016, Nanjing Tianyuan also requested that the Department postpone its final determination. In their respective requests for postponement, ACIT and Nanjing Tianyuan also requested that the Department extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months. In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\15\ --------------------------------------------------------------------------- \15\ See 19 CFR 351.210(e). --------------------------------------------------------------------------- [[Page 60343]] International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we will notify the International Trade Commission (ITC) of our preliminary determination of sales at LTFV. If our 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 our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c). Dated: August 24, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Preliminary Determination of Critical Circumstances V. Scope of the Investigation VI. Discussion of the Methodology A. Non-Market Economy Country B. Surrogate Country and Surrogate Value Comments C. Separate Rates D. The PRC-wide Entity E. Application of Facts Available and Adverse Inferences F. Date of Sale G. Comparisons to Fair Value VII. Currency Conversion VIII. Adjustment Under Section 777A(F) of the Act IX. Adjustment for Countervailable Subsidies X. Disclosure and Public Comment XI. Verification XII. Conclusion Appendix II--Scope of the Investigation The product covered by this investigation 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 investigation covers 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 investigation covers 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 investigation covers industrial grade amorphous silica fabric regardless of whether the fabric is colored. 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 investigation covers 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 investigation covers 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 this investigation. 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 investigation if performed in the country of manufacture of the in- scope industrial grade amorphous silica fabric. Excluded from the scope of the investigation 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: (l) 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.\16\ --------------------------------------------------------------------------- \16\ Areal shrinkage is expressed as the following percentage: ((Fired Area, em2-Initial Area, cm2)/Initial Area, cm2) x 100 = Areal Shrinkage, %. --------------------------------------------------------------------------- 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 this investigation is dispositive. [FR Doc. 2016-21095 Filed 8-31-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60341
products, which requires that Gulf Commerce, 14th Street and Constitution We received no other comments on
Island Shipyards pay all applicable Avenue NW., Washington, DC 20230; scope since publication of the Initiation
duties on such items. telephone (202) 482–4947 and (202) Notice, other than rebuttal comments
Public comment is invited from 482–2924, respectively. filed by petitioner on March 17, 2016,
interested parties. Submissions shall be SUPPLEMENTARY INFORMATION: with respect to the untimely filed March
addressed to the Board’s Executive 7, 2016, comments. The Department is
Secretary at the address below. The Background
preliminarily not modifying the scope
closing period for their receipt is The Department published the notice language as it appeared in the Initiation
October 11, 2016. of initiation of this LTFV investigation Notice.
A copy of the notification will be on February 23, 2016.1 For a complete
available for public inspection at the description of the events that followed Methodology
Office of the Executive Secretary, the initiation of this investigation, see
Foreign-Trade Zones Board, Room the Preliminary Decision Memorandum The Department conducted this
21013, U.S. Department of Commerce, that is dated concurrently with this investigation in accordance with section
1401 Constitution Avenue NW., determination and is hereby adopted by 731 of the Tariff Act of 1930, as
Washington, DC 20230–0002, and in the this notice.2 A list of topics included in amended (the Act). We calculated
‘‘Reading Room’’ section of the Board’s the Preliminary Decision Memorandum constructed export prices in accordance
Web site, which is accessible via is included as Appendix I to this notice. with section 772 of the Act. Because the
www.trade.gov/ftz. The Preliminary Decision Memorandum PRC is a non-market economy within
For further information, contact is a public document and is on file the meaning of section 771(18) of the
Elizabeth Whiteman at electronically via Enforcement and Act, we calculated normal value (NV) in
Elizabeth.Whiteman@trade.gov or (202) Compliance’s Antidumping and accordance with section 773(c) of the
482–0473. Countervailing Duty Centralized Act. For a full description of the
Dated: August 25, 2016. Electronic Service System (ACCESS). methodology underlying our
Andrew McGilvray,
ACCESS is available to registered users conclusions, see the Preliminary
at https://access.trade.gov, and to all Decision Memorandum.
Executive Secretary.
parties in the Central Records Unit,
[FR Doc. 2016–20995 Filed 8–31–16; 8:45 am] Room B8024 of the main Department of Affirmative Preliminary Determination
BILLING CODE 3510–DS–P Commerce building. In addition, a of Critical Circumstances
complete version of the Preliminary
Decision Memorandum can be found at On July 13, 2016, Petitioner filed a
DEPARTMENT OF COMMERCE http://enforcement.trade.gov/frn/. The timely critical circumstances allegation,
signed Preliminary Decision pursuant to section 733(e)(1) of the Act
International Trade Administration
Memorandum and electronic version of and 19 CFR 351.206, alleging that
[A–570–038] Preliminary Decision Memorandum are critical circumstances exist with respect
identical in content. to imports of silica fabric from the PRC.5
Antidumping Duty Investigation of We preliminarily determine that critical
Certain Amorphous Silica Fabric From Scope of the Investigation
circumstances exist for ACIT (Pinghu)
the People’s Republic of China: The product covered by this Inc. (ACIT), Nanjing Tianyuan
Affirmative Preliminary Determination investigation is silica fabric from the Fiberglass Material Co., Ltd. (Nanjing
of Sales at Less-Than-Fair Value, PRC. For a complete description of the
Preliminary Affirmative Determination Tianyuan), and the PRC-wide entity. For
scope of this investigation, see
of Critical Circumstances, and Appendix II. a full description of the methodology
Postponement of Final Determination and results of our analysis, please see
Scope Comments the Preliminary Decision Memorandum.
AGENCY: Enforcement and Compliance, In accordance with the preamble to
International Trade Administration, Combination Rates
the Department’s regulations,3 the
Department of Commerce. Initiation Notice set aside a period of In the Initiation Notice, the
SUMMARY: The Department of Commerce
time for parties to raise issues regarding Department stated that it would
(the Department) preliminarily product coverage (i.e., ‘‘scope’’).4 We
determines that certain amorphous calculate combination rates for the
received comments from one interested respondents that are eligible for a
silica fabric (silica fabric) from the party on March 13, 2016. However,
People’s Republic of China (the PRC) is separate rate in this investigation.6
since these comments were untimely Policy Bulletin 05.1 describes this
being, or is likely to be, sold in the filed, we rejected them from the record.
United States at less-than-fair value practice.7
(LTFV). The period of investigation is 1 See Certain Amorphous Silica Fabric From the Preliminary Determination
July 1, 2015, through December 31, People’s Republic of China: Initiation of Less-Than-
2015. The estimated weighted-average Fair-Value Investigation, 81 FR 8913 (February 23, The preliminary weighted-average
dumping margins are shown in the 2016) (Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
antidumping margins are as follows:
‘‘Preliminary Determination’’ section of Assistant Secretary for Antidumping and
this notice. We invite interested parties Countervailing Duty Operations, to Paul Piquado,
5 See Letter from Auburn Manufacturing, Inc.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
to comment on this preliminary Assistant Secretary for Enforcement and (Petitioner), dated July 13, 2016.
6 See Initiation Notice, 81 FR at 8917.
determination. Compliance ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping 7 See Enforcement and Compliance’s Policy
DATES: Effective September 1, 2016. Duty Investigation of Certain Amorphous Silica Bulletin No. 05.1, regarding, ‘‘Separate-Rates
FOR FURTHER INFORMATION CONTACT: Fabric From the People’s Republic of China,’’ Practice and Application of Combination Rates in
(Preliminary Decision Memorandum) dated Antidumping Investigations involving Non-Market
Scott Hoefke or Fred Baker, AD/CVD concurrently with this notice. Economy Countries,’’ (April 5, 2005) (Policy
Operations, Office VI, Enforcement and 3 See Antidumping Duties; Countervailing Duties, Bulletin 05.1), available on the Department’s Web
Compliance, International Trade 62 FR 27296, 27323 (May 19, 1997). site at http://enforcement.trade.gov/policy/bull05-
Administration, U.S. Department of 4 See Initiation Notice, 81 FR at 8913. 1.pdf.
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![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Notices 60343
International Trade Commission (ITC) the fabric is colored. Industrial grade 7019.59.9021, and 7019.59.9096 of the
Notification amorphous silica fabric may be coated or Harmonized Tariff Schedule of the United
treated with materials that include, but are States (HTSUS), but may also enter under
In accordance with section 733(f) of not limited to, oils, vermiculite, acrylic latex HTSUS subheadings 7019.40.4030,
the Act, we will notify the International compound, silicone, aluminized polyester 7019.40.4060, 7019.40.9030, 7019.40.9060,
Trade Commission (ITC) of our (Mylar®) film, pressure-sensitive adhesive, or 7019.51.9010, 7019.51.9090, 7019.52.9010,
preliminary determination of sales at other coatings and treatments. The 7019.52.9021, 7019.52.9096 and
LTFV. If our final determination is investigation covers industrial grade 7019.90.1000. HTSUS subheadings are
amorphous silica fabric regardless of whether provided for convenience and customs
affirmative, the ITC will determine
the fabric is coated or treated, and regardless purposes only; the written description of the
before the later of 120 days after the date of coating or treatment weight as a percentage scope of this investigation is dispositive.
of this preliminary determination or 45 of total product weight. Industrial grade [FR Doc. 2016–21095 Filed 8–31–16; 8:45 am]
days after our final determination amorphous silica fabric may be heat-cleaned.
BILLING CODE 3510–DS–P
whether these imports are materially The investigation covers industrial grade
injuring, or threaten material injury to, amorphous silica fabric regardless of whether
the U.S. industry. the fabric is heat-cleaned.
Industrial grade amorphous silica fabric DEPARTMENT OF COMMERCE
This determination is issued and
published in accordance with sections may be imported in rolls or may be cut-to-
length and then further fabricated to make International Trade Administration
733(f) and 777(i)(I) of the Act and 19
welding curtains, welding blankets, welding
CFR 351.205(c). pads, fire blankets, fire pads, or fire screens. Initiation of Five-Year (‘‘Sunset’’)
Dated: August 24, 2016. Regardless of the name, all industrial grade Review
Paul Piquado, amorphous silica fabric that has been further AGENCY: Enforcement and Compliance,
Assistant Secretary for Enforcement and cut-to-length or cut-to-width or further
finished by finishing the edges and/or adding
International Trade Administration,
Compliance. Department of Commerce.
grommets, is included within the scope of
Appendix I—List of Topics Discussed in this investigation. SUMMARY: In accordance with section
the Preliminary Decision Memorandum Subject merchandise also includes (1) any 751(c) of the Tariff Act of 1930, as
industrial grade amorphous silica fabric that amended (‘‘the Act’’), the Department of
I. Summary has been converted into industrial grade Commerce (‘‘the Department’’) is
II. Background amorphous silica fabric in China from automatically initiating the five-year
III. Period of Investigation fiberglass cloth produced in a third country; review (‘‘Sunset Review’’) of the
IV. Preliminary Determination of Critical and (2) any industrial grade amorphous silica
Circumstances antidumping and countervailing duty
fabric that has been further processed in a (‘‘AD/CVD’’) order(s) listed below. The
V. Scope of the Investigation third country prior to export to the United
VI. Discussion of the Methodology States, including but not limited to treating,
International Trade Commission (‘‘the
A. Non-Market Economy Country coating, slitting, cutting to length, cutting to Commission’’) is publishing
B. Surrogate Country and Surrogate Value width, finishing the edges, adding grommets, concurrently with this notice its notice
Comments or any other processing that would not of Institution of Five-Year Review which
C. Separate Rates otherwise remove the merchandise from the covers the same order(s).
D. The PRC-wide Entity scope of the investigation if performed in the DATES: Effective Date: September 1,
E. Application of Facts Available and country of manufacture of the in-scope
Adverse Inferences 2016.
industrial grade amorphous silica fabric.
F. Date of Sale Excluded from the scope of the FOR FURTHER INFORMATION CONTACT: The
G. Comparisons to Fair Value investigation is amorphous silica fabric that Department official identified in the
VII. Currency Conversion is subjected to controlled shrinkage, which is Initiation of Review section below at
VIII. Adjustment Under Section 777A(F) of also called ‘‘pre-shrunk’’ or ‘‘aerospace AD/CVD Operations, Enforcement and
the Act grade’’ amorphous silica fabric. In order to be
IX. Adjustment for Countervailable Subsidies
Compliance, International Trade
excluded as a pre-shrunk or aerospace grade Administration, U.S. Department of
X. Disclosure and Public Comment amorphous silica fabric, the amorphous silica
XI. Verification Commerce, 14th Street and Constitution
fabric must meet the following exclusion
XII. Conclusion criteria: (l) The amorphous silica fabric must Avenue NW., Washington, DC 20230.
contain a minimum of 98 percent silica For information from the Commission
Appendix II—Scope of the Investigation contact Mary Messer, Office of
(SiO2) by nominal weight; (2) the amorphous
The product covered by this investigation silica fabric must have an areal shrinkage of Investigations, U.S. International Trade
is woven (whether from yarns or rovings) 4 percent or less; (3) the amorphous silica Commission at (202) 205–3193.
industrial grade amorphous silica fabric, fabric must contain no coatings or treatments; SUPPLEMENTARY INFORMATION:
which contains a minimum of 90 percent and (4) the amorphous silica fabric must be
silica (SiO2) by nominal weight, and a white in color. For purposes of this scope, Background
nominal width in excess of 8 inches. The ‘‘areal shrinkage’’ refers to the extent to The Department’s procedures for the
investigation covers industrial grade which a specimen of amorphous silica fabric
amorphous silica fabric regardless of other shrinks while subjected to heating at 1800
conduct of Sunset Reviews are set forth
materials contained in the fabric, regardless degrees F for 30 minutes.16 in its Procedures for Conducting Five-
of whether in roll form or cut-to-length, Also excluded from the scope are Year (‘‘Sunset’’) Reviews of
regardless of weight, width (except as noted amorphous silica fabric rope and tubing (or Antidumping and Countervailing Duty
above), or length. The investigation covers sleeving). Amorphous silica fabric rope is a Orders, 63 FR 13516 (March 20, 1998)
industrial grade amorphous silica fabric knitted or braided product made from and 70 FR 62061 (October 28, 2005).
asabaliauskas on DSK3SPTVN1PROD with NOTICES
regardless of whether the product is amorphous silica yarns. Silica tubing (or Guidance on methodological or
approved by a standards testing body (such sleeving) is braided into a hollow sleeve from analytical issues relevant to the
as being Factory Mutual (FM) Approved), or amorphous silica yarns. Department’s conduct of Sunset
regardless of whether it meets any The subject imports are normally classified
governmental specification.
Reviews is set forth in Antidumping
in subheadings 7019.59.4021, 7019.59.4096,
Industrial grade amorphous silica fabric Proceedings: Calculation of the
may be produced in various colors. The 16 Areal shrinkage is expressed as the following Weighted-Average Dumping Margin and
investigation covers industrial grade percentage: ((Fired Area, em2¥Initial Area, cm2)/ Assessment Rate in Certain
amorphous silica fabric regardless of whether Initial Area, cm2) × 100 = Areal Shrinkage, %. Antidumping Duty Proceedings; Final
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Document Created: 2018-02-09 11:57:34
Document Modified: 2018-02-09 11:57:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 1, 2016. | |
| Contact | Scott Hoefke or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 and (202) 482-2924, respectively. | |
| FR Citation | 81 FR 60341 |
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