81_FR_69979 81 FR 69784 - Notice of Scope Rulings

81 FR 69784 - Notice of Scope Rulings

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 195 (October 7, 2016)

Page Range69784-69786
FR Document2016-24357

The Department of Commerce (``Department'') hereby publishes a list of scope rulings and anticircumvention determinations made between October 1, 2015, and December 31, 2015, inclusive. We intend to publish future lists after the close of the next calendar quarter.

Federal Register, Volume 81 Issue 195 (Friday, October 7, 2016)
[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69784-69786]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24357]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Notice of Scope Rulings

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Effective October 7, 2016.

SUMMARY: The Department of Commerce (``Department'') hereby publishes a 
list of scope rulings and anticircumvention determinations made between 
October 1, 2015, and December 31, 2015, inclusive. We intend to publish 
future lists after the close of the next calendar quarter.

FOR FURTHER INFORMATION CONTACT: Brenda E. Waters, AD/CVD Operations, 
Customs Liaison Unit, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4735.

SUPPLEMENTARY INFORMATION: 

Background

    The Department's regulations provide that the Secretary will 
publish in the Federal Register a list of scope rulings on a quarterly 
basis.\1\ Our most recent notification of scope rulings was published 
on March 17, 2016.\2\ This current notice covers all scope rulings and 
anticircumvention determinations made by Enforcement and Compliance 
between October 1, 2015, and December 31, 2015, inclusive. Subsequent 
lists will follow after the close of each calendar quarter.
---------------------------------------------------------------------------

    \1\ See 19 CFR 351.225(o).
    \2\ See Notice of Scope Rulings, 81 FR 14421 (March 17, 2016).
---------------------------------------------------------------------------

Scope Rulings Made Between October 1, 2015 and December 31, 2015

People's Republic of China

A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Agilent Technologies, Inc.; Agilent's KF 16 Hose Adapter 
consists entirely of extruded aluminum. Therefore, it does not meet the 
definition of ``finished merchandise'' and is within the scope of the 
antidumping and countervailing duty orders; October 27, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Clam Corporation; aluminum spreader poles which may be 
used to support and stabilize the frames of various ice fishing 
shelters are outside the scope of the antidumping and countervailing 
duty orders; October 28, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Carrand Companies Inc.; wash poles that include two (2) 
aluminum poles of differing dimensions, a two-part polypropylene 
locking collar, foam comfort grips, a threaded polypropylene end for 
attachment of a garden hose, and a locking head mechanism or threaded 
tip (made of plastic or metal) that allows the Telescoping Wash Poles 
to be used with a variety of attachments are outside

[[Page 69785]]

the scope of the antidumping and countervailing duty orders; November 
4, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Immediate Response Technology; IRT Scissor Strut, IRT 
Scissor Strut--29'' Tube with Holes, and IRT Scissor Strut--29'' Tube 
without Holes products are within the scope of the antidumping and 
countervailing duty orders; November 18, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Dometic Corporation; lateral arm assemblies for 
supporting recreational vehicle awnings are ``finished merchandise'' 
and are outside the scope of the antidumping duty and countervailing 
duty orders; November 23, 2015.
A-5A-570-967 and C-570-968: Aluminum Extrusions From the People's 
Republic of China
    Requestor: Delphi Tube and Block Assemblies; aluminum tube and 
block assemblies for automotive heating and cooling systems consist 
entirely of extruded aluminum. Therefore, they do not meet the 
definition of ``finished merchandise'' and are within the scope of the 
antidumping and countervailing duty orders; November 24, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Poolmaster, Inc.; Poolmaster's telescoping aluminum 
poles, aluminum skimmers, aluminum rakes and life hook are ``finished 
merchandise'' and are outside the scope of the antidumping and 
countervailing duty orders. Poolmaster's aluminum leaf skimmer kits, 
pool vacuums, spa vacuums and telescopic pole with brush are ``finished 
goods kits'' and are outside the scope of the antidumping and 
countervailing duty orders; November 24, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Liberty Hardware Manufacturing Co.; shower door kits 
including extruded aluminum frames and tracks, glass door panels, and 
assorted non-aluminum parts are ``finished goods kits'' and are outside 
the scope of the antidumping and countervailing duty orders; December 
9, 2015.
A-570-967 and C-570-968: Aluminum Extrusions From the People's Republic 
of China
    Requestor: Bridging China International Ltd.; telescoping pool 
poles comprising extruded aluminum tubing with non-aluminum components 
are ``finished merchandise'' outside the scope of the antidumping and 
countervailing duty orders; December 28, 2015.
A-570-018 and C-570-019: Boltless Steel Shelving Units Prepackaged for 
Sale From the People's Republic of China
    Requestor: Rankam VDG Industries Ltd. and Rankam (China) 
Manufacturing Co. Ltd. (collectively, ``Rankam''); Rankam's four bolted 
steel shelving units are outside the scope of the orders because the 
shelving units require bolts to assemble and hold the units upright in 
a fixed, weight-loading position; December 3, 2015.
A-570-018 and C-570-019: Boltless Steel Shelving Units Prepackaged for 
Sale From the People's Republic of China
    Requestor: ACCO Brands USA LLC (``ACCO''); ACCO's locker shelves 
are outside the scope of the orders because the decking is necessary 
for the structural integrity of the unit; December 10, 2015.
A-570-901: Certain Lined Paper Products From the People's Republic of 
China
    Requestor: DaySpring Cards, Inc.; the ``Live Beautifully'' journal, 
a 10 inch by 7.5 inch journal that contains approximately 160 pages, is 
pre-printed with horizontal lines, contains inspirational quotes on 
each page, and whose cover is affixed to a text block made from a 
binders board and spine strip is outside the scope because it meets the 
exclusion criteria for printed books and other books that are case 
bound through the inclusion of binders board, a spine strip, and cover 
wrap; November 18, 2015.
A-570-504: Certain Petroleum Wax Candles From the People's Republic of 
China
    Requestor: PriceSmart, Inc. (``PriceSmart''); PriceSmart's LED 
candles are outside the scope of the order because they have plastic 
wicks; October 9, 2015.
A-570-972: Certain Stilbenic Optical Brightening Agents From the 
People's Republic China
    Requestor: Procter & Gamble; Products--Aako FB-71C and Fluorescent 
Brighter 351; P&G's Aako FB-71C meets the exclusion language of the 
Order, and P&G's Fluorescent Brighter 351 is not covered by the Order 
as it is not a triazinylaminostilbene or a derivative chemical; October 
16, 2015.
A-570-010 and C-570-011: Crystalline Silicon Photovoltaic Products From 
the People's Republic of China
    Requestor: Aireko Construction, LLC; solar modules assembled in the 
People's Republic of China using solar cells produced in the United 
States are within the scope of the antidumping duty orders because the 
scope of these orders explicitly includes solar modules assembled in 
the People's Republic of China consisting of solar cells produced in a 
third-country; November 12, 2015.
A-570-970: Multilayered Wood Flooring From the People's Republic of 
China
    Requestor: Jiangsu Keri Wood Co., Ltd.; Product--two-layer 
engineered wood flooring; Keri's two-layer wood flooring is not within 
the scope because it lacks the requisite ``two or more layers of plies 
of wood veneer in combination with a core''; October 16, 2015.
A-570-970: Multilayered Wood Flooring From the People's Republic of 
China
    Requestor: Zhejiang Fuma Warm Technology Co., Ltd.; Product--two-
layer engineered wood flooring; Fuma's two-layer wood flooring is not 
within the scope because it lacks the requisite ``two or more layers of 
plies of wood veneer in combination with a core''; October 16, 2015.
A-570-886: Polyethylene Retail Carrier Bags From the People's Republic 
of China
    Requestor: Grand A International Company, Inc.; Certain bags 
identified as ``Green T-Shirt Bags Reusable'' are within the scope of 
the antidumping duty order on polyethylene carrier bags from the 
People's Republic of China; December 16, 2015.
A-570-928: Uncovered Innerspring Units From the People's Republic of 
China
    Requestor: Leggett & Platt Incorporated; exports to the United 
States of uncovered innerspring units completed and assembled in 
Malaysia by Goldon Manufacturing Sdn. Bhd. from PRC-origin innerspring 
components are circumventing the antidumping duty order; November 30, 
2015.
    Interested parties are invited to comment on the completeness of 
this

[[Page 69786]]

list of completed scope and anticircumvention inquiries. Any comments 
should be submitted to the Deputy Assistant Secretary for AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, 14th Street and Constitution Avenue NW., APO/Dockets 
Unit, Room 1870, Washington, DC 20230.
    This notice is published in accordance with 19 CFR 351.225(o).

    Dated: September 22, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2016-24357 Filed 10-6-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  69784                             Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

                                                  automatically initiate and conduct a                          or a countervailable subsidy (as the case                     2016 and will appear in that month’s
                                                  review to determine whether revocation                        may be) and of material injury.                               Notice of Initiation of Five-Year Sunset
                                                  of a countervailing or antidumping duty                                                                                     Review (‘‘Sunset Review’’).
                                                                                                                Upcoming Sunset Reviews for
                                                  order or termination of an investigation
                                                                                                                November 2016
                                                  suspended under section 704 or 734 of
                                                  the Act would be likely to lead to                              The following Sunset Reviews are
                                                  continuation or recurrence of dumping                         scheduled for initiation in November

                                                                                                                                                                                               Department contact

                                                                                  Antidumping Duty Proceedings
                                                  Helical Spring Lock Washers from the PRC (A–570–822) (4th Review) ..............................................                 David Goldberger (202) 482–4136.
                                                  Multilayered Wood Flooring from the PRC (A–570–970) (1st Review) ................................................                Matthew Renkey (202) 482–2312.
                                                  Gray Portland Cement and Cement Clinker from Japan (A–588–815) (4th Review) ...........................                          David Goldberger (202) 482–4136.
                                                  Welded ASTM A–312 Stainless Steel Pipe from Republic of Korea (A–580–810) (4th Review) .........                                 Jacqueline Arrowsmith (202) 482–5255.
                                                  Solid Urea from Russia (A–821–801) (4th Review) ..............................................................................   David Goldberger (202) 482–4136.
                                                  Helical Spring Lock Washers from Taiwan (A–583–820) (4th Review) ................................................                David Goldberger (202) 482–4136.
                                                  Welded ASTM A–312 Stainless Steel Pipe from Taiwan (A–583–815) (4th Review) ..........................                           Jacqueline Arrowsmith (202) 482–5255.
                                                  Solid Urea from Ukraine (A–823–801) (4th Review) .............................................................................   David Goldberger (202) 482–5255.
                                                                                 Countervailing Duty Proceedings
                                                  Multilayered Wood Flooring from the PRC (C–570–971) (1st Review) ................................................                David Goldberger (202) 482–4136.
                                                                                     Suspended Investigations
                                                  No Sunset Review of suspended investigations is scheduled for initiation in November 2016.



                                                     The Department’s procedures for the                        DEPARTMENT OF COMMERCE                                        will follow after the close of each
                                                  conduct of Sunset Reviews are set forth                                                                                     calendar quarter.
                                                  in 19 CFR 351.218. The Notice of                              International Trade Administration
                                                                                                                                                                              Scope Rulings Made Between October
                                                  Initiation of Five-Year (‘‘Sunset’’)                                                                                        1, 2015 and December 31, 2015
                                                                                                                Notice of Scope Rulings
                                                  Reviews provides further information
                                                  regarding what is required of all parties                     AGENCY:  Enforcement and Compliance,                          People’s Republic of China
                                                  to participate in Sunset Reviews.                             International Trade Administration,                           A–570–967 and C–570–968: Aluminum
                                                     Pursuant to 19 CFR 351.103(c), the                         Department of Commerce.                                       Extrusions From the People’s Republic
                                                  Department will maintain and make                             DATES:   Effective October 7, 2016.                           of China
                                                  available a service list for these                            SUMMARY:     The Department of Commerce                         Requestor: Agilent Technologies, Inc.;
                                                  proceedings. To facilitate the timely                         (‘‘Department’’) hereby publishes a list                      Agilent’s KF 16 Hose Adapter consists
                                                  preparation of the service list(s), it is                     of scope rulings and anticircumvention                        entirely of extruded aluminum.
                                                  requested that those seeking recognition                      determinations made between October                           Therefore, it does not meet the
                                                  as interested parties to a proceeding                         1, 2015, and December 31, 2015,                               definition of ‘‘finished merchandise’’
                                                  contact the Department in writing                             inclusive. We intend to publish future                        and is within the scope of the
                                                  within 10 days of the publication of the                      lists after the close of the next calendar                    antidumping and countervailing duty
                                                  Notice of Initiation.                                         quarter.                                                      orders; October 27, 2015.
                                                     Please note that if the Department                         FOR FURTHER INFORMATION CONTACT:                              A–570–967 and C–570–968: Aluminum
                                                  receives a Notice of Intent to Participate                    Brenda E. Waters, AD/CVD Operations,                          Extrusions From the People’s Republic
                                                  from a member of the domestic industry                        Customs Liaison Unit, Enforcement and                         of China
                                                  within 15 days of the date of initiation,                     Compliance, International Trade
                                                                                                                Administration, U.S. Department of                              Requestor: Clam Corporation;
                                                  the review will continue. Thereafter,
                                                                                                                Commerce, 14th Street and Constitution                        aluminum spreader poles which may be
                                                  any interested party wishing to
                                                                                                                Avenue NW., Washington, DC 20230;                             used to support and stabilize the frames
                                                  participate in the Sunset Review must                                                                                       of various ice fishing shelters are
                                                  provide substantive comments in                               telephone: 202–482–4735.
                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                              outside the scope of the antidumping
                                                  response to the notice of initiation no                                                                                     and countervailing duty orders; October
                                                  later than 30 days after the date of                          Background                                                    28, 2015.
                                                  initiation.
                                                                                                                  The Department’s regulations provide                        A–570–967 and C–570–968: Aluminum
                                                     This notice is not required by statute                     that the Secretary will publish in the                        Extrusions From the People’s Republic
                                                  but is published as a service to the                          Federal Register a list of scope rulings                      of China
                                                  international trading community.                              on a quarterly basis.1 Our most recent
                                                                                                                notification of scope rulings was                                Requestor: Carrand Companies Inc.;
                                                    Dated: September 22, 2016.
                                                                                                                published on March 17, 2016.2 This                            wash poles that include two (2)
                                                  Christian Marsh,                                                                                                            aluminum poles of differing
                                                                                                                current notice covers all scope rulings
                                                  Deputy Assistant Secretary for Antidumping                                                                                  dimensions, a two-part polypropylene
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                and anticircumvention determinations
                                                  and Countervailing Duty Operations.                                                                                         locking collar, foam comfort grips, a
                                                                                                                made by Enforcement and Compliance
                                                  [FR Doc. 2016–24371 Filed 10–6–16; 8:45 am]
                                                                                                                between October 1, 2015, and December                         threaded polypropylene end for
                                                  BILLING CODE 3510–DS–P                                        31, 2015, inclusive. Subsequent lists                         attachment of a garden hose, and a
                                                                                                                                                                              locking head mechanism or threaded tip
                                                                                                                  1 See19 CFR 351.225(o).                                     (made of plastic or metal) that allows
                                                                                                                  2 SeeNotice of Scope Rulings, 81 FR 14421                   the Telescoping Wash Poles to be used
                                                                                                                (March 17, 2016).                                             with a variety of attachments are outside


                                             VerDate Sep<11>2014     17:36 Oct 06, 2016    Jkt 241001   PO 00000     Frm 00007     Fmt 4703    Sfmt 4703    E:\FR\FM\07OCN1.SGM       07OCN1


                                                                                 Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices                                           69785

                                                  the scope of the antidumping and                        A–570–967 and C–570–968: Aluminum                     Fluorescent Brighter 351; P&G’s Aako
                                                  countervailing duty orders; November 4,                 Extrusions From the People’s Republic                 FB–71C meets the exclusion language of
                                                  2015.                                                   of China                                              the Order, and P&G’s Fluorescent
                                                                                                            Requestor: Bridging China                           Brighter 351 is not covered by the Order
                                                  A–570–967 and C–570–968: Aluminum
                                                                                                          International Ltd.; telescoping pool                  as it is not a triazinylaminostilbene or
                                                  Extrusions From the People’s Republic
                                                                                                          poles comprising extruded aluminum                    a derivative chemical; October 16, 2015.
                                                  of China
                                                                                                          tubing with non-aluminum components                   A–570–010 and C–570–011: Crystalline
                                                    Requestor: Immediate Response                         are ‘‘finished merchandise’’ outside the              Silicon Photovoltaic Products From the
                                                  Technology; IRT Scissor Strut, IRT                      scope of the antidumping and                          People’s Republic of China
                                                  Scissor Strut—29’’ Tube with Holes, and                 countervailing duty orders; December
                                                  IRT Scissor Strut—29’’ Tube without                     28, 2015.                                               Requestor: Aireko Construction, LLC;
                                                  Holes products are within the scope of                                                                        solar modules assembled in the People’s
                                                  the antidumping and countervailing                      A–570–018 and C–570–019: Boltless                     Republic of China using solar cells
                                                  duty orders; November 18, 2015.                         Steel Shelving Units Prepackaged for                  produced in the United States are
                                                                                                          Sale From the People’s Republic of                    within the scope of the antidumping
                                                  A–570–967 and C–570–968: Aluminum                       China                                                 duty orders because the scope of these
                                                  Extrusions From the People’s Republic                                                                         orders explicitly includes solar modules
                                                                                                            Requestor: Rankam VDG Industries
                                                  of China                                                                                                      assembled in the People’s Republic of
                                                                                                          Ltd. and Rankam (China) Manufacturing
                                                     Requestor: Dometic Corporation;                      Co. Ltd. (collectively, ‘‘Rankam’’);                  China consisting of solar cells produced
                                                  lateral arm assemblies for supporting                   Rankam’s four bolted steel shelving                   in a third-country; November 12, 2015.
                                                  recreational vehicle awnings are                        units are outside the scope of the orders             A–570–970: Multilayered Wood
                                                  ‘‘finished merchandise’’ and are outside                because the shelving units require bolts              Flooring From the People’s Republic of
                                                  the scope of the antidumping duty and                   to assemble and hold the units upright                China
                                                  countervailing duty orders; November                    in a fixed, weight-loading position;
                                                  23, 2015.                                               December 3, 2015.                                        Requestor: Jiangsu Keri Wood Co.,
                                                                                                                                                                Ltd.; Product—two-layer engineered
                                                  A–5A–570–967 and C–570–968:                             A–570–018 and C–570–019: Boltless                     wood flooring; Keri’s two-layer wood
                                                  Aluminum Extrusions From the                            Steel Shelving Units Prepackaged for                  flooring is not within the scope because
                                                  People’s Republic of China                              Sale From the People’s Republic of                    it lacks the requisite ‘‘two or more layers
                                                                                                          China                                                 of plies of wood veneer in combination
                                                    Requestor: Delphi Tube and Block
                                                  Assemblies; aluminum tube and block                        Requestor: ACCO Brands USA LLC                     with a core’’; October 16, 2015.
                                                  assemblies for automotive heating and                   (‘‘ACCO’’); ACCO’s locker shelves are                 A–570–970: Multilayered Wood
                                                  cooling systems consist entirely of                     outside the scope of the orders because               Flooring From the People’s Republic of
                                                  extruded aluminum. Therefore, they do                   the decking is necessary for the                      China
                                                  not meet the definition of ‘‘finished                   structural integrity of the unit;
                                                                                                          December 10, 2015.                                       Requestor: Zhejiang Fuma Warm
                                                  merchandise’’ and are within the scope                                                                        Technology Co., Ltd.; Product—two-
                                                  of the antidumping and countervailing                   A–570–901: Certain Lined Paper                        layer engineered wood flooring; Fuma’s
                                                  duty orders; November 24, 2015.                         Products From the People’s Republic of                two-layer wood flooring is not within
                                                  A–570–967 and C–570–968: Aluminum                       China                                                 the scope because it lacks the requisite
                                                  Extrusions From the People’s Republic                      Requestor: DaySpring Cards, Inc.; the              ‘‘two or more layers of plies of wood
                                                  of China                                                ‘‘Live Beautifully’’ journal, a 10 inch by            veneer in combination with a core’’;
                                                                                                          7.5 inch journal that contains                        October 16, 2015.
                                                    Requestor: Poolmaster, Inc.;                          approximately 160 pages, is pre-printed
                                                  Poolmaster’s telescoping aluminum                                                                             A–570–886: Polyethylene Retail Carrier
                                                                                                          with horizontal lines, contains                       Bags From the People’s Republic of
                                                  poles, aluminum skimmers, aluminum                      inspirational quotes on each page, and
                                                  rakes and life hook are ‘‘finished                                                                            China
                                                                                                          whose cover is affixed to a text block
                                                  merchandise’’ and are outside the scope                 made from a binders board and spine                      Requestor: Grand A International
                                                  of the antidumping and countervailing                   strip is outside the scope because it                 Company, Inc.; Certain bags identified
                                                  duty orders. Poolmaster’s aluminum leaf                 meets the exclusion criteria for printed              as ‘‘Green T-Shirt Bags Reusable’’ are
                                                  skimmer kits, pool vacuums, spa                         books and other books that are case                   within the scope of the antidumping
                                                  vacuums and telescopic pole with brush                  bound through the inclusion of binders                duty order on polyethylene carrier bags
                                                  are ‘‘finished goods kits’’ and are                     board, a spine strip, and cover wrap;                 from the People’s Republic of China;
                                                  outside the scope of the antidumping                    November 18, 2015.                                    December 16, 2015.
                                                  and countervailing duty orders;
                                                  November 24, 2015.                                      A–570–504: Certain Petroleum Wax                      A–570–928: Uncovered Innerspring
                                                                                                          Candles From the People’s Republic of                 Units From the People’s Republic of
                                                  A–570–967 and C–570–968: Aluminum                       China                                                 China
                                                  Extrusions From the People’s Republic
                                                  of China                                                   Requestor: PriceSmart, Inc.                           Requestor: Leggett & Platt
                                                                                                          (‘‘PriceSmart’’); PriceSmart’s LED                    Incorporated; exports to the United
                                                     Requestor: Liberty Hardware                          candles are outside the scope of the                  States of uncovered innerspring units
                                                  Manufacturing Co.; shower door kits                                                                           completed and assembled in Malaysia
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                          order because they have plastic wicks;
                                                  including extruded aluminum frames                      October 9, 2015.                                      by Goldon Manufacturing Sdn. Bhd.
                                                  and tracks, glass door panels, and                                                                            from PRC-origin innerspring
                                                  assorted non-aluminum parts are                         A–570–972: Certain Stilbenic Optical                  components are circumventing the
                                                  ‘‘finished goods kits’’ and are outside                 Brightening Agents From the People’s                  antidumping duty order; November 30,
                                                  the scope of the antidumping and                        Republic China                                        2015.
                                                  countervailing duty orders; December 9,                   Requestor: Procter & Gamble;                           Interested parties are invited to
                                                  2015.                                                   Products—Aako FB–71C and                              comment on the completeness of this


                                             VerDate Sep<11>2014   17:36 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00008   Fmt 4703   Sfmt 4703   E:\FR\FM\07OCN1.SGM   07OCN1


                                                  69786                          Federal Register / Vol. 81, No. 195 / Friday, October 7, 2016 / Notices

                                                  list of completed scope and                             Scope of the Investigation                            Industry Co., Ltd.3 For a full description
                                                  anticircumvention inquiries. Any                                                                              of the methodology and the results of
                                                  comments should be submitted to the                       The product subject to this                         our analysis, see the Preliminary
                                                  Deputy Assistant Secretary for AD/CVD                   investigation is 1,1,1,2-                             Decision Memorandum.
                                                  Operations, Enforcement and                             Tetrafluoroethane, R-134a. For a full
                                                  Compliance, International Trade                         description of the scope of this                      Use of Adverse Facts Available
                                                  Administration, 14th Street and                         investigation, see the ‘‘Scope of the
                                                                                                          Investigation,’’ in Appendix I.                          The Department preliminarily finds
                                                  Constitution Avenue NW., APO/Dockets                                                                          that the PRC-wide entity, which
                                                  Unit, Room 1870, Washington, DC                         Methodology                                           includes certain PRC exporters and/or
                                                  20230.                                                                                                        producers that did not respond to the
                                                     This notice is published in                             The Department is conducting this                  Department’s requests for information,
                                                  accordance with 19 CFR 351.225(o).                      investigation in accordance with section              withheld information requested by the
                                                    Dated: September 22, 2016.                            731 of the Tariff Act of 1930, as                     Department and significantly impeded
                                                  Christian Marsh,                                        amended (‘‘the Act’’). We calculated                  this proceeding by not submitting
                                                                                                          export prices in accordance with section              requested information. Specifically, 26
                                                  Deputy Assistant Secretary for Antidumping
                                                  and Countervailing Duty Operations.                     772 of the Act. Because the PRC is a                  companies within the PRC-wide entity
                                                                                                          non-market economy within the                         failed to respond to the Department’s
                                                  [FR Doc. 2016–24357 Filed 10–6–16; 8:45 am]
                                                                                                          meaning of section 771(18) of the Act,                request for quantity and value (‘‘Q&V’’)
                                                  BILLING CODE 3510–DS–P
                                                                                                          normal value (‘‘NV’’) was calculated in               information.4 Furthermore, the
                                                                                                          accordance with section 773(c) of the                 Department finds that the PRC-wide
                                                  DEPARTMENT OF COMMERCE                                  Act.                                                  entity’s lack of participation, including
                                                                                                             For a full description of the                      the failure of certain parts of the PRC-
                                                  International Trade Administration                      methodology underlying our                            wide entity to submit Q&V information,
                                                                                                          conclusions, see the Preliminary                      constitutes circumstances under which
                                                  [A–570–044]                                             Decision Memorandum hereby adopted                    it is reasonable to conclude that the
                                                                                                          by this notice.1 The Preliminary                      PRC-wide entity as a whole failed to
                                                  1,1,1,2-Tetrafluoroethane (R-134a)                      Decision Memorandum is a public                       cooperate to the best of its ability to
                                                  From the People’s Republic of China:                    document and is on file electronically                comply with the Department’s request
                                                  Preliminary Determination of Sales at                   via Enforcement and Compliance’s                      for information.5
                                                  Less-Than-Fair Value and Affirmative                    Antidumping and Countervailing Duty                      Therefore, we preliminarily find that
                                                  Determination of Critical                               Centralized Electronic Service System                 an adverse inference is warranted in
                                                  Circumstances, in Part, and                             (‘‘ACCESS’’). ACCESS is available to                  selecting from among the facts
                                                  Postponement of Final Determination                     registered users at https://                          otherwise available with respect to the
                                                                                                          access.trade.gov, and is available to all             PRC-wide entity in accordance with
                                                  AGENCY:    Enforcement and Compliance,                  parties in the Central Records Unit,
                                                  International Trade Administration,                                                                           sections 776(a) and 776(b) of the Act
                                                                                                          Room B8024 of the main Department of                  and 19 CFR 351.308(a). As adverse facts
                                                  Department of Commerce.                                 Commerce building. In addition, a                     available, we have preliminarily
                                                  DATES: Effective October 7, 2016.                       complete version of the Preliminary                   assigned the PRC-wide entity a rate of
                                                  SUMMARY: The Department of Commerce                     Decision Memorandum can be accessed                   187.71 percent. Further, with respect to
                                                  (‘‘Department’’) preliminarily                          at http://enforcement.trade.gov/frn/.                 critical circumstances, we have
                                                  determines that 1,1,1,2-                                The signed Preliminary Decision                       preliminarily determined, again, based
                                                  Tetrafluoroethane (‘‘R-134a’’) from the                 Memorandum and the electronic                         on adverse facts available, that the PRC-
                                                  People’s Republic of China (‘‘PRC’’) is                 version of the Preliminary Decision                   wide entity dumped ‘‘massive imports’’
                                                  being, or is likely to be, sold in the                  Memorandum are identical in content.                  over a ‘‘relatively short period.’’ For
                                                  United States at less than fair value                                                                         further explanation and analysis, see the
                                                  (‘‘LTFV’’). The period of investigation                 Preliminary Affirmative Determination
                                                                                                          of Critical Circumstances                             Preliminary Decision Memorandum.
                                                  (‘‘POI’’) is July 1, 2015, through
                                                  December 31, 2015. The estimated                                                                              Combination Rates
                                                                                                             On September 9, 2016, Petitioners
                                                  margins of sales at LTFV are shown in                   filed a timely critical circumstances
                                                  the ‘‘Preliminary Determination’’                                                                               In the Initiation Notice,6 the
                                                                                                          allegation pursuant to section 733(e)(1)              Department stated that it would
                                                  section of this notice. The final                       of the Act and 19 CFR 351.206 with
                                                  determination will be issued 75 days                                                                          calculate combination rates for the
                                                                                                          respect to imports of the subject                     respondents that are eligible for a
                                                  after publication of this preliminary                   merchandise.2 We preliminarily
                                                  determination in the Federal Register.                  determine that critical circumstances                    3 See Preliminary Decision Memorandum at
                                                  Interested parties are invited to                       exist for the non-selected separate rate              ‘‘Application of Facts Available and Adverse
                                                  comment on this preliminary                             respondents and the PRC-wide entity,                  Inferences.’’
                                                  determination.                                          but do not exist for the mandatory                       4 Id.
                                                                                                                                                                   5 See Nippon Steel Corporation v. United States,
                                                  FOR FURTHER INFORMATION CONTACT:                        respondent, Zhejiang Sanmei Chemical
                                                                                                                                                                337 F.3d 1373, 1383 (Fed. Cir. 2003) (noting that the
                                                  Keith Haynes or Paul Stolz, AD/CVD                                                                            Department need not show intentional conduct
                                                  Operations, Office V, Enforcement and                      1 See ‘‘Decision Memorandum for Preliminary        existed on the part of the respondent, but merely
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Compliance, International Trade                         Determination for the Antidumping Duty                that a ‘‘failure to cooperate to the best of a
                                                                                                          Investigation of 1,1,1,2-Tetrafluoroethane (R-134a)   respondent’s ability’’ existed (i.e., information was
                                                  Administration, U.S. Department of                      from the People’s Republic of China,’’ dated          not provided ‘‘under circumstances in which it is
                                                  Commerce, 14th Street and Constitution                  concurrently with this notice (‘‘Preliminary          reasonable to conclude that less than full
                                                  Avenue NW., Washington, DC 20230;                       Decision Memorandum’’).                               cooperation has been shown.’’)).
                                                  telephone: (202) 482–5139 or, (202)                        2 See Petitioners’ letter, ‘‘1.1.1.2                  6 See 1,1,1,2-Tetrafluoroethane (R–134a) from the

                                                  482–4474 respectively.                                  Tetrafluoroethane (R-134a) from the People’s          People’s Republic of China: Initiation of Less-Than-
                                                                                                          Republic of China: Critical Circumstances             Fair-Value Investigation, 81 FR 18830 (April 1,
                                                  SUPPLEMENTARY INFORMATION:                              Allegation,’’ dated September 9, 2016.                2016) (‘‘Initiation Notice’’).



                                             VerDate Sep<11>2014   17:36 Oct 06, 2016   Jkt 241001   PO 00000   Frm 00009   Fmt 4703   Sfmt 4703   E:\FR\FM\07OCN1.SGM   07OCN1



Document Created: 2018-02-13 16:31:42
Document Modified: 2018-02-13 16:31:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective October 7, 2016.
ContactBrenda E. Waters, AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4735.
FR Citation81 FR 69784 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR