81_FR_8944 81 FR 8909 - Certain Amorphous Silica Fabric From the People's Republic of China: Initiation of Countervailing Duty Investigation

81 FR 8909 - Certain Amorphous Silica Fabric From the People's Republic of China: Initiation of Countervailing Duty Investigation

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8909-8913
FR Document2016-03751

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016) 
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8909-8913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03751]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-039]


Certain Amorphous Silica Fabric From the People's Republic of 
China: Initiation of Countervailing Duty Investigation

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

DATES: Effective Date: February 16, 2016.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813, John 
Corrigan at (202) 482-7438, and Emily Maloof at (202) 482-5649, AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petition

    On January 20, 2016, the Department of Commerce (Department) 
received a countervailing duty (CVD) petition concerning imports of 
certain amorphous silica fabric (silica fabric) from the People's 
Republic of China (the PRC), filed in proper form on behalf of Auburn 
Manufacturing, Inc. (Petitioner). The CVD petition was accompanied by 
an antidumping duty (AD) petition, also concerning imports of amorphous 
silica fabric from the PRC.\1\ Petitioner is a domestic producer of 
amorphous silica fabric.\2\
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    \1\ See ``Petition for the Imposition of Antidumping and 
Countervailing Duties on Imports of Certain Amorphous Silica Fabric 
from the People's Republic of China,'' dated January 20, 2016 
(Petitions).
    \2\ See Volume I of the Petitions, at 2, and Exhibit I-1.
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    On January 28, 2016, the Department requested information and 
clarification for certain areas of the Petition.\3\ Petitioner filed 
its response to this request on February 1, 2016.\4\ On January 27, 
2016, the Department determined to toll all deadlines four business 
days as a result of the Federal Government closure during snowstorm 
``Jonas,'' which is applicable to this initiation.\5\
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    \3\ See letter from the Department, ``Petitions for the 
Imposition of Antidumping and Countervailing Duties on Imports of 
Certain Amorphous Silica Fabric from the People's Republic of China: 
Supplemental Questions,'' dated January 27, 2016.
    \4\ See letter from Petitioners, ``Certain Amorphous Silica 
Fabric from the People's Republic of China: Amendment to Volume I of 
the Petition,'' dated February 1, 2016.
    \5\ See Memorandum for the Record from Ron Lorentzen, Acting 
Assistant Secretary for Enforcement and Compliance, ``Tolling of 
Administrative Deadlines as a Result of the Government Closure 
during Snowstorm `Jonas,' '' (January 27, 2016).
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    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioner alleges that the Government of the PRC 
(GOC) is providing countervailable subsidies (within the meaning of 
sections 701 and 771(5) of the Act) with respect to imports of 
amorphous silica fabric from the PRC, and that imports of amorphous 
silica fabric from the PRC are materially injuring, and threaten 
material injury to, the domestic industry producing amorphous silica 
fabric in the United States. Also, consistent with section 702(b)(1) of 
the Act, for those alleged programs on which we have initiated a CVD 
investigation, the Petition is accompanied by information reasonably 
available to Petitioner supporting its allegations.
    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested parties as defined 
in section 771(9)(C) of the Act, and that Petitioner has demonstrated 
sufficient industry support with respect to the initiation of the 
investigation Petitioner is requesting.\6\
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    \6\ See ``Determination of Industry Support for the Petition'' 
below.
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Period of Investigation

    The period of the investigation is January 1, 2015, through 
December 31, 2015.\7\
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    \7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by this investigation is amorphous silica 
fabric from the PRC. For a full description of the scope of this 
investigation, see ``Scope of Investigation'' at Appendix I of this 
notice.

Comments on Scope of the Investigation

    During our review of the Petition, the Department issued questions 
to, and received responses from, Petitioner pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\8\
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    \8\ See Memorandum to the File, ``Phone Call with Counsel to 
Petitioner,'' dated February 10, 2016; see also Letter from 
Petitioner to the Department, ``Certain Amorphous Silica Fabric from 
the People's Republic of China: Scope Clarification Letter,'' dated 
February 10, 2016; see also Memorandum to the File, ``Phone Call 
with Counsel to Petitioner,'' dated February 12, 2016.
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    As discussed in the preamble to the Department's regulations,\9\ we 
are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties, and if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information (see 19 CFR 351.102(b)(21)), all such factual information 
should be limited to public information. In order to facilitate 
preparation of its questionnaire, the Department requests all 
interested parties to submit such comments by 5:00 p.m. Eastern Time 
(ET) on Monday, March 7, 2016, which is 20 calendar

[[Page 8910]]

days from the signature date of this notice. Any rebuttal comments, 
which may include factual information, must be filed by 5:00 p.m. ET on 
Thursday, March 17, 2016, which is 10 calendar days after the initial 
comments deadline.
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    \9\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must be filed on the record of the concurrent AD 
investigation.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\10\ An electronically-
filed document must be received successfully in its entirety by the 
time and date it is due. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the applicable deadlines.
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    \10\ See 19 CFR 351.303 (for general filing requirements); 
Antidumping and Countervailing Duty Proceedings: Electronic Filing 
Procedures; Administrative Protective Order Procedures, 76 FR 39263 
(July 6, 2011), for details of the Department's electronic filing 
requirements, which went into effect on August 5, 2011. Information 
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOC of the receipt of the Petition. 
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the 
Department provided representatives of the GOC the opportunity for 
consultations with respect to the CVD petition.\11\ As the GOC did not 
request consultations prior to the initiation of this investigation, 
the Department and the GOC did not hold consultations.
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    \11\ See Letter of Invitation Regarding Countervailing Duty 
Petition Certain Amorphous Silica Fabric from the People's Republic 
of China, dated January 20, 2016.
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Determination of Industry Support for the Petition

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether ``the domestic industry'' has 
been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product,\12\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, the Department's 
determination is subject to limitations of time and information. 
Although this may result in different definitions of the like product, 
such differences do not render the decision of either agency contrary 
to law.\13\
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    \12\ See section 771(10) of the Act.
    \13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that silica fabric, as defined in the 
scope, constitutes a single domestic like product and we have analyzed 
industry support in terms of that domestic like product.\14\
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    \14\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Amorphous Silica Fabric from the People's 
Republic of China (PRC CVD Initiation Checklist), at Attachment II, 
Analysis of Industry Support for the Antidumping and Countervailing 
Duty Petitions Covering Certain Amorphous Silica Fabric from the 
People's Republic of China (Attachment II). This checklist is dated 
concurrently with this notice and on file electronically via ACCESS. 
Access to documents filed via ACCESS is also available in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    In determining whether Petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. To establish industry support, Petitioner provided its own 
production of the domestic like product in 2015, and conservatively 
compared this to the estimated total production of amorphous silica 
fabric (both industrial grade and aerospace grade) for the entire 
domestic industry.\15\ We have relied upon data Petitioner provided for 
purposes of measuring industry support.\16\
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    \15\ See Volume I of the Petition, at 4-6; see also General 
Issues Supplement, at 1-2 and Exhibit Supp. I-1.
    \16\ See PRC CVD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petition, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioner has established industry support.\17\ First, 
the Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, the Department is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\18\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section

[[Page 8911]]

702(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petition account for at least 25 percent of the total 
production of the domestic like product.\19\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 702(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petition account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petition.\20\ Accordingly, the Department determines that the 
Petition was filed on behalf of the domestic industry within the 
meaning of section 702(b)(1) of the Act.
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    \17\ Id.
    \18\ See section 702(c)(4)(D) of the Act; see also PRC CVD 
Initiation Checklist, at Attachment II.
    \19\ See PRC CVD Initiation Checklist, at Attachment II.
    \20\ Id.
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    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the CVD investigation that it is 
requesting the Department initiate.\21\
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    \21\ Id.
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Injury Test

    Because the PRC is a ``Subsidies Agreement Country'' within the 
meaning of section 701(b) of the Act, section 701(a)(2) of the Act 
applies to this investigation. Accordingly, the ITC must determine 
whether imports of the subject merchandise from the PRC materially 
injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threatening to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, Petitioner alleges 
that subject imports exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\22\
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    \22\ See Volume I of the Petition, at 37 and Exhibit I-12.
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    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price suppression 
or depression; lost sales and revenues; declines in domestic industry 
production, capacity utilization, and U.S. shipments; declines in 
financial performance; and declines in employment indicators.\23\ We 
have assessed the allegations and supporting evidence regarding 
material injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\24\
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    \23\ See Volume I of the Petition, at 22-25, 34-48, and Exhibits 
I-12--I-14 and I-15--I-26.
    \24\ See PRC CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Amorphous Silica Fabric from the People's Republic 
of China.
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Initiation of Countervailing Duty Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that: (1) Alleges elements necessary for an 
imposition of a duty under section 701(a) of the Act; and (2) is 
accompanied by information reasonably available to Petitioner 
supporting the allegations.
    Petitioner alleges that producers/exporters of certain amorphous 
silica fabric in the PRC benefit from countervailable subsidies 
bestowed by the GOC. The Department examined the Petition and finds 
that it complies with the requirements of section 702(b)(1) of the Act. 
Therefore, in accordance with section 702(b)(1) of the Act, we are 
initiating a CVD investigation to determine whether manufacturers, 
producers, or exporters of certain amorphous silica fabric from the PRC 
receive countervailable subsidies from the GOC and various authorities 
thereof.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\25\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\26\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to this CVD 
investigation.\27\
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    \25\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \26\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \27\ Id. at 46794-95.
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    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on all of the 19 
alleged programs in the PRC.\28\ For a full discussion of the basis for 
our decision to initiate or not initiate on each program, see the PRC 
CVD Initiation Checklist. A public version of the initiation checklist 
for this investigation is available on ACCESS.
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    \28\ Petitioner initially alleged 19 subsidy programs. See 
Volume III of the Petition, at 15-58.
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    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Petitioner named 81 companies as producers/exporters of amorphous 
silica fabric in the PRC.\29\ Following standard practice in CVD 
investigations, the Department will, where appropriate, select 
respondents based on U.S. Customs and Border Protection (``CBP'') data 
for U.S. imports of amorphous silica fabric during the period of 
investigation. For this investigation, the Department will release U.S. 
Customs and Border Protection (CBP) data for U.S. imports of subject 
merchandise during the period of investigation under the following 
Harmonized Tariff Schedule of the United States numbers: 7019.59.4021, 
7019.59.4096, 7019.59.9021, and 7019.59.9096. We intend to release the 
CBP data under Administrative Protective Order (APO) to all parties 
with access to information protected by APO within five business days 
of the announcement of this Federal Register notice. Interested parties 
must submit applications for disclosure under APO in accordance with 19 
CFR 351.305(b). Instructions for filing such applications may be found 
at http://enforcement.trade.gov/apo/.
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    \29\ See Volume I of the Petition at Exhibit I-11,
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    Interested parties may submit comments regarding the CBP data and 
respondent selection by 5:00 p.m. ET on the seventh calendar day after 
publication of this notice. Comments must be filed in accordance with 
the filing requirements stated above. If respondent selection is 
necessary, we intend to base our decision regarding respondent 
selection upon comments received from interested parties and our 
analysis of the record information within 20 days of publication of 
this notice.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR

[[Page 8912]]

351.202(f), a copy of the public version of the Petition has been 
provided to the GOC via ACCESS. To the extent practicable, we will 
attempt to provide a copy of the public version of the Petition to each 
known exporter (as named in the Petition), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of certain amorphous silica fabric from the PRC 
are materially injuring, or threatening material injury to, a U.S. 
industry.\30\ A negative ITC determination will result in the 
investigation being terminated; \31\ otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \30\ See section 703(a)(2) of the Act.
    \31\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). The regulation requires any 
party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\32\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\33\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
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    \32\ See section 782(b) of the Act.
    \33\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: February 16, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

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

[[Page 8913]]

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: (1) The amorphous silica fabric must 
contain a minimum of 98 percent silica (SiO2) by nominal 
weight; (2) the amorphous silica fabric must have an areal shrinkage 
of 4 percent or less; (3) the amorphous silica fabric must contain 
no coatings or treatments; and (4) the amorphous silica fabric must 
be white in color. For purposes of this scope, ``areal shrinkage'' 
refers to the extent to which a specimen of amorphous silica fabric 
shrinks while subjected to heating at 1800 degrees F for 30 minutes.
    Areal shrinkage is expressed as the following percentage:
    [GRAPHIC] [TIFF OMITTED] TN23FE16.000
    
    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. 2016-03751 Filed 2-22-16; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8909 affiliated with American Seafoods Corrigan at (202) 482–7438, and Emily 702(b)(1) of the Act, for those alleged Company LLC: American Seafoods Maloof at (202) 482–5649, AD/CVD programs on which we have initiated a Japan, Ltd.; AS Europe ApS; and Operations, Enforcement and CVD investigation, the Petition is American Seafoods China (Dalian) Ltd. Compliance, International Trade accompanied by information reasonably 3. Add as new Members six entities Administration, U.S. Department of available to Petitioner supporting its that are affiliated with the existing Commerce, 14th Street and Constitution allegations. Member Arctic Storm, Inc.: Arctic Storm Avenue NW., Washington, DC 20230. The Department finds that Petitioner International, Inc.; Arctic Fjord, Inc.; AF SUPPLEMENTARY INFORMATION: filed the Petition on behalf of the International, Inc.; Fjord Seafoods LLC; domestic industry because it is an Arctic Storm Management Group LLC; The Petition interested parties as defined in section and Fjord Fisheries General Partnership; On January 20, 2016, the Department 771(9)(C) of the Act, and that Petitioner 4. Replace the existing Member of Commerce (Department) received a has demonstrated sufficient industry Glacier Fish Company with Glacier Fish countervailing duty (CVD) petition support with respect to the initiation of Company LLC, and add as a new concerning imports of certain the investigation Petitioner is Member an affiliated company, ASM amorphous silica fabric (silica fabric) requesting.6 Export Co; and from the People’s Republic of China (the 5. Replace the existing Member The Period of Investigation PRC), filed in proper form on behalf of Starbound Limited Partnership with Auburn Manufacturing, Inc. (Petitioner). The period of the investigation is Starbound LLC, and add as new The CVD petition was accompanied by January 1, 2015, through December 31, Members affiliated companies, NWPI, an antidumping duty (AD) petition, also 2015.7 Inc, and Aleutian Spray Fisheries, Inc. concerning imports of amorphous silica Scope of the Investigation USSC’s Export Trade Certificate of fabric from the PRC.1 Petitioner is a The product covered by this Review Now Lists Following Entities as domestic producer of amorphous silica investigation is amorphous silica fabric Members Under the Amended fabric.2 from the PRC. For a full description of Certificate On January 28, 2016, the Department the scope of this investigation, see requested information and clarification 1. American Seafoods Company LLC ‘‘Scope of Investigation’’ at Appendix I 2. American Seafoods Japan, Ltd. for certain areas of the Petition.3 of this notice. 3. AS Europe ApS Petitioner filed its response to this 4. American Seafoods China (Dalian) request on February 1, 2016.4 On Comments on Scope of the Investigation Ltd. January 27, 2016, the Department During our review of the Petition, the 5. Arctic Storm, Inc. determined to toll all deadlines four Department issued questions to, and 6. Arctic Storm International, Inc. business days as a result of the Federal received responses from, Petitioner 7. Fjord Fisheries General Partnership Government closure during snowstorm pertaining to the proposed scope to 8. Arctic Fjord, Inc. ‘‘Jonas,’’ which is applicable to this ensure that the scope language in the 9. AF International, Inc. initiation.5 Petition would be an accurate reflection 10. Fjord Seafood LLC In accordance with section 702(b)(1) of the products for which the domestic 11. Arctic Storm Management Group of the Tariff Act of 1930, as amended industry is seeking relief.8 LLC (the Act), Petitioner alleges that the As discussed in the preamble to the 12. Glacier Fish Company, LLC Government of the PRC (GOC) is Department’s regulations,9 we are 13. ASM Export Co. providing countervailable subsidies setting aside a period for interested 14. Starbound LLC (within the meaning of sections 701 and 15. Aleutian Spray Fisheries, Inc. parties to raise issues regarding product 771(5) of the Act) with respect to coverage (i.e., scope). The Department 16. NWPI, Inc. imports of amorphous silica fabric from will consider all comments received Dated: February 17, 2016. the PRC, and that imports of amorphous from interested parties, and if necessary, Joseph E. Flynn, silica fabric from the PRC are materially will consult with interested parties prior Director, Office of Trade and Economic injuring, and threaten material injury to, to the issuance of the preliminary Analysis. the domestic industry producing determination. If scope comments [FR Doc. 2016–03742 Filed 2–22–16; 8:45 am] amorphous silica fabric in the United include factual information (see 19 CFR BILLING CODE 3510–DR–P States. Also, consistent with section 351.102(b)(21)), all such factual information should be limited to public 1 See ‘‘Petition for the Imposition of Antidumping and Countervailing Duties on Imports of Certain information. In order to facilitate DEPARTMENT OF COMMERCE preparation of its questionnaire, the Amorphous Silica Fabric from the People’s Republic of China,’’ dated January 20, 2016 Department requests all interested International Trade Administration (Petitions). parties to submit such comments by 2 See Volume I of the Petitions, at 2, and Exhibit [C–570–039] 5:00 p.m. Eastern Time (ET) on Monday, I–1. 3 See letter from the Department, ‘‘Petitions for March 7, 2016, which is 20 calendar Certain Amorphous Silica Fabric From the Imposition of Antidumping and Countervailing the People’s Republic of China: Duties on Imports of Certain Amorphous Silica 6 See ‘‘Determination of Industry Support for the Initiation of Countervailing Duty Fabric from the People’s Republic of China: Petition’’ below. Investigation Supplemental Questions,’’ dated January 27, 2016. 7 See 19 CFR 351.204(b)(2). 4 See letter from Petitioners, ‘‘Certain Amorphous 8 See Memorandum to the File, ‘‘Phone Call with mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Enforcement and Compliance, Silica Fabric from the People’s Republic of China: Counsel to Petitioner,’’ dated February 10, 2016; see International Trade Administration, Amendment to Volume I of the Petition,’’ dated also Letter from Petitioner to the Department, February 1, 2016. ‘‘Certain Amorphous Silica Fabric from the People’s Department of Commerce. 5 See Memorandum for the Record from Ron Republic of China: Scope Clarification Letter,’’ DATES: Effective Date: February 16, Lorentzen, Acting Assistant Secretary for dated February 10, 2016; see also Memorandum to 2016. Enforcement and Compliance, ‘‘Tolling of the File, ‘‘Phone Call with Counsel to Petitioner,’’ Administrative Deadlines as a Result of the dated February 12, 2016. FOR FURTHER INFORMATION CONTACT: Government Closure during Snowstorm ‘Jonas,’ ’’ 9 See Antidumping Duties; Countervailing Duties; Yasmin Bordas at (202) 482–3813, John (January 27, 2016). Final Rule, 62 FR 27296, 27323 (May 19, 1997). VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

8910 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices days from the signature date of this Determination of Industry Support for ‘‘the article subject to an investigation’’ notice. Any rebuttal comments, which the Petition (i.e., the class or kind of merchandise to may include factual information, must Section 702(b)(1) of the Act requires be investigated, which normally will be be filed by 5:00 p.m. ET on Thursday, that a petition be filed on behalf of the the scope as defined in the Petition). March 17, 2016, which is 10 calendar domestic industry. Section 702(c)(4)(A) With regard to the domestic like days after the initial comments of the Act provides that a petition meets product, Petitioner does not offer a deadline. this requirement if the domestic definition of the domestic like product producers or workers who support the distinct from the scope of the The Department requests that any petition account for: (i) At least 25 investigation. Based on our analysis of factual information the parties consider percent of the total production of the the information submitted on the relevant to the scope of the investigation domestic like product; and (ii) more record, we have determined that silica be submitted during this time period. than 50 percent of the production of the fabric, as defined in the scope, However, if a party subsequently finds domestic like product produced by that constitutes a single domestic like that additional factual information portion of the industry expressing product and we have analyzed industry pertaining to the scope of the support for, or opposition to, the support in terms of that domestic like investigation may be relevant, the party petition. Moreover, section 702(c)(4)(D) product.14 may contact the Department and request In determining whether Petitioner has permission to submit the additional of the Act provides that, if the petition standing under section 702(c)(4)(A) of information. All such comments must does not establish support of domestic the Act, we considered the industry be filed on the record of the concurrent producers or workers accounting for support data contained in the Petition AD investigation. more than 50 percent of the total with reference to the domestic like production of the domestic like product, Filing Requirements product as defined in the ‘‘Scope of the the Department shall: (i) Poll the Investigation,’’ in Appendix I of this All submissions to the Department industry or rely on other information in notice. To establish industry support, must be filed electronically using order to determine if there is support for Petitioner provided its own production Enforcement and Compliance’s the petition, as required by of the domestic like product in 2015, Antidumping and Countervailing Duty subparagraph (A); or (ii) determine and conservatively compared this to the Centralized Electronic Service System industry support using a statistically estimated total production of (ACCESS).10 An electronically-filed valid sampling method to poll the amorphous silica fabric (both industrial ‘‘industry.’’ document must be received successfully grade and aerospace grade) for the entire Section 771(4)(A) of the Act defines in its entirety by the time and date it is domestic industry.15 We have relied the ‘‘industry’’ as the producers as a due. Documents excepted from the upon data Petitioner provided for whole of a domestic like product. Thus, electronic submission requirements purposes of measuring industry to determine whether a petition has the must be filed manually (i.e., in paper support.16 requisite industry support, the statute Our review of the data provided in the form) with Enforcement and directs the Department to look to Petition, General Issues Supplement, Compliance’s APO/Dockets Unit, Room producers and workers who produce the and other information readily available 18022, U.S. Department of Commerce, domestic like product. The International to the Department indicates that 14th Street and Constitution Avenue Trade Commission (ITC), which is Petitioner has established industry NW., Washington, DC 20230, and responsible for determining whether support.17 First, the Petition established stamped with the date and time of ‘‘the domestic industry’’ has been support from domestic producers (or receipt by the applicable deadlines. injured, must also determine what workers) accounting for more than 50 Consultations constitutes a domestic like product in percent of the total production of the order to define the industry. While both domestic like product and, as such, the Pursuant to section 702(b)(4)(A)(i) of the Department and the ITC must apply the Act, the Department notified Department is not required to take the same statutory definition regarding further action in order to evaluate representatives of the GOC of the receipt the domestic like product,12 they do so industry support (e.g., polling).18 of the Petition. Also, in accordance with for different purposes and pursuant to a Second, the domestic producers (or section 702(b)(4)(A)(ii) of the Act, the separate and distinct authority. In workers) have met the statutory criteria Department provided representatives of addition, the Department’s for industry support under section the GOC the opportunity for determination is subject to limitations of consultations with respect to the CVD time and information. Although this 14 For a discussion of the domestic like product petition.11 As the GOC did not request may result in different definitions of the analysis in this case, see Countervailing Duty consultations prior to the initiation of like product, such differences do not Investigation Initiation Checklist: Certain this investigation, the Department and Amorphous Silica Fabric from the People’s render the decision of either agency Republic of China (PRC CVD Initiation Checklist), the GOC did not hold consultations. contrary to law.13 at Attachment II, Analysis of Industry Support for Section 771(10) of the Act defines the the Antidumping and Countervailing Duty Petitions 10 See 19 CFR 351.303 (for general filing domestic like product as ‘‘a product Covering Certain Amorphous Silica Fabric from the requirements); Antidumping and Countervailing People’s Republic of China (Attachment II). This which is like, or in the absence of like, checklist is dated concurrently with this notice and Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR most similar in characteristics and uses on file electronically via ACCESS. Access to 39263 (July 6, 2011), for details of the Department’s with, the article subject to an documents filed via ACCESS is also available in the electronic filing requirements, which went into investigation under this title.’’ Thus, the Central Records Unit, Room B8024 of the main mstockstill on DSK4VPTVN1PROD with NOTICES effect on August 5, 2011. Information on help using Department of Commerce building. reference point from which the 15 See Volume I of the Petition, at 4–6; see also ACCESS can be found at https://access.trade.gov/ help.aspx and a handbook can be found at https:// domestic like product analysis begins is General Issues Supplement, at 1–2 and Exhibit access.trade.gov/help/Handbook%20on%20 Supp. I–1. 16 See PRC CVD Initiation Checklist, at Electronic%20Filling%20Procedures.pdf. 12 See section 771(10) of the Act. 11 See Letter of Invitation Regarding 13 See USEC, Inc. v. United States, 132 F. Supp. Attachment II. 17 Id. Countervailing Duty Petition Certain Amorphous 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. Silica Fabric from the People’s Republic of China, v. United States, 688 F. Supp. 639, 644 (CIT 1988), 18 See section 702(c)(4)(D) of the Act; see also dated January 20, 2016. aff’d 865 F.2d 240 (Fed. Cir. 1989)). PRC CVD Initiation Checklist, at Attachment II. 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Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8911 702(c)(4)(A)(i) of the Act because the We have assessed the allegations and Based on our review of the petition, domestic producers (or workers) who supporting evidence regarding material we find that there is sufficient support the Petition account for at least injury, threat of material injury, and information to initiate a CVD 25 percent of the total production of the causation, and we have determined that investigation on all of the 19 alleged domestic like product.19 Finally, the these allegations are properly supported programs in the PRC.28 For a full domestic producers (or workers) have by adequate evidence and meet the discussion of the basis for our decision met the statutory criteria for industry statutory requirements for initiation.24 to initiate or not initiate on each support under section 702(c)(4)(A)(ii) of program, see the PRC CVD Initiation the Act because the domestic producers Initiation of Countervailing Duty Checklist. A public version of the (or workers) who support the Petition Investigation initiation checklist for this investigation account for more than 50 percent of the Section 702(b)(1) of the Act requires is available on ACCESS. production of the domestic like product the Department to initiate a CVD In accordance with section 703(b)(1) produced by that portion of the industry investigation whenever an interested of the Act and 19 CFR 351.205(b)(1), expressing support for, or opposition to, party files a CVD petition on behalf of unless postponed, we will make our the Petition.20 Accordingly, the an industry that: (1) Alleges elements preliminary determination no later than Department determines that the Petition necessary for an imposition of a duty 65 days after the date of this initiation. was filed on behalf of the domestic under section 701(a) of the Act; and (2) industry within the meaning of section Respondent Selection is accompanied by information 702(b)(1) of the Act. reasonably available to Petitioner Petitioner named 81 companies as The Department finds that Petitioner supporting the allegations. producers/exporters of amorphous silica filed the Petition on behalf of the Petitioner alleges that producers/ fabric in the PRC.29 Following standard domestic industry because it is an exporters of certain amorphous silica practice in CVD investigations, the interested party as defined in section fabric in the PRC benefit from Department will, where appropriate, 771(9)(C) of the Act and it has countervailable subsidies bestowed by select respondents based on U.S. demonstrated sufficient industry the GOC. The Department examined the Customs and Border Protection (‘‘CBP’’) support with respect to the CVD Petition and finds that it complies with data for U.S. imports of amorphous investigation that it is requesting the the requirements of section 702(b)(1) of silica fabric during the period of Department initiate.21 the Act. Therefore, in accordance with investigation. For this investigation, the Injury Test section 702(b)(1) of the Act, we are Department will release U.S. Customs initiating a CVD investigation to and Border Protection (CBP) data for Because the PRC is a ‘‘Subsidies determine whether manufacturers, U.S. imports of subject merchandise Agreement Country’’ within the producers, or exporters of certain during the period of investigation under meaning of section 701(b) of the Act, amorphous silica fabric from the PRC the following Harmonized Tariff section 701(a)(2) of the Act applies to receive countervailable subsidies from Schedule of the United States numbers: this investigation. Accordingly, the ITC the GOC and various authorities thereof. 7019.59.4021, 7019.59.4096, must determine whether imports of the On June 29, 2015, the President of the 7019.59.9021, and 7019.59.9096. We subject merchandise from the PRC United States signed into law the Trade intend to release the CBP data under materially injure, or threaten material Preferences Extension Act of 2015, Administrative Protective Order (APO) injury to, a U.S. industry. which made numerous amendments to to all parties with access to information Allegations and Evidence of Material the AD and CVD law.25 The 2015 law protected by APO within five business Injury and Causation does not specify dates of application for days of the announcement of this those amendments. On August 6, 2015, Federal Register notice. Interested Petitioner alleges that imports of the parties must submit applications for subject merchandise are benefitting the Department published an interpretative rule, in which it disclosure under APO in accordance from countervailable subsidies and that with 19 CFR 351.305(b). Instructions for such imports are causing, or threatening announced the applicability dates for each amendment to the Act, except for filing such applications may be found at to cause, material injury to the U.S. http://enforcement.trade.gov/apo/. industry producing the domestic like amendments contained in section 771(7) of the Act, which relate to Interested parties may submit product. In addition, Petitioner alleges comments regarding the CBP data and that subject imports exceed the determinations of material injury by the ITC.26 The amendments to sections 776 respondent selection by 5:00 p.m. ET on negligibility threshold provided for the seventh calendar day after under section 771(24)(A) of the Act.22 and 782 of the Act are applicable to all determinations made on or after August publication of this notice. Comments Petitioner contends that the industry’s 6, 2015, and, therefore, apply to this must be filed in accordance with the injured condition is illustrated by CVD investigation.27 filing requirements stated above. If reduced market share; underselling and respondent selection is necessary, we price suppression or depression; lost 24 See PRC CVD Initiation Checklist, at intend to base our decision regarding sales and revenues; declines in domestic Attachment III, Analysis of Allegations and respondent selection upon comments industry production, capacity Evidence of Material Injury and Causation for the received from interested parties and our utilization, and U.S. shipments; Antidumping and Countervailing Duty Petitions Covering Certain Amorphous Silica Fabric from the analysis of the record information declines in financial performance; and People’s Republic of China. within 20 days of publication of this declines in employment indicators.23 25 See Trade Preferences Extension Act of 2015, notice. mstockstill on DSK4VPTVN1PROD with NOTICES Public Law 114–27, 129 Stat. 362 (2015). 19 See PRC CVD Initiation Checklist, at 26 See Dates of Application of Amendments to the Distribution of Copies of the Petition Attachment II. Antidumping and Countervailing Duty Laws Made 20 Id. In accordance with section by the Trade Preferences Extension Act of 2015, 80 21 Id. FR 46793 (August 6, 2015) (Applicability Notice). 702(b)(4)(A)(i) of the Act and 19 CFR 22 See Volume I of the Petition, at 37 and Exhibit The 2015 amendments may be found at https:// I–12. www.congress.gov/bill/114th-congress/house-bill/ 28 Petitioner initially alleged 19 subsidy 23 See Volume I of the Petition, at 22–25, 34–48, 1295/text/pl. programs. See Volume III of the Petition, at 15–58. and Exhibits I–12—I–14 and I–15—I–26. 27 Id. at 46794–95. 29 See Volume I of the Petition at Exhibit I–11, VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

8912 Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 351.202(f), a copy of the public version 351.301, or as otherwise specified by the APO Procedures, 73 FR 3634 (January of the Petition has been provided to the Secretary. In general, an extension 22, 2008). Parties wishing to participate GOC via ACCESS. To the extent request will be considered untimely if it in this investigation should ensure that practicable, we will attempt to provide is filed after the expiration of the time they meet the requirements of these a copy of the public version of the limit established under 19 CFR 351.301 procedures (e.g., the filing of letters of Petition to each known exporter (as expires. For submissions that are due appearance as discussed at 19 CFR named in the Petition), consistent with from multiple parties simultaneously, 351.103(d)). 19 CFR 351.203(c)(2). an extension request will be considered This notice is issued and published untimely if it is filed after 10:00 a.m. on pursuant to sections 702 and 777(i) of ITC Notification the due date. Under certain the Act. We will notify the ITC of our circumstances, we may elect to specify Dated: February 16, 2016. initiation, as required by section 702(d) a different time limit by which Ronald K. Lorentzen, of the Act. extension requests will be considered Acting Assistant Secretary for Enforcement Preliminary Determinations by the ITC untimely for submissions which are due and Compliance. from multiple parties simultaneously. In The ITC will preliminarily determine, such a case, we will inform parties in Appendix I within 45 days after the date on which the letter or memorandum setting forth Scope of the Investigation the Petition was filed, whether there is the deadline (including a specified time) a reasonable indication that imports of The product covered by this investigation by which extension requests must be is woven (whether from yarns or rovings) certain amorphous silica fabric from the filed to be considered timely. An industrial grade amorphous silica fabric, PRC are materially injuring, or extension request must be made in a which contains a minimum of 90 percent threatening material injury to, a U.S. separate, stand-alone submission; under silica (SiO2) by nominal weight, and a industry.30 A negative ITC limited circumstances we will grant nominal width in excess of 8 inches. The determination will result in the untimely-filed requests for the extension investigation covers industrial grade investigation being terminated; 31 of time limits. Review Extension of amorphous silica fabric regardless of other otherwise, this investigation will materials contained in the fabric, regardless Time Limits; Final Rule, 78 FR 57790 of whether in roll form or cut-to-length, proceed according to statutory and (September 20, 2013), available at regardless of weight, width (except as noted regulatory time limits. http://www.gpo.gov/fdsys/pkg/FR-2013- above), or length. The investigation covers Submission of Factual Information 09-20/html/2013-22853.htm, prior to industrial grade amorphous silica fabric submitting factual information in this regardless of whether the product is Factual information is defined in 19 investigation. approved by a standards testing body (such CFR 351.102(b)(21) as: (i) Evidence as being Factory Mutual (FM) Approved), or submitted in response to questionnaires; Certification Requirements regardless of whether it meets any (ii) evidence submitted in support of Any party submitting factual governmental specification. allegations; (iii) publicly available information in an AD or CVD Industrial grade amorphous silica fabric information to value factors under 19 may be produced in various colors. The proceeding must certify to the accuracy investigation covers industrial grade CFR 351.408(c) or to measure the and completeness of that information.32 amorphous silica fabric regardless of whether adequacy of remuneration under 19 CFR Parties are hereby reminded that revised the fabric is colored. Industrial grade 351.511(a)(2); (iv) evidence placed on certification requirements are in effect amorphous silica fabric may be coated or the record by the Department; and (v) for company/government officials, as treated with materials that include, but are evidence other than factual information well as their representatives. not limited to, oils, vermiculite, acrylic latex described in (i)–(iv). The regulation Investigations initiated on the basis of compound, silicone, aluminized polyester requires any party, when submitting petitions filed on or after August 16, (Mylar®) film, pressure-sensitive adhesive, or factual information, to specify under other coatings and treatments. The 2013, and other segments of any AD or investigation covers industrial grade which subsection of 19 CFR CVD proceedings initiated on or after amorphous silica fabric regardless of whether 351.102(b)(21) the information is being August 16, 2013, should use the formats the fabric is coated or treated, and regardless submitted and, if the information is for the revised certifications provided at of coating or treatment weight as a percentage submitted to rebut, clarify, or correct the end of the Final Rule.33 The of total product weight. Industrial grade factual information already on the Department intends to reject factual amorphous silica fabric may be heat-cleaned. record, to provide an explanation submissions if the submitting party does The investigation covers industrial grade identifying the information already on not comply with the applicable revised amorphous silica fabric regardless of whether the record that the factual information the fabric is heat-cleaned. certification requirements. Industrial grade amorphous silica fabric seeks to rebut, clarify, or correct. Time Notification to Interested Parties may be imported in rolls or may be cut-to- limits for the submission of factual length and then further fabricated to make information are addressed in 19 CFR Interested parties must submit welding curtains, welding blankets, welding 351.301, which provides specific time applications for disclosure under APO pads, fire blankets, fire pads, or fire screens. limits based on the type of factual in accordance with 19 CFR 351.305. On Regardless of the name, all industrial grade information being submitted. Parties January 22, 2008, the Department amorphous silica fabric that has been further should review the regulations prior to published Antidumping and cut-to-length or cut-to-width or further submitting factual information in this Countervailing Duty Proceedings: finished by finishing the edges and/or adding investigation. Documents Submission Procedures; grommets, is included within the scope of mstockstill on DSK4VPTVN1PROD with NOTICES this investigation. Extension of Time Limits 32 See Subject merchandise also includes (1) any section 782(b) of the Act. industrial grade amorphous silica fabric that Parties may request an extension of 33 See Certification of Factual Information To has been converted into industrial grade time limits before the expiration of a Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July amorphous silica fabric in China from time limit established under 19 CFR 17, 2013) (‘‘Final Rule’’); see also frequently asked fiberglass cloth produced in a third country; questions regarding the Final Rule, available at and (2) any industrial grade amorphous silica 30 See section 703(a)(2) of the Act. http://enforcement.trade.gov/tlei/notices/factual_ fabric that has been further processed in a 31 See section 703(a)(1) of the Act. info_final_rule_FAQ_07172013.pdf. third country prior to export to the United VerDate Sep<11>2014 17:06 Feb 22, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Notices 8913 States, including but not limited to treating, DATES: Effective Date: February 16, Act), Petitioner alleges that imports of coating, slitting, cutting to length, cutting to 2016. silica fabric from the PRC are being, or width, finishing the edges, adding grommets, are likely to be, sold in the United States or any other processing that would not FOR FURTHER INFORMATION CONTACT: Michael J. Heaney at (202) 482–4475 or at less-than-fair value within the otherwise remove the merchandise from the scope of the investigation if performed in the Scott Hoefke (202) 482–4947, AD/CVD meaning of section 731 of the Act, and country of manufacture of the in-scope Operations, Enforcement & Compliance, that such imports are materially industrial grade amorphous silica fabric. U.S. Department of Commerce, 14th injuring, or threatening material injury Excluded from the scope of the Street and Constitution Avenue NW., to, an industry in the United States. investigation is amorphous silica fabric that Washington, DC 20230. Also, consistent with section 732(b)(1) is subjected to controlled shrinkage, which is of the Act, the Petition is accompanied also called ‘‘pre-shrunk’’ or ‘‘aerospace SUPPLEMENTARY INFORMATION: by information reasonably available to grade’’ amorphous silica fabric. In order to be The Petition Petitioner supporting its allegations. excluded as a pre-shrunk or aerospace grade The Department finds that Petitioner amorphous silica fabric, the amorphous silica On January 20, 2016, the Department of Commerce (the Department) received filed this Petition on behalf of the fabric must meet the following exclusion criteria: (1) The amorphous silica fabric must an antidumping duty (AD) petition domestic industry because Petitioner is contain a minimum of 98 percent silica concerning imports of certain an interested party as defined in section (SiO2) by nominal weight; (2) the amorphous amorphous silica fabric (silica fabric) 771(9)(C) of the Act. The Department silica fabric must have an areal shrinkage of from the People’s Republic of China also finds that Petitioner demonstrated 4 percent or less; (3) the amorphous silica (PRC), filed in proper form on behalf of sufficient industry support with respect fabric must contain no coatings or treatments; to the initiation of the AD investigation and (4) the amorphous silica fabric must be Auburn Manufacturing, Inc. (Auburn) (Petitioner).1 The AD petition was that Petitioner is requesting.8 white in color. For purposes of this scope, ‘‘areal shrinkage’’ refers to the extent to accompanied by a countervailing duty Period of Investigation which a specimen of amorphous silica fabric (CVD) petition for the PRC.2 Petitioner Because the Petition was filed on shrinks while subjected to heating at 1800 is a domestic producer of silica fabric.3 January 20, 2016, the period of degrees F for 30 minutes. On January 27, 2016, the Department Areal shrinkage is expressed as the investigation (POI) is, pursuant to 19 requested additional information and CFR 351.204(b)(1), July 1, 2015 through following percentage: clarification of certain areas of the December 31, 2015. Petition.4 Petitioner filed responses to these requests on February 1, 2016.5 On Scope of the Investigation February 10, 2016, Petitioner submitted The product covered by this further clarification regarding the scope investigation is silica fabric from the Also excluded from the scope are of the investigation.6 On January 27, PRC. For a full description of the scope amorphous silica fabric rope and tubing (or 2016, the Department determined to toll of this investigation, see the ‘‘Scope of sleeving). Amorphous silica fabric rope is a all deadlines four business days as a the Investigation,’’ in Appendix I of this knitted or braided product made from result of the Federal Government notice. amorphous silica yarns. Silica tubing (or closure during snowstorm Jonas, which sleeving) is braided into a hollow sleeve from is applicable to this initiation.7 Comments on Scope of the Investigation amorphous silica yarns. In accordance with section 732(b) of During our review of the Petition, the The subject imports are normally classified the Tariff Act of 1930, as amended (the Department issued questions to, and in subheadings 7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the received responses from, Petitioner Harmonized Tariff Schedule of the United 1 See the Petition for the Imposition of pertaining to the proposed scope to Antidumping and Countervailing Duties on Imports ensure that the scope language in the States (HTSUS), but may also enter under of Certain Amorphous Silica Fabric from the PRC, HTSUS subheadings 7019.40.4030, dated January 20, 2016 (the Petition) at Volumes I Petition would be an accurate reflection 7019.40.4060, 7019.40.9030, 7019.40.9060, and II. of the products for which the domestic 7019.51.9010, 7019.51.9090, 7019.52.9010, 2 Id. at Volume III. industry is seeking relief.9 7019.52.9021, 7019.52.9096 and 3 See Volume I of the Petition at 2. As discussed in the preamble to the 7019.90.1000. HTSUS subheadings are 4 See Letters from the Department to Petitioner Department’s regulations,10 we are provided for convenience and customs entitled ‘‘Re: Petitions for the Imposition of setting aside a period for interested purposes only; the written description of the Antidumping and Countervailing Duties on Imports of Amorphous Silica Fabric from the People’s parties to raise issues regarding product scope of this investigation is dispositive. Republic of China: Supplemental Questions dated coverage (scope). The Department will [FR Doc. 2016–03751 Filed 2–22–16; 8:45 am] January 27, 2016 (General Issues Supplemental consider all comments received from BILLING CODE 3510–DS–P Questionnaire) and ‘‘Re: Petition for the Imposition of Antidumping Duties on Imports of Certain parties and, if necessary, will consult Amorphous Silica Fabric from the People’s with parties prior to the issuance of the Republic of China: Supplemental Questions preliminary determination. If scope DEPARTMENT OF COMMERCE Antidumping’’ dated January 27, 2016. comments include factual information 5 See ‘‘Certain Amorphous Silica Fabric from the International Trade Administration (see 19 CFR 351.102(b)(21)), all such People’s Republic of China: Amendment to Volume I of the Petition’’ dated February 1, 2016 (General factual information should be limited to [A–570–038] Issues Supplement); see also ‘‘Re: Certain Amorphous Silica Fabric from the People’s 8 See the ‘‘Determination of Industry Support for Certain Amorphous Silica Fabric From Republic of China: Amendment to Volume II of the the Petition’’ section below. the People’s Republic of China: Petition’’ dated February 1, 2016 (AD Supplemental 9 See Memorandum to the File, Phone Call with mstockstill on DSK4VPTVN1PROD with NOTICES Initiation of Less-Than-Fair-Value Response). Counsel to Petitioner,’’ dated February 10, 2016; see 6 See Scope Supplement to the Petition, dated also Letter from Petitioner to the Department, Investigation February 10, 2016 (Scope Supplement). ‘‘Certain Amorphous Silica Fiber from the People’s 7 See Memorandum to the Record from Ron Republic of China: Scope Clarification Letter,’’ AGENCY: Enforcement and Compliance, dated February 10, 2016; see also Memorandum to Lorentzen, Acting Assistant Secretary for International Trade Administration, Enforcement and Compliance, regarding ‘‘Tolling of the File, ‘‘Phone Call with Counsel to Petitioner,’’ Department of Commerce. Administrative Deadlines As a Result of the dated February 12, 2016. ACTION: Notice. Government Closure During Snowstorm Jonas,’’ 10 See Antidumping Duties; Countervailing EN23FE16.000</GPH> dated January 27, 2016. Duties, 62 FR 27296, 27323 (May 19, 1997). 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Document Created: 2018-02-02 14:33:09
Document Modified: 2018-02-02 14:33:09
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 Date: February 16, 2016.
ContactYasmin Bordas at (202) 482-3813, John Corrigan at (202) 482-7438, and Emily Maloof at (202) 482-5649, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 8909 
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