82_FR_14365 82 FR 14314 - Certain Amorphous Silica Fabric From the People's Republic of China: Antidumping Duty Order

82 FR 14314 - Certain Amorphous Silica Fabric From the People's Republic of China: Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 51 (March 17, 2017)

Page Range14314-14316
FR Document2017-05431

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on certain amorphous silica fabric from the People's Republic of China (PRC).

Federal Register, Volume 82 Issue 51 (Friday, March 17, 2017)
[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14314-14316]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05431]



[[Page 14313]]

Vol. 82

Friday,

No. 51

March 17, 2017

Part III





Department of Commerce





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 International Trade Administration





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Certain Amorphous Silica Fabric From the People's Republic of China: 
Countervailing Duty Order and Antidumping Duty Order; Notices

Federal Register / Vol. 82 , No. 51 / Friday, March 17, 2017 / 
Notices

[[Page 14314]]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-038]


Certain Amorphous Silica Fabric From the People's Republic of 
China: Antidumping Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on certain 
amorphous silica fabric from the People's Republic of China (PRC).

DATES: Effective March 17, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Fred Baker, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-4947 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 25, 
2017, the Department published the final determination of sales at less 
than fair value in the antidumping duty investigation of certain 
amorphous silica fabric from the PRC.\1\ On March 10, 2017, the ITC 
notified the Department of its final determination pursuant to section 
735(b)(1)(A)(i) of the Act, that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act by reason of imports of certain amorphous silica fabric from the 
PRC.\2\ In addition, in its final determination, the ITC did not make 
an affirmative critical circumstances finding with respect to imports 
of subject merchandise from the PRC that are subject to the 
Department's final affirmative critical circumstances finding.\3\
---------------------------------------------------------------------------

    \1\ See Antidumping Duty Investigation of Certain Amorphous 
Silica Fabric From the People's Republic of China: Final Affirmative 
Determination of Sales at Less-Than-Fair Value, and Final 
Affirmative Determination of Critical Circumstances, 82 FR 8399 
(January 25, 2017) (Final Determination), and accompanying Issues 
and Decision Memorandum.
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding certain amorphous silica fabric from China (March 10, 
2017) (ITC Letter).
    \3\ Id.
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Scope of the Order

    The product covered by this order 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 order 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 order 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 order 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 order 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 order 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 order.
    Subject merchandise also includes (1) any industrial grade 
amorphous silica fabric that has been converted into industrial grade 
amorphous silica fabric in China from fiberglass cloth produced in a 
third country; and (2) any industrial grade amorphous silica fabric 
that has been further processed in a third country prior to export to 
the United States, including but not limited to treating, coating, 
slitting, cutting to length, cutting to width, finishing the edges, 
adding grommets, or any other processing that would not otherwise 
remove the merchandise from the scope of the order if performed in the 
country of manufacture of the in-scope industrial grade amorphous 
silica fabric.
    Excluded from the scope of the order is amorphous silica fabric 
that is subjected to controlled shrinkage, which is also called ``pre-
shrunk'' or ``aerospace grade'' amorphous silica fabric. In order to be 
excluded as a pre-shrunk or aerospace grade amorphous silica fabric, 
the amorphous silica fabric must meet the following exclusion criteria: 
(l) The amorphous silica fabric must contain a minimum of 98 percent 
silica (SiO2) by nominal weight; (2) the amorphous silica fabric must 
have an areal shrinkage of 4 percent or less; (3) the amorphous silica 
fabric must contain no coatings or treatments; and (4) the amorphous 
silica fabric must be white in color. For purposes of this scope, 
``areal shrinkage'' refers to the extent to which a specimen of 
amorphous silica fabric shrinks while subjected to heating at 1800 
degrees F for 30 minutes.\4\
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    \4\ Areal shrinkage is expressed as the following percentage:
    ((Fired Area, cm2 - Initial Area, cm2)/Initial Area, cm2) x 100 
= Areal Shrinkage, %
---------------------------------------------------------------------------

    Also excluded from the scope are amorphous silica fabric rope and 
tubing (or sleeving). Amorphous silica fabric rope is a knitted or 
braided product made from amorphous silica yarns. Silica tubing (or 
sleeving) is braided into a hollow sleeve from amorphous silica yarns.
    The subject imports are normally classified in subheadings 
7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the 
Harmonized Tariff Schedule of the United States (HTSUS), but may also 
enter under HTSUS subheadings 7019.40.4030, 7019.40.4060, 7019.40.9030, 
7019.40.9060, 7019.51.9010, 7019.51.9090, 7019.52.9010, 7019.52.9021, 
7019.52.9096 and 7019.90.1000. HTSUS subheadings are provided for 
convenience and customs purposes only; the written description of the 
scope of this order is dispositive.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of certain amorphous 
silica fabric from the PRC are materially injuring a U.S. industry.\5\

[[Page 14315]]

Therefore, in accordance with section 735(c)(2) of the Act, we are 
publishing this antidumping duty order. Because the ITC determined that 
imports of certain amorphous silica fabric from the PRC are materially 
injuring a U.S. industry, unliquidated entries of such merchandise from 
the PRC, entered or withdrawn from warehouse for consumption, are 
subject to the assessment of antidumping duties.
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    \5\ See ITC Letter.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of certain 
amorphous silica fabric from the PRC. These antidumping duties will be 
assessed on unliquidated entries from the PRC entered, or withdrawn 
from warehouse, for consumption on or after September 1, 2016, the date 
on which the Department published the Preliminary Determination,\6\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
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    \6\ See Antidumping Duty Investigation of Certain Amorphous 
Silica Fabric from the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 81 FR 60341 (September 1, 2016) 
(Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all relevant entries 
of subject merchandise from the PRC. These instructions suspending 
liquidation will remain in effect until further notice.
    We will also instruct CBP to require cash deposits at rates equal 
to the estimated weighted-average dumping margins indicated in the 
chart below, adjusted where appropriate for export subsidies and 
estimated domestic subsidy pass-through.\7\ Accordingly, effective on 
the date of publication of the ITC's final affirmative injury 
determination, CBP will require, at the same time as importers would 
normally deposit estimated duties on this subject merchandise, a cash 
deposit at the rates listed below.\8\ The rate for the PRC-wide entity 
applies to all producers or exporters not specifically listed. For the 
purpose of determining cash deposit rates, the estimated weighted-
average dumping margins for imports of subject merchandise from the PRC 
will be adjusted, as appropriate, for export subsidies found in the 
final determination of the companion countervailing duty investigation 
of this merchandise imported from the PRC.\9\
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    \7\ No party in the less-than-fair-value investigation 
established eligibility for an adjustment for estimated domestic 
subsidy pass-through. See Preliminary Determination, unchanged in 
Final Determination.
    \8\ See section 736(a)(3) of the Act.
    \9\ See Final Determination.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
portion of certain amorphous silica fabric from the PRC, the Department 
extended the four-month period to six months. In the underlying 
investigation, the Department published the Preliminary Determination 
on September 1, 2016.\10\ Therefore, the six-month period beginning on 
the date of the publication of the Preliminary Determination ended on 
February 27, 2017. Furthermore, section 737(b) of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination. Therefore, in accordance with section 
733(d) of the Act and our practice, we will instruct CBP to terminate 
the suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of certain amorphous silica 
fabric from the PRC entered, or withdrawn from warehouse, for 
consumption after February 27, 2017, the date the provisional measures 
expired, and through the day preceding the date of publication of the 
ITC's final injury determination in the Federal Register.
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    \10\ See Preliminary Determination.
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Estimated Weighted-Average Dumping Margin

    The weighted-average antidumping duty margin percentages and cash 
deposit percentages are as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                     Weighted-
                                                                                      average      Cash deposit
                   Exporter                                 Producer              dumping margin     (percent)
                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
ACIT (Pinghu) Inc.............................  ACIT (Pinghu) Inc...............          162.47          151.93
Nanjing Tianyuan Fiberglass Material Co., Ltd.  Nanjing Tianyuan Fiberglass               162.47          151.71
                                                 Material Co., Ltd.
----------------------------------------------------------------------------------------------------------------
                                 PRC-Wide Entity                                          162.47          151.93
----------------------------------------------------------------------------------------------------------------

Critical Circumstances

    In its final determination, the ITC did not make an affirmative 
critical circumstances finding with respect to imports of subject 
merchandise from the PRC that were subject to the Department's final 
affirmative critical circumstances determination. Accordingly, the 
Department will instruct CBP to lift suspension and to refund any cash 
deposit made to secure the payment of estimated antidumping duties with 
respect to entries of the merchandise entered, or withdrawn from 
warehouse, for consumption on or after June 3, 2016 (i.e., 90 days 
prior to the date of publication of the preliminary determination), but 
before September 1, 2016, the publication date of the Preliminary 
Determination.

Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
certain amorphous silica fabric from the PRC pursuant to section 736(a) 
of the Act. Interested parties can find a list of antidumping duty 
orders currently in effect at http://www.trade.gov/enforcement/.

[[Page 14316]]

    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05431 Filed 3-16-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                   14314                           Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                   DEPARTMENT OF COMMERCE                                  subject to the Department’s final                     States, including but not limited to
                                                                                                           affirmative critical circumstances                    treating, coating, slitting, cutting to
                                                   International Trade Administration                      finding.3                                             length, cutting to width, finishing the
                                                                                                                                                                 edges, adding grommets, or any other
                                                   [A–570–038]                                             Scope of the Order
                                                                                                                                                                 processing that would not otherwise
                                                                                                              The product covered by this order is               remove the merchandise from the scope
                                                   Certain Amorphous Silica Fabric From
                                                                                                           woven (whether from yarns or rovings)                 of the order if performed in the country
                                                   the People’s Republic of China:
                                                                                                           industrial grade amorphous silica fabric,             of manufacture of the in-scope
                                                   Antidumping Duty Order
                                                                                                           which contains a minimum of 90                        industrial grade amorphous silica fabric.
                                                   AGENCY:  Enforcement and Compliance,                    percent silica (SiO2) by nominal weight,                 Excluded from the scope of the order
                                                   International Trade Administration,                     and a nominal width in excess of 8                    is amorphous silica fabric that is
                                                   Department of Commerce.                                 inches. The order covers industrial                   subjected to controlled shrinkage, which
                                                   SUMMARY: Based on affirmative final
                                                                                                           grade amorphous silica fabric regardless              is also called ‘‘pre-shrunk’’ or
                                                   determinations by the Department of                     of other materials contained in the                   ‘‘aerospace grade’’ amorphous silica
                                                   Commerce (the Department) and the                       fabric, regardless of whether in roll form            fabric. In order to be excluded as a pre-
                                                   International Trade Commission (ITC),                   or cut-to-length, regardless of weight,               shrunk or aerospace grade amorphous
                                                   the Department is issuing an                            width (except as noted above), or length.             silica fabric, the amorphous silica fabric
                                                   antidumping duty order on certain                       The order covers industrial grade                     must meet the following exclusion
                                                   amorphous silica fabric from the                        amorphous silica fabric regardless of                 criteria: (l) The amorphous silica fabric
                                                                                                           whether the product is approved by a                  must contain a minimum of 98 percent
                                                   People’s Republic of China (PRC).
                                                                                                           standards testing body (such as being                 silica (SiO2) by nominal weight; (2) the
                                                   DATES: Effective March 17, 2017.                        Factory Mutual (FM) Approved), or                     amorphous silica fabric must have an
                                                   FOR FURTHER INFORMATION CONTACT:                        regardless of whether it meets any                    areal shrinkage of 4 percent or less; (3)
                                                   Scott Hoefke or Fred Baker, AD/CVD                      governmental specification.                           the amorphous silica fabric must
                                                   Operations, Office VI, Enforcement and                     Industrial grade amorphous silica                  contain no coatings or treatments; and
                                                   Compliance, International Trade                         fabric may be produced in various                     (4) the amorphous silica fabric must be
                                                   Administration, U.S. Department of                      colors. The order covers industrial grade             white in color. For purposes of this
                                                   Commerce, 1401 Constitution Avenue                      amorphous silica fabric regardless of                 scope, ‘‘areal shrinkage’’ refers to the
                                                   NW., Washington, DC 20230; telephone                    whether the fabric is colored. Industrial             extent to which a specimen of
                                                   (202) 482–4947 or (202) 482–2924,                       grade amorphous silica fabric may be                  amorphous silica fabric shrinks while
                                                   respectively.                                           coated or treated with materials that                 subjected to heating at 1800 degrees F
                                                                                                           include, but are not limited to, oils,                for 30 minutes.4
                                                   SUPPLEMENTARY INFORMATION:
                                                                                                           vermiculite, acrylic latex compound,                     Also excluded from the scope are
                                                   Background                                              silicone, aluminized polyester (Mylar®)               amorphous silica fabric rope and tubing
                                                      In accordance with sections 735(d)                   film, pressure-sensitive adhesive, or                 (or sleeving). Amorphous silica fabric
                                                   and 777(i)(1) of the Tariff Act of 1930,                other coatings and treatments. The order              rope is a knitted or braided product
                                                   as amended (the Act), and 19 CFR                        covers industrial grade amorphous silica              made from amorphous silica yarns.
                                                   351.210(c), on January 25, 2017, the                    fabric regardless of whether the fabric is            Silica tubing (or sleeving) is braided
                                                   Department published the final                          coated or treated, and regardless of                  into a hollow sleeve from amorphous
                                                   determination of sales at less than fair                coating or treatment weight as a                      silica yarns.
                                                   value in the antidumping duty                           percentage of total product weight.                      The subject imports are normally
                                                   investigation of certain amorphous                      Industrial grade amorphous silica fabric              classified in subheadings 7019.59.4021,
                                                   silica fabric from the PRC.1 On March                   may be heat-cleaned. The order covers                 7019.59.4096, 7019.59.9021, and
                                                   10, 2017, the ITC notified the                          industrial grade amorphous silica fabric              7019.59.9096 of the Harmonized Tariff
                                                                                                           regardless of whether the fabric is heat-             Schedule of the United States (HTSUS),
                                                   Department of its final determination
                                                                                                           cleaned.                                              but may also enter under HTSUS
                                                   pursuant to section 735(b)(1)(A)(i) of the
                                                                                                              Industrial grade amorphous silica                  subheadings 7019.40.4030,
                                                   Act, that an industry in the United
                                                                                                           fabric may be imported in rolls or may                7019.40.4060, 7019.40.9030,
                                                   States is materially injured within the
                                                                                                           be cut-to-length and then further                     7019.40.9060, 7019.51.9010,
                                                   meaning of section 735(b)(1)(A)(i) of the
                                                                                                           fabricated to make welding curtains,                  7019.51.9090, 7019.52.9010,
                                                   Act by reason of imports of certain
                                                                                                           welding blankets, welding pads, fire                  7019.52.9021, 7019.52.9096 and
                                                   amorphous silica fabric from the PRC.2
                                                                                                           blankets, fire pads, or fire screens.                 7019.90.1000. HTSUS subheadings are
                                                   In addition, in its final determination,
                                                                                                           Regardless of the name, all industrial                provided for convenience and customs
                                                   the ITC did not make an affirmative
                                                                                                           grade amorphous silica fabric that has                purposes only; the written description
                                                   critical circumstances finding with                                                                           of the scope of this order is dispositive.
                                                                                                           been further cut-to-length or cut-to-
                                                   respect to imports of subject
                                                                                                           width or further finished by finishing                Antidumping Duty Order
                                                   merchandise from the PRC that are
                                                                                                           the edges and/or adding grommets, is
                                                                                                           included within the scope of this order.                 In accordance with sections
                                                     1 See Antidumping Duty Investigation of Certain
                                                                                                              Subject merchandise also includes (1)              735(b)(1)(A)(i) and 735(d) of the Act, the
                                                   Amorphous Silica Fabric From the People’s
                                                   Republic of China: Final Affirmative Determination      any industrial grade amorphous silica                 ITC has notified the Department of its
                                                   of Sales at Less-Than-Fair Value, and Final             fabric that has been converted into                   final determination in this investigation,
mstockstill on DSK3G9T082PROD with NOTICES2




                                                   Affirmative Determination of Critical
                                                                                                           industrial grade amorphous silica fabric              in which it found that imports of certain
                                                   Circumstances, 82 FR 8399 (January 25, 2017)                                                                  amorphous silica fabric from the PRC
                                                   (Final Determination), and accompanying Issues          in China from fiberglass cloth produced
                                                   and Decision Memorandum.                                in a third country; and (2) any industrial            are materially injuring a U.S. industry.5
                                                     2 See Letter to Ronald Lorentzen, Acting Assistant
                                                                                                           grade amorphous silica fabric that has                  4 Areal shrinkage is expressed as the following
                                                   Secretary of Commerce for Enforcement and               been further processed in a third
                                                   Compliance, from Rhonda K Schmidtlein,                                                                        percentage:
                                                   Chairman of the U.S. International Trade                country prior to export to the United                   ((Fired Area, cm2 ¥ Initial Area, cm2)/Initial
                                                   Commission, regarding certain amorphous silica                                                                Area, cm2) × 100 = Areal Shrinkage, %
                                                   fabric from China (March 10, 2017) (ITC Letter).          3 Id.                                                 5 See ITC Letter.




                                              VerDate Sep<11>2014   20:32 Mar 16, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4703   E:\FR\FM\17MRN2.SGM   17MRN2


                                                                                          Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices                                                                    14315

                                                   Therefore, in accordance with section                               CBP to continue to suspend liquidation                              months. At the request of exporters that
                                                   735(c)(2) of the Act, we are publishing                             on all relevant entries of subject                                  account for a significant portion of
                                                   this antidumping duty order. Because                                merchandise from the PRC. These                                     certain amorphous silica fabric from the
                                                   the ITC determined that imports of                                  instructions suspending liquidation will                            PRC, the Department extended the four-
                                                   certain amorphous silica fabric from the                            remain in effect until further notice.                              month period to six months. In the
                                                   PRC are materially injuring a U.S.                                     We will also instruct CBP to require                             underlying investigation, the
                                                   industry, unliquidated entries of such                              cash deposits at rates equal to the                                 Department published the Preliminary
                                                   merchandise from the PRC, entered or                                estimated weighted-average dumping                                  Determination on September 1, 2016.10
                                                   withdrawn from warehouse for                                        margins indicated in the chart below,
                                                                                                                                                                                           Therefore, the six-month period
                                                   consumption, are subject to the                                     adjusted where appropriate for export
                                                                                                                                                                                           beginning on the date of the publication
                                                   assessment of antidumping duties.                                   subsidies and estimated domestic
                                                      As a result of the ITC’s final                                   subsidy pass-through.7 Accordingly,                                 of the Preliminary Determination ended
                                                   determination, in accordance with                                   effective on the date of publication of                             on February 27, 2017. Furthermore,
                                                   section 736(a)(1) of the Act, the                                   the ITC’s final affirmative injury                                  section 737(b) of the Act states that
                                                   Department will direct U.S. Customs                                 determination, CBP will require, at the                             definitive duties are to begin on the date
                                                   and Border Protection (CBP) to assess,                              same time as importers would normally                               of publication of the ITC’s final injury
                                                   upon further instruction by the                                     deposit estimated duties on this subject                            determination. Therefore, in accordance
                                                   Department, antidumping duties equal                                merchandise, a cash deposit at the rates                            with section 733(d) of the Act and our
                                                   to the amount by which the normal                                   listed below.8 The rate for the PRC-wide                            practice, we will instruct CBP to
                                                   value of the merchandise exceeds the                                entity applies to all producers or                                  terminate the suspension of liquidation
                                                   export price (or constructed export                                 exporters not specifically listed. For the                          and to liquidate, without regard to
                                                   price) of the merchandise, for all                                  purpose of determining cash deposit                                 antidumping duties, unliquidated
                                                   relevant entries of certain amorphous                               rates, the estimated weighted-average                               entries of certain amorphous silica
                                                   silica fabric from the PRC. These                                   dumping margins for imports of subject                              fabric from the PRC entered, or
                                                   antidumping duties will be assessed on                              merchandise from the PRC will be                                    withdrawn from warehouse, for
                                                   unliquidated entries from the PRC                                   adjusted, as appropriate, for export                                consumption after February 27, 2017,
                                                   entered, or withdrawn from warehouse,                               subsidies found in the final                                        the date the provisional measures
                                                   for consumption on or after September                               determination of the companion                                      expired, and through the day preceding
                                                   1, 2016, the date on which the                                      countervailing duty investigation of this                           the date of publication of the ITC’s final
                                                   Department published the Preliminary                                merchandise imported from the PRC.9
                                                                                                                                                                                           injury determination in the Federal
                                                   Determination,6 but will not include
                                                                                                                       Provisional Measures                                                Register.
                                                   entries occurring after the expiration of
                                                   the provisional measures period and                                    Section 733(d) of the Act states that                            Estimated Weighted-Average Dumping
                                                   before publication of the ITC’s final                               instructions issued pursuant to an                                  Margin
                                                   injury determination, as further                                    affirmative preliminary determination
                                                   described below.                                                    may not remain in effect for more than                                The weighted-average antidumping
                                                                                                                       four months, except where exporters                                 duty margin percentages and cash
                                                   Continuation of Suspension of                                       representing a significant proportion of                            deposit percentages are as follows:
                                                   Liquidation                                                         exports of the subject merchandise
                                                     In accordance with section                                        request the Department to extend that
                                                   735(c)(1)(B) of the Act, we will instruct                           four-month period to no more than six

                                                                                                                                                                                                               Weighted-
                                                                                                                                                                                                                average      Cash deposit
                                                                                  Exporter                                                                      Producer                                       dumping        (percent)
                                                                                                                                                                                                                margin
                                                                                                                                                                                                               (percent)

                                                   ACIT (Pinghu) Inc .........................................................   ACIT (Pinghu) Inc .........................................................        162.47           151.93
                                                   Nanjing Tianyuan Fiberglass Material Co., Ltd ............                    Nanjing Tianyuan Fiberglass Material Co., Ltd ............                         162.47           151.71

                                                                                                                   PRC-Wide Entity                                                                                  162.47           151.93



                                                   Critical Circumstances                                              refund any cash deposit made to secure                              Notification to Interested Parties
                                                     In its final determination, the ITC did                           the payment of estimated antidumping
                                                                                                                       duties with respect to entries of the                                  This notice constitutes the
                                                   not make an affirmative critical                                                                                                        antidumping duty order with respect to
                                                   circumstances finding with respect to                               merchandise entered, or withdrawn
                                                                                                                       from warehouse, for consumption on or                               certain amorphous silica fabric from the
                                                   imports of subject merchandise from the
                                                   PRC that were subject to the                                        after June 3, 2016 (i.e., 90 days prior to                          PRC pursuant to section 736(a) of the
                                                   Department’s final affirmative critical                             the date of publication of the                                      Act. Interested parties can find a list of
                                                   circumstances determination.                                        preliminary determination), but before                              antidumping duty orders currently in
mstockstill on DSK3G9T082PROD with NOTICES2




                                                   Accordingly, the Department will                                    September 1, 2016, the publication date                             effect at http://www.trade.gov/
                                                   instruct CBP to lift suspension and to                              of the Preliminary Determination.                                   enforcement/.

                                                     6 See Antidumping Duty Investigation of Certain                   Determination, 81 FR 60341 (September 1, 2016)                      Preliminary Determination, unchanged in Final
                                                   Amorphous Silica Fabric from the People’s                           (Preliminary Determination).                                        Determination.
                                                   Republic of China: Affirmative Preliminary                            7 No party in the less-than-fair-value investigation                8 See section 736(a)(3) of the Act.
                                                   Determination of Sales at Less-Than-Fair Value,
                                                                                                                       established eligibility for an adjustment for                         9 See Final Determination.
                                                   Preliminary Affirmative Determination of Critical
                                                   Circumstances, and Postponement of Final                            estimated domestic subsidy pass-through. See                          10 See Preliminary Determination.




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                                                   14316                           Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices

                                                     This order is published in accordance                 Scope of the Order                                    edges, adding grommets, or any other
                                                   with section 736(a) of the Act and 19                      The product covered by this order is               processing that would not otherwise
                                                   CFR 351.211(b).                                         woven (whether from yarns or rovings)                 remove the merchandise from the scope
                                                     Dated: March 14, 2017.                                industrial grade amorphous silica fabric,             of the order if performed in the country
                                                   Ronald K. Lorentzen,                                    which contains a minimum of 90                        of manufacture of the in-scope
                                                                                                           percent silica (SiO2) by nominal weight,              industrial grade amorphous silica fabric.
                                                   Acting Assistant Secretary for Enforcement                                                                       Excluded from the scope of the order
                                                   and Compliance.                                         and a nominal width in excess of 8
                                                                                                           inches. The order covers industrial                   is amorphous silica fabric that is
                                                   [FR Doc. 2017–05431 Filed 3–16–17; 8:45 am]                                                                   subjected to controlled shrinkage, which
                                                   BILLING CODE 3510–DS–P
                                                                                                           grade amorphous silica fabric regardless
                                                                                                           of other materials contained in the                   is also called ‘‘pre-shrunk’’ or
                                                                                                           fabric, regardless of whether in roll form            ‘‘aerospace grade’’ amorphous silica
                                                                                                           or cut-to-length, regardless of weight,               fabric. In order to be excluded as a pre-
                                                   DEPARTMENT OF COMMERCE                                                                                        shrunk or aerospace grade amorphous
                                                                                                           width (except as noted above), or length.
                                                   International Trade Administration                      The order covers industrial grade                     silica fabric, the amorphous silica fabric
                                                                                                           amorphous silica fabric regardless of                 must meet the following exclusion
                                                   [C–570–039]                                                                                                   criteria: (1) The amorphous silica fabric
                                                                                                           whether the product is approved by a
                                                                                                           standards testing body (such as being                 must contain a minimum of 98 percent
                                                   Certain Amorphous Silica Fabric From                                                                          silica (SiO2) by nominal weight; (2) the
                                                   the People’s Republic of China:                         Factory Mutual (FM) Approved), or
                                                                                                           regardless of whether it meets any                    amorphous silica fabric must have an
                                                   Countervailing Duty Order                                                                                     areal shrinkage of 4 percent or less; (3)
                                                                                                           governmental specification.
                                                   AGENCY:  Enforcement and Compliance,                       Industrial grade amorphous silica                  the amorphous silica fabric must
                                                   International Trade Administration,                     fabric may be produced in various                     contain no coatings or treatments; and
                                                   Department of Commerce.                                 colors. The order covers industrial grade             (4) the amorphous silica fabric must be
                                                   SUMMARY: Based on affirmative final                     amorphous silica fabric regardless of                 white in color. For purposes of this
                                                                                                           whether the fabric is colored. Industrial             scope, ‘‘areal shrinkage’’ refers to the
                                                   determinations by the Department of
                                                                                                           grade amorphous silica fabric may be                  extent to which a specimen of
                                                   Commerce (the Department) and the
                                                                                                           coated or treated with materials that                 amorphous silica fabric shrinks while
                                                   International Trade Commission (ITC),
                                                                                                           include, but are not limited to, oils,                subjected to heating at 1800 degrees F
                                                   the Department is issuing a
                                                                                                           vermiculite, acrylic latex compound,                  for 30 minutes.3
                                                   countervailing duty (CVD) order on                                                                               Also excluded from the scope are
                                                   certain amorphous silica fabric from the                silicone, aluminized polyester (Mylar®)
                                                                                                           film, pressure-sensitive adhesive, or                 amorphous silica fabric rope and tubing
                                                   People’s Republic of China (PRC).                                                                             (or sleeving). Amorphous silica fabric
                                                   DATES: Effective March 17, 2017.                        other coatings and treatments. The order
                                                                                                           covers industrial grade amorphous silica              rope is a knitted or braided product
                                                   FOR FURTHER INFORMATION CONTACT:                                                                              made from amorphous silica yarns.
                                                                                                           fabric regardless of whether the fabric is
                                                   Emily Maloof or John Corrigan, AD/CVD                                                                         Silica tubing (or sleeving) is braided
                                                                                                           coated or treated, and regardless of
                                                   Operations, Office VI, Enforcement and                                                                        into a hollow sleeve from amorphous
                                                                                                           coating or treatment weight as a
                                                   Compliance, International Trade                                                                               silica yarns.
                                                                                                           percentage of total product weight.
                                                   Administration, U.S. Department of                                                                               The subject imports are normally
                                                                                                           Industrial grade amorphous silica fabric
                                                   Commerce, 1401 Constitution Avenue                                                                            classified in subheadings 7019.59.4021,
                                                                                                           may be heat-cleaned. The order covers
                                                   NW., Washington, DC 20230; telephone:                                                                         7019.59.4096, 7019.59.9021, and
                                                                                                           industrial grade amorphous silica fabric
                                                   (202) 482–5649 or (202) 482–7438,                                                                             7019.59.9096 of the Harmonized Tariff
                                                                                                           regardless of whether the fabric is heat-
                                                   respectively.                                                                                                 Schedule of the United States (HTSUS),
                                                                                                           cleaned.
                                                   SUPPLEMENTARY INFORMATION:                                 Industrial grade amorphous silica                  but may also enter under HTSUS
                                                                                                           fabric may be imported in rolls or may                subheadings 7019.40.4030,
                                                   Background                                                                                                    7019.40.4060, 7019.40.9030,
                                                                                                           be cut-to-length and then further
                                                      In accordance with sections 705(d) of                fabricated to make welding curtains,                  7019.40.9060, 7019.51.9010,
                                                   the Tariff Act of 1930, as amended (the                 welding blankets, welding pads, fire                  7019.51.9090, 7019.52.9010,
                                                   Act), and 19 CFR 351.210(c), on January                 blankets, fire pads, or fire screens.                 7019.52.9021, 7019.52.9096 and
                                                   25, 2017, the Department published its                  Regardless of the name, all industrial                7019.90.1000. HTSUS subheadings are
                                                   affirmative final determination in the                  grade amorphous silica fabric that has                provided for convenience and customs
                                                   countervailing duty investigation of                    been further cut-to-length or cut-to-                 purposes only; the written description
                                                   certain amorphous silica fabric from the                width or further finished by finishing                of the scope of this order is dispositive.
                                                   PRC.1 On March 10, 2017, the ITC                        the edges and/or adding grommets, is                  Countervailing Duty Order
                                                   notified the Department of its final                    included within the scope of this order.                In accordance with section 705(d) of
                                                   determination pursuant, to section                         Subject merchandise also includes (1)
                                                                                                                                                                 the Act, the ITC notified the Department
                                                   705(d) of the Act, that an industry in the              any industrial grade amorphous silica
                                                                                                                                                                 of its final determination in this
                                                   United States is materially injured                     fabric that has been converted into
                                                                                                                                                                 investigation, in which it found that
                                                   within the meaning of section                           industrial grade amorphous silica fabric
                                                                                                                                                                 imports of certain amorphous silica
                                                   705(b)(1)(A)(i) of the Act by reason of                 in China from fiberglass cloth produced
                                                                                                                                                                 fabric from the PRC are materially
                                                   subsidized imports of certain                           in a third country; and (2) any industrial
                                                                                                                                                                 injuring, within the meaning of section
                                                   amorphous silica fabric from the PRC.2                  grade amorphous silica fabric that has
mstockstill on DSK3G9T082PROD with NOTICES2




                                                                                                                                                                 705(b)(1)(A)(i) of the Act, a U.S.
                                                                                                           been further processed in a third
                                                                                                                                                                 industry.4 Therefore, in accordance with
                                                     1 See Countervailing Duty Investigation of Certain    country prior to export to the United
                                                   Amorphous Silica Fabric From the People’s                                                                     section 705(c)(2) of the Act, we are
                                                                                                           States, including but not limited to
                                                   Republic of China: Final Affirmative Determination,
                                                   82 FR 8405 (January 25, 2017) (Final
                                                                                                           treating, coating, slitting, cutting to                 3 Areal shrinkage is expressed as the following

                                                   Determination), and accompanying Issues and             length, cutting to width, finishing the               percentage:
                                                   Decision Memorandum (IDM).                                                                                      ((Fired Area, em2 ¥ Initial Area, cm2)/Initial
                                                     2 See Letter from ITC concerning Amorphous            Nos. 701–TA–555 and 731–TA–1310 (Final), USITC        Area, cm2) × 100 = Areal Shrinkage, %.
                                                   Silica Fabric from the PRC USITC Investigation          Publication 731–1310 (March 2017) (ITC Letter).         4 See ITC Letter.




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Document Created: 2017-03-17 02:48:39
Document Modified: 2017-03-17 02:48:39
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 March 17, 2017.
ContactScott Hoefke or Fred Baker, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 or (202) 482-2924, respectively.
FR Citation82 FR 14314 

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