82 FR 45807 - 100- to 150-Seat Large Civil Aircraft From Canada: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 189 (October 2, 2017)
International Trade Administration
Federal Register Volume 82, Issue 189 (October 2, 2017)
| Page Range | 45807-45809 | |
| FR Document | 2017-21055 |
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)] [Notices] [Pages 45807-45809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21055] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-122-860] 100- to 150-Seat Large Civil Aircraft From Canada: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of 100- to 150-seat large civil aircraft (aircraft) from Canada. The period of investigation is January 1, 2016, through December 31, 2016. DATES: Applicable October 2, 2017. FOR FURTHER INFORMATION CONTACT: Andrew Medley or Ross Belliveau, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987, or (202) 482-4952, respectively. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on May 26, 2017.\1\ On July 5, 2017, the Department postponed the preliminary determination of this investigation and the revised deadline is now September 25, 2017.\2\ For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.\3\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See 100- to 150-Seat Large Civil Aircraft From Canada: Initiation of Countervailing Duty Investigation, 82 FR 24292 (May 26, 2017) (Initiation Notice). \2\ See 100- to 150-Seat Large Civil Aircraft from Canada: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 82 FR 31045 (July 5, 2017). \3\ See Memorandum, ``Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of 100- to 150-Seat Large Civil Aircraft from Canada,'' dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is aircraft from Canada. For a complete description of the scope of the investigation, see Appendix I. Scope Comments In accordance with the preamble to the Department's regulations,\4\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).\5\ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. The Department intends to issue its preliminary decision regarding comments concerning the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations in the preliminary determination of the companion AD investigation. --------------------------------------------------------------------------- \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). \5\ See Initiation Notice. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, the Department preliminarily determines that there is a subsidy, i.e., a financial contribution by an ``authority'' that gives rise to a benefit to the recipient, and that the subsidy is specific.\6\ --------------------------------------------------------------------------- \6\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department is aligning the final CVD determination in this investigation with the final [[Page 45808]] determination in the companion AD investigation of aircraft from Canada based on a request made by the petitioner.\7\ Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than December 18, 2017, unless postponed. --------------------------------------------------------------------------- \7\ See Letter from The Boeing Company (the petitioner), ``100- To 150-Seat Large Civil Aircraft from Canada: Request for Alignment of Countervailing Duty Final Determination with Antidumping Duty Final Determination,'' dated September 11, 2017. --------------------------------------------------------------------------- All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, the Department shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. The Department calculated an individual estimated countervailable subsidy rate for Bombardier, Inc. (Bombardier), the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the estimated weighted-average rate calculated for Bombardier is the rate assigned to all-other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Preliminary Determination The Department preliminarily determines that the following estimated countervailable subsidy rates exist: --------------------------------------------------------------------------- \8\ As discussed in the Preliminary Decision Memorandum, the Department has found the following companies to be cross-owned with Bombardier: C Series Aircraft Limited Partnership; Short Brothers PLC; BT (Investment) UK Limited. ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ Bombardier, Inc. \8\.................................... 219.63 All-Others.............................................. 219.63 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the rates indicated above. Disclosure The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice, in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. International Trade Commission Notification In accordance with section 703(f) of the Act, the Department will notify the International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will make its final determination before the later of 120 days after the date of this preliminary determination or 45 days after the final determination. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: September 25, 2017. Carole Showers, Executive Director, Office of Policy, performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation is aircraft, regardless of seating configuration, that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below. ``Standard 100- to 150-seat two-class seating capacity'' refers to the capacity to accommodate 100 to 150 passengers, when eight passenger seats are configured for a 36-inch pitch, and the remaining passenger seats are configured for a 32-inch pitch. ``Pitch'' is the distance between a point on one seat and the same point on the seat in front of it. ``Standard 100- to 150-seat two-class seating capacity'' does not delineate the number of seats actually in a subject aircraft or the actual seating configuration of a subject aircraft. Thus, the number of seats actually in a subject aircraft may be below 100 or exceed 150. A ``minimum 2,900 nautical mile range'' means: (i) Able to transport between 100 and 150 passengers and their luggage on routes equal to or longer than 2,900 nautical miles; or (ii) covered by a U.S. Federal Aviation Administration (FAA) type certificate or supplemental type certificate that also covers other aircraft with a minimum 2,900 nautical mile range. The scope includes all aircraft covered by the description above, regardless of whether they enter the United States fully or partially assembled, and regardless of whether, at the time of entry into the United States, they are approved for use by the FAA. The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheading 8802.40.0040. The merchandise may alternatively be classifiable under HTSUS subheading 8802.40.0090. Although these HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the investigation is dispositive. [[Page 45809]] Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Injury Test V. Subsidies Valuation VI. Analysis of Programs VII. Conclusion [FR Doc. 2017-21055 Filed 9-29-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45807
Assessment, or an Environmental Dated: September 26, 2017. discussed in the Preliminary Decision
Impact Statement. Andrew McGilvray, Memorandum is included as Appendix
Dated: September 26, 2017. Executive Secretary. II to this notice. The Preliminary
Amanda Goebel Pereira, [FR Doc. 2017–21054 Filed 9–29–17; 8:45 am] Decision Memorandum is a public
BILLING CODE 3510–DS–P document and is on file electronically
NEPA Coordinator, First Responder Network
Authority.
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
[FR Doc. 2017–20933 Filed 9–29–17; 8:45 am]
DEPARTMENT OF COMMERCE Centralized Electronic Service System
BILLING CODE 3510–60–P
(ACCESS). ACCESS is available to
International Trade Administration registered users at http://
DEPARTMENT OF COMMERCE [C–122–860] access.trade.gov, and is available to all
parties in the Central Records Unit,
Foreign-Trade Zones Board 100- to 150-Seat Large Civil Aircraft room B8024 of the main Department of
From Canada: Preliminary Affirmative Commerce building. In addition, a
[B–60–2017] Countervailing Duty Determination and complete version of the Preliminary
Alignment of Final Determination With Decision Memorandum can be accessed
Foreign-Trade Zone 123—Denver, Final Antidumping Duty Determination directly at http://enforcement.trade.gov/
Colorado; Application for Subzone; frn/. The signed and electronic versions
Ackerman North America LLC/dba AGENCY: Enforcement and Compliance,
of the Preliminary Decision
Amann USA, Broomfield, Colorado International Trade Administration,
Memorandum are identical in content.
Department of Commerce.
An application has been submitted to SUMMARY: The Department of Commerce Scope of the Investigation
the Foreign-Trade Zones Board (the (the Department) preliminarily
Board) by the City and County of The product covered by this
determines that countervailable investigation is aircraft from Canada.
Denver, Colorado, grantee of FTZ 123, subsidies are being provided to
requesting subzone status for the facility For a complete description of the scope
producers and exporters of 100- to 150- of the investigation, see Appendix I.
of Ackerman North America LLC/dba seat large civil aircraft (aircraft) from
Amann USA, located in Broomfield, Canada. The period of investigation is Scope Comments
Colorado. The application was January 1, 2016, through December 31, In accordance with the preamble to
submitted pursuant to the provisions of 2016. the Department’s regulations,4 the
the Foreign-Trade Zones Act, as DATES: Applicable October 2, 2017. Initiation Notice set aside a period of
amended (19 U.S.C. 81a–81u), and the FOR FURTHER INFORMATION CONTACT: time for parties to raise issues regarding
regulations of the Board (15 CFR part Andrew Medley or Ross Belliveau, AD/ product coverage, (i.e., scope).5 Certain
400). It was formally docketed on CVD Operations, Office II, Enforcement interested parties commented on the
September 26, 2017. and Compliance, International Trade scope of the investigation as it appeared
The proposed subzone (0.07 acres) is Administration, U.S. Department of in the Initiation Notice. The Department
located at 452 Burbank Street, Commerce, 1401 Constitution Avenue intends to issue its preliminary decision
Broomfield, Colorado. No authorization NW., Washington, DC 20230; telephone: regarding comments concerning the
for production activity has been (202) 482–4987, or (202) 482–4952, scope of the antidumping duty (AD) and
requested at this time. respectively. countervailing duty (CVD)
In accordance with the Board’s investigations in the preliminary
regulations, Christopher Kemp of the SUPPLEMENTARY INFORMATION:
determination of the companion AD
FTZ Staff is designated examiner to Background investigation.
review the application and make
This preliminary determination is
recommendations to the FTZ Board. Methodology
made in accordance with section 703(b)
Public comment is invited from The Department is conducting this
of the Tariff Act of 1930, as amended
interested parties. Submissions shall be investigation in accordance with section
(the Act). The Department published the
addressed to the Board’s Executive 701 of the Act. For each of the subsidy
notice of initiation of this investigation
Secretary at the address below. The programs found countervailable, the
on May 26, 2017.1 On July 5, 2017, the
closing period for their receipt is Department preliminarily determines
Department postponed the preliminary
November 13, 2017. Rebuttal comments that there is a subsidy, i.e., a financial
determination of this investigation and
in response to material submitted contribution by an ‘‘authority’’ that
the revised deadline is now September
during the foregoing period may be gives rise to a benefit to the recipient,
25, 2017.2 For a complete description of
submitted during the subsequent 15-day and that the subsidy is specific.6
the events that followed the initiation of
period to November 27, 2017.
this investigation, see the Preliminary Alignment
A copy of the application will be
Decision Memorandum.3 A list of topics
available for public inspection at the As noted in the Preliminary Decision
Office of the Executive Secretary, 1 See 100- to 150-Seat Large Civil Aircraft From Memorandum, in accordance with
Foreign-Trade Zones Board, Room Canada: Initiation of Countervailing Duty section 705(a)(1) of the Act and 19 CFR
21013, U.S. Department of Commerce, Investigation, 82 FR 24292 (May 26, 2017) 351.210(b)(4), the Department is
1401 Constitution Avenue NW., (Initiation Notice). aligning the final CVD determination in
2 See 100- to 150-Seat Large Civil Aircraft from
Washington, DC 20230–0002, and in the
sradovich on DSK3GMQ082PROD with NOTICES
Canada: Postponement of Preliminary
this investigation with the final
‘‘Reading Room’’ section of the Board’s Determination in the Countervailing Duty
Web site, which is accessible via Investigation, 82 FR 31045 (July 5, 2017). 4 See Antidumping Duties; Countervailing Duties,
www.trade.gov/ftz. 3 See Memorandum, ‘‘Decision Memorandum for Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice.
For further information, contact the Preliminary Determination of the
Countervailing Duty Investigation of 100- to 150- 6 See sections 771(5)(B) and (D) of the Act
Christopher Kemp at Seat Large Civil Aircraft from Canada,’’ dated regarding financial contribution; section 771(5)(E)
Christopher.Kemp@trade.gov or (202) concurrently with, and hereby adopted by, this of the Act regarding benefit; and section 771(5A) of
482–0862. notice (Preliminary Decision Memorandum). the Act regarding specificity.
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![Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 45809
Appendix II On September 15, the ITC published its These instructions suspending
List of Topics Discussed in the Preliminary
final determination in the Federal liquidation will remain in effect until
Decision Memorandum Register.3 further notice.
I. Summary Scope of the Order The Department will also instruct
II. Background CBP to require cash deposits for
III. Scope of the Investigation The product covered by this order is estimated antidumping duties equal to
IV. Injury Test rebar from Taiwan. For a complete the estimated weighted-average
V. Subsidies Valuation description of the scope of the order, see dumping margins indicated below.
VI. Analysis of Programs the Appendix to this notice. Accordingly, effective September 15,
VII. Conclusion
Antidumping Duty Order 2017, the date of publication of the
[FR Doc. 2017–21055 Filed 9–29–17; 8:45 am] ITC’s final affirmative determination in
In accordance with section 735(d) of
BILLING CODE 3510–DS–P the Federal Register, CBP will require,
the Act, the ITC notified the Department
at the same time as importers would
of its final determination in this
normally deposit estimated duties on
DEPARTMENT OF COMMERCE investigation, in which it found that an
this subject merchandise, a cash deposit
industry in the United States is
equal to the estimated weighted-average
International Trade Administration materially injured by reason of imports
dumping margins listed below.5 The
of rebar from Taiwan. Therefore, in
[A–583–859] relevant all-others rates apply to all
accordance with section 735(c)(2) of the
producers or exporters not specifically
Steel Concrete Reinforcing Bar From Act, we are issuing this antidumping
listed below.
Taiwan: Antidumping Duty Order duty order. Because the ITC determined
that imports of rebar from Taiwan are Provisional Measures
AGENCY: Enforcement and Compliance, materially injuring a U.S. industry,
International Trade Administration, unliquidated entries of such Section 733(d) of the Act states that
Department of Commerce. merchandise from Taiwan, entered or the suspension of liquidation pursuant
ACTION: Notice. withdrawn from warehouse for to an affirmative preliminary
consumption, are subject to the determination may not remain in effect
SUMMARY: Based on an affirmative final assessment of antidumping duties. for more than four months, except
determination by the Department of Therefore, in accordance with section where exporters representing a
Commerce (the Department) and the 736(a)(1) of the Act, the Department will significant proportion of exports of the
International Trade Commission (ITC), direct U.S. Customs and Border subject merchandise request the
the Department is issuing the Protection (CBP) to assess, upon further Department to extend that four-month
antidumping duty (AD) order on steel instruction by the Department, period to no more than six months. At
concrete reinforcing bar (rebar) from antidumping duties equal to the amount the request of exporters that account for
Taiwan. by which the normal value of the a significant proportion of rebar from
DATES: Applicable: October 2, 2017. merchandise exceeds the export price Taiwan, the Department extended the
(or constructed export price) of the four-month period to six months in this
FOR FURTHER INFORMATION CONTACT: Jun
merchandise, for all relevant entries of case.6 The Department published the
Jack Zhao or Kathryn Wallace at (202)
rebar from Taiwan. Antidumping duties preliminary determination on March 7,
482–1396 and (202) 482–6251,
will be assessed on unliquidated entries 2017. Therefore, the extended period,
respectively, AD/CVD Operations,
of rebar from Taiwan entered, or beginning on the date of publication of
Office VII, Enforcement and
withdrawn from warehouse, for the preliminary determination, ended
Compliance, International Trade
consumption on or after March 7, 2017, on September 3, 2017. Furthermore,
Administration, Department of
the date of publication of the section 737(b) of the Act states that the
Commerce, 1401 Constitution Avenue
Preliminary Determination,4 but will collection of final cash deposits will
NW., Washington, DC 20230.
not include entries occurring after the begin on the date of publication of the
SUPPLEMENTARY INFORMATION: ITC’s final injury determination.
expiration of the provisional measures
Background period and before publication in the Therefore, in accordance with section
In accordance with sections 735(d) Federal Register of the ITC’s injury 733(d) of the Act and our practice, we
and 777(i)(1) of the Tariff Act of 1930, determination, as further described will instruct CBP to terminate the
as amended (the Act) and 19 CFR below. suspension of liquidation and to
351.210(c), on June 27, 2017 the Suspension of Liquidation liquidate, without regard to
Department published its affirmative antidumping duties, unliquidated
In accordance with section entries of rebar from Taiwan entered, or
final determination in the less-than-fair-
735(c)(1)(B) of the Act, the Department withdrawn from warehouse, for
value (LTFV) investigation of rebar from
will instruct CBP to continue to suspend consumption after September 3, 2017,
Taiwan.1 On September 11, 2017, the
liquidation of all relevant entries of until and through September 14, 2017,
ITC notified the Department of its final
rebar from Taiwan, effective the date of the day preceding the date of
determination that an industry in the
publication of the ITC’s notice of final publication of the ITC’s final injury
United States is materially injured by
determination in the Federal Register. determination in the Federal Register.
reason of LTFV imports of subject
merchandise from Taiwan within the
sradovich on DSK3GMQ082PROD with NOTICES
Final Determination); see also Steel Concrete Estimated Weighted-Average Dumping
meaning of 735(b)(1)(A)(i) of the Act.2 Reinforcing Bar from Taiwan, Investigation No. Margins
731–TA–1339 (Final) (September 2017).
1 See Steel Concrete Reinforcing Bar from Taiwan: 3 See Steel Concrete Reinforcing Bar from Taiwan,
The weighted-average antidumping
Final Determination of Sales at Less Than Fair 82 FR 43403 (September 15, 2017). duty margin percentages are as follows:
Value, 82 FR 34925 (June 27, 2017) (Final 4 See Steel Concrete Reinforcing Bar from Taiwan:
Determination). Preliminary Affirmative Determination of Sales at
2 See Letter from the ITC to the Honorable Gary 5 See section 736(a)(3) of the Act.
Less Than Fair Value, 82 FR 12800 (March 7, 2017)
Taverman, September 11, 2017 (Notification of ITC (Preliminary Determination). 6 See Preliminary Determination 82 FR at 12801.
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Document Created: 2017-09-30 04:41:17
Document Modified: 2017-09-30 04:41:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable October 2, 2017. | |
| Contact | Andrew Medley or Ross Belliveau, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987, or (202) 482-4952, respectively. | |
| FR Citation | 82 FR 45807 |
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