82 FR 61255 - 100- to 150-Seat Large Civil Aircraft From Canada: Final Affirmative Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 247 (December 27, 2017)
International Trade Administration
Federal Register Volume 82, Issue 247 (December 27, 2017)
| Page Range | 61255-61257 | |
| FR Document | 2017-27874 |
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)] [Notices] [Pages 61255-61257] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27874] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-122-859] 100- to 150-Seat Large Civil Aircraft From Canada: Final Affirmative Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that 100- to 150-seat large civil aircraft (aircraft) from Canada are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. The final estimated dumping margins of sales at LTFV are listed below in the section entitled ``Final Determination.'' DATES: Applicable December 27, 2017. FOR FURTHER INFORMATION CONTACT: Drew Jackson or Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-6412, respectively. SUPPLEMENTARY INFORMATION: Background On October 13, 2017, the Department published the Preliminary Determination in this LTFV the investigation, as provided by section 733 of the Tariff Act of 1930, as amended (Act), in which the Department found that aircraft from Canada were sold at LTFV.\1\ A summary of the events that have occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.\2\ The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. --------------------------------------------------------------------------- \1\ See 100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 82 FR 47697 (October 13, 2017) (Preliminary Determination) and accompanying memorandum, ``Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of 100- to 150-Seat Large Civil Aircraft from Canada,'' dated October 4, 2017 (Preliminary Decision Memorandum). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less Than Fair Value Investigation of 100- to 150-Seat Large Civil Aircraft from Canada'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- [[Page 61256]] Scope of the Investigation The products covered by this investigation are aircraft from Canada. For a complete description of the scope of the investigation, see Appendix I. Scope Comments Since issuing the Preliminary Determination, the Department received scope comments from interested parties, including scope comments in case briefs. Although certain parties requested that the Department modify the scope, the Department has not revised the scope of this investigation. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. As discussed in the Issues and Decision Memorandum, for the final determination the Department continues to base Bombardier Inc's estimated weighted-average dumping margin on facts otherwise available with an adverse inference (AFA), pursuant to sections 776(a)-(b) of the Act.\3\ --------------------------------------------------------------------------- \3\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- All-Others Rate As discussed in the Preliminary Determination, the Department based the ``All-Others'' rate on the dumping margin alleged in the Petition in accordance with section 735(c)(5)(B) of the Act.\4\ --------------------------------------------------------------------------- \4\ See Preliminary Determination. --------------------------------------------------------------------------- Final Determination The Department determines that the following estimated weighted- average dumping margins exist: ------------------------------------------------------------------------ Estimated weighted- average Cash deposit rate (adjusted Exporter/ producer dumping for subsidy offset(s)) margin (percent) (percent) ------------------------------------------------------------------------ Bombardier, Inc................ 79.82 Not Applicable. All-Others..................... 79.82 Not Applicable. ------------------------------------------------------------------------ Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of aircraft from Canada, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after October 13, 2017, the date of publication of the Preliminary Determination of this investigation in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 351.210(d), CBP shall require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondent listed above will be equal to the company-specific estimated weighted-average dumping margin determined in this final determination; (2) if the exporter is not the respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted- average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin. The Department normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. However, because the Department did not make an affirmative determination for countervailable export subsidies in the companion CVD proceeding, the Department has not adjusted the estimated weighted-average dumping margin to offset countervailable export subsidies. Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with a final determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of final determination in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department applied total AFA to the individually examined company, Bombardier Inc., in accordance with section 776 of the Act, and the applied AFA rate is based solely on the Petition, there are no calculations to disclose. International Trade Commission Notification In accordance with section 735(d) of the Act, the Department will notify the U.S. International Trade Commission (ITC) of the its final determination of sales at LTFV. As the final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine within 45 days of the final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury exists, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties This determination and notice are issued and published in accordance with sections 735(d) and 777(i) of the Act. Dated: December 18, 2017. P. Lee Smith, Deputy Assistant Secretary for Policy and Negotiations. 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: [[Page 61257]] (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. Appendix II List of Topics in the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Discussion of the Issues: Comment 1: Application of Adverse Facts Available Comment 2: Whether Sales or Likely Sales Occurred During the POI Comment 3: Adequacy of Petition Comment 4: Revision of the Seating Capacity Comment 5: Removal of Nautical Mile Range Criterion Comment 6: Airbus-Bombardier Transaction VI. Recommendation [FR Doc. 2017-27874 Filed 12-26-17; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 61255
DEPARTMENT OF COMMERCE workforce development. The from Canada are being, or are likely to
Committee’s subcommittees will report be, sold in the United States at less than
International Trade Administration on the status of their work regarding fair value (LTFV). The period of
these topics. The agenda may change to investigation (POI) is April 1, 2016,
Advisory Committee on Supply Chain accommodate other Committee through March 31, 2017. The final
Competitiveness: Notice of Public business. The Office of Supply Chain, estimated dumping margins of sales at
Meetings Professional & Business Services will LTFV are listed below in the section
AGENCY: International Trade post the final detailed agendas on its entitled ‘‘Final Determination.’’
Administration, U.S. Department of website, http://trade.gov/td/services/
oscpb/supplychain/acscc/, at least one DATES: Applicable December 27, 2017.
Commerce.
week prior to the meeting. FOR FURTHER INFORMATION CONTACT:
ACTION: Notice of open meetings.
The meetings will be open to the Drew Jackson or Lilit Astvatsatrian, AD/
SUMMARY: This notice sets forth the public and press on a first-come, first- CVD Operations, Office IV, Enforcement
schedule and proposed topics of served basis. Space is limited. The and Compliance, International Trade
discussion for public meetings of the public meetings are physically Administration, U.S. Department of
Advisory Committee on Supply Chain accessible to people with disabilities. Commerce, 1401 Constitution Avenue
Competitiveness (Committee). Individuals requiring accommodations, NW, Washington, DC 20230; telephone:
DATES: The meetings will be held on
such as sign language interpretation or (202) 482–4406 or (202) 482–6412,
January 17, 2018, from 12:00 p.m. to other ancillary aids, are asked to notify respectively.
3:00 p.m., and January 18, 2018, from Mr. Richard Boll, at (202) 482–1135 or
9:00 a.m. to 4:00 p.m., Eastern Standard richard.boll@trade.gov five (5) business SUPPLEMENTARY INFORMATION:
Time (EST). days before the meeting.
Interested parties are invited to Background
ADDRESSES: The meetings on January 17
submit written comments to the On October 13, 2017, the Department
and 18 will be held at the U.S. Committee at any time before and after
Department of Commerce, 1401 published the Preliminary
the meeting. Parties wishing to submit
Constitution Avenue NW, Research Determination in this LTFV the
written comments for consideration by
Library (Room 1894), Washington, DC investigation, as provided by section
the Committee in advance of this
20230. 733 of the Tariff Act of 1930, as
meeting must send them to the Office of
amended (Act), in which the
FOR FURTHER INFORMATION CONTACT: Supply Chain, Professional & Business
Department found that aircraft from
Richard Boll, Office of Supply Chain, Services, 1401 Constitution Ave. NW,
Professional & Business Services Room 11014, Washington, DC 20230, or Canada were sold at LTFV.1 A summary
(OSCPBS), International Trade email to richard.boll@trade.gov. of the events that have occurred since
Administration. (Phone: (202) 482–1135 For consideration during the the Department published the
or Email: richard.boll@trade.gov.) meetings, and to ensure transmission to Preliminary Determination, as well as a
the Committee prior to the meetings, full discussion of the issues raised by
SUPPLEMENTARY INFORMATION:
comments must be received no later parties for this final determination, may
Background: The Committee was
than 5:00 p.m. EST on January 10, 2018. be found in the Issues and Decision
established under the discretionary
Comments received after January 10, Memorandum, which is hereby adopted
authority of the Secretary of Commerce
2018, will be distributed to the by this notice.2 The Issues and Decision
and in accordance with the Federal
Committee, but may not be considered Memorandum is a public document and
Advisory Committee Act (5 U.S.C.
App.). It provides advice to the at the meetings. The minutes of the is on file electronically via Enforcement
Secretary of Commerce on the necessary meetings will be posted on the and Compliance’s Antidumping and
elements of a comprehensive policy Committee website within 60 days of Countervailing Duty Centralized
approach to supply chain the meeting. Electronic Service System (ACCESS).
competitiveness designed to support ACCESS is available to registered users
Dated: December 20, 2017.
U.S. export growth and national at https://access.trade.gov, and to all
Maureen Smith,
economic competitiveness, encourage parties in the Central Records Unit,
Director, Office of Supply Chain. Room B8024 of the main Department of
innovation, facilitate the movement of [FR Doc. 2017–27866 Filed 12–26–17; 8:45 am]
goods, and improve the competitiveness Commerce building. In addition, a
of U.S. supply chains for goods and
BILLING CODE 3510–DR–P complete version of the Issues and
services in the domestic and global Decision Memorandum can be accessed
economy; and provides advice to the directly at http://enforcement.trade.gov/
DEPARTMENT OF COMMERCE
Secretary on regulatory policies and frn/.
programs and investment priorities that International Trade Administration
affect the competitiveness of U.S. 1 See 100- to 150-Seat Large Civil Aircraft from
supply chains. For more information [A–122–859] Canada: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, 82 FR 47697
about the Committee visit: http:// 100- to 150-Seat Large Civil Aircraft (October 13, 2017) (Preliminary Determination) and
trade.gov/td/services/oscpb/ From Canada: Final Affirmative accompanying memorandum, ‘‘Decision
supplychain/acscc/. Determination of Sales at Less Than
Memorandum for the Preliminary Determination in
Matters To Be Considered: Committee the Less-Than-Fair-Value Investigation of 100- to
Fair Value
daltland on DSKBBV9HB2PROD with NOTICES
150-Seat Large Civil Aircraft from Canada,’’ dated
members are expected to continue to October 4, 2017 (Preliminary Decision
discuss the major competitiveness- AGENCY: Enforcement and Compliance, Memorandum).
related topics raised at the previous International Trade Administration, 2 See Memorandum, ‘‘Issues and Decision
Committee meetings, including trade Department of Commerce. Memorandum for the Final Affirmative
Determination in the Less Than Fair Value
and competitiveness; freight movement SUMMARY: The Department of Commerce
Investigation of 100- to 150-Seat Large Civil Aircraft
and policy; trade innovation; regulatory (the Department) determines that 100- to from Canada’’ dated concurrently with this notice
issues; finance and infrastructure; and 150-seat large civil aircraft (aircraft) (Issues and Decision Memorandum).
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![Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 61257
(i) Able to transport between 100 and 150 sector. This notice is the initial step for By accelerating dissemination and use
passengers and their luggage on routes equal the National Cybersecurity Center of of these integrated tools and
to or longer than 2,900 nautical miles; or Excellence (NCCoE) in collaborating technologies for protecting IT assets, the
(ii) covered by a U.S. Federal Aviation
with technology companies to address NCCoE will enhance trust in U.S. IT
Administration (FAA) type certificate or
supplemental type certificate that also covers cybersecurity challenges identified communications, data, and storage
other aircraft with a minimum 2,900 nautical under the Financial Services sector systems; reduce risk for companies and
mile range. program. Participation in the use case is individuals using IT systems; and
The scope includes all aircraft covered by open to all interested organizations. encourage development of innovative,
the description above, regardless of whether DATES: Interested parties must contact job-creating cybersecurity products and
they enter the United States fully or partially NIST to request a letter of interest services.
assembled, and regardless of whether, at the template to be completed and submitted Process: NIST is soliciting responses
time of entry into the United States, they are from all sources of relevant security
approved for use by the FAA.
to NIST. Letters of interest will be
accepted on a first come, first served capabilities (see below) to enter into a
The merchandise covered by this
investigation is currently classifiable under basis. Collaborative activities will Cooperative Research and Development
Harmonized Tariff Schedule of the United commence as soon as enough completed Agreement (CRADA) to provide
States (HTSUS) subheading 8802.40.0040. and signed letters of interest have been products and technical expertise to
The merchandise may alternatively be returned to address all the necessary support and demonstrate security
classifiable under HTSUS subheading components and capabilities, but no platforms for the Privileged Account
8802.40.0090. Although these HTSUS earlier than January 26, 2018. When the Management for the Financial Services
subheadings are provided for convenience use case has been completed, NIST will Sector. The full use case can be viewed
and customs purposes, the written post a notice on the NCCoE Financial at: https://nccoe.nist.gov/projects/use-
description of the scope of the investigation cases/privileged-account-management.
is dispositive.
Services sector program website at
https://nccoe.nist.gov/projects/use- Interested parties should contact NIST
Appendix II cases/privileged-account-management using the information provided in the
announcing the completion of the use FOR FURTHER INFORMATION CONTACT
List of Topics in the Issues and Decision section of this notice. NIST will then
Memorandum case and informing the public that it
will no longer accept letters of interest provide each interested party with a
I. Summary letter of interest template, which the
II. Background for this use case.
party must complete, certify that it is
III. Scope Comments ADDRESSES: The NCCoE is located at
accurate, and submit to NIST. NIST will
IV. Scope of the Investigation 9700 Great Seneca Highway, Rockville,
V. Discussion of the Issues: contact interested parties if there are
MD 20850. Letters of interest must be
Comment 1: Application of Adverse Facts questions regarding the responsiveness
submitted to Financial_NCCoE@nist.gov
Available of the letters of interest to the use case
or via hardcopy to National Institute of
Comment 2: Whether Sales or Likely Sales objective or requirements identified
Standards and Technology, NCCoE;
Occurred During the POI below. NIST will select participants
9700 Great Seneca Highway, Rockville,
Comment 3: Adequacy of Petition who have submitted complete letters of
Comment 4: Revision of the Seating MD 20850. Organizations whose letters
interest on a first come, first served
Capacity of interest are accepted in accordance
basis within each category of product
Comment 5: Removal of Nautical Mile with the process set forth in the components or capabilities listed below
Range Criterion SUPPLEMENTARY INFORMATION section of
up to the number of participants in each
Comment 6: Airbus-Bombardier this notice will be asked to sign a
Transaction category necessary to carry out this use
consortium Cooperative Research and case. However, there may be continuing
VI. Recommendation Development Agreement (CRADA) with opportunity to participate even after
[FR Doc. 2017–27874 Filed 12–26–17; 8:45 am] NIST. An NCCoE consortium CRADA initial activity commences. Selected
BILLING CODE 3510–DS–P template can be found at: http:// participants will be required to enter
nccoe.nist.gov/node/138. into a consortium CRADA with NIST
FOR FURTHER INFORMATION CONTACT: (for reference, see ADDRESSES section
DEPARTMENT OF COMMERCE James Banoczi via email to Financial_ above). NIST published a notice in the
NCCoE@nist.gov; by telephone 301– Federal Register on October 19, 2012
National Institute of Standards and
975–0200; or by mail to National (77 FR 64314) inviting U.S. companies
Technology
Institute of Standards and Technology, to enter into National Cybersecurity
[Docket No. 171205999–7999–01] NCCoE; 9700 Great Seneca Highway, Excellence Partnerships (NCEPs) in
Rockville, MD 20850. Additional details furtherance of the NCCoE. For this
National Cybersecurity Center of about the Financial Services sector demonstration project, NCEP partners
Excellence (NCCoE) Privileged program are available at https:// will not be given priority for
Account Management for the Financial nccoe.nist.gov/projects/use-cases/ participation.
Services Sector privileged-account-management. Use Case Objective: Privileged
AGENCY: National Institute of Standards SUPPLEMENTARY INFORMATION: Account Management (PAM) is a
and Technology, Department of Background: The NCCoE, part of domain within Identity and Access
Commerce. NIST, is a public-private collaboration Management (IdAM) that focuses on
ACTION: Notice. for accelerating the widespread monitoring and controlling the use of
adoption of integrated cybersecurity privileged accounts. Privileged accounts
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY: The National Institute of tools and technologies. The NCCoE are the IT system accounts that include
Standards and Technology (NIST) brings together experts from industry, local and domain administrative
invites organizations to provide government, and academia under one accounts, emergency accounts,
products and technical expertise to roof to develop practical, interoperable application management, and service
support and demonstrate security cybersecurity approaches that address accounts. These powerful accounts
platforms for the Privileged Account the real-world needs of complex provide elevated, often nonrestricted
Management for the Financial Services Information Technology (IT) systems. access to the underlying IT resources
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Document Created: 2017-12-27 02:22:41
Document Modified: 2017-12-27 02:22:41
| 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 December 27, 2017. | |
| Contact | Drew Jackson or Lilit Astvatsatrian, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 482-6412, respectively. | |
| FR Citation | 82 FR 61255 |
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