82_FR_8741 82 FR 8723 - Certain Artist Canvas From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order

82 FR 8723 - Certain Artist Canvas From the People's Republic of China: Final Results of the Expedited Second Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 18 (January 30, 2017)

Page Range8723-8724
FR Document2017-01951

As a result of this sunset review, the Department of Commerce (``Department'') finds that revocation of the antidumping duty (``AD'') order on certain artist canvas from the People's Republic of China would be likely to lead to the continuation or recurrence of dumping at the dumping margins identified in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 82 Issue 18 (Monday, January 30, 2017)
[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8723-8724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01951]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-899]


Certain Artist Canvas From the People's Republic of China: Final 
Results of the Expedited Second Sunset Review of the Antidumping Duty 
Order

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


[[Page 8724]]


SUMMARY: As a result of this sunset review, the Department of Commerce 
(``Department'') finds that revocation of the antidumping duty (``AD'') 
order on certain artist canvas from the People's Republic of China 
would be likely to lead to the continuation or recurrence of dumping at 
the dumping margins identified in the ``Final Results of Review'' 
section of this notice.

DATES: Effective March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Paul Stolz; AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230; telephone: 202-482-4474.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, the Department published the notice of 
initiation of the second sunset review of the AD Order \1\ on certain 
artist canvas from the People's Republic of China (``PRC'') pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). On 
October 17, 2016, Tara Materials, Inc., (``Tara Materials''),\2\ BF 
Inkjet Digital Inc., IJ Technologies, Inc. and Permalite Inc. 
(``Domestic Interested Parties''), notified the Department that they 
intended to participate in the sunset review. On November 2, 2016, the 
Domestic Interested Parties submitted a substantive response. The 
Department did not receive a substantive response from any respondent 
party. Based on the notice of intent to participate and adequate 
response filed by the Domestic Interested Parties, and the lack of 
response from any respondent interested party, the Department conducted 
an expedited sunset review of the Order pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 67967 
(October 3, 2016) (``Sunset Initiation''); see also Notice of 
Antidumping Duty Order: Certain Artist Canvas from the People's 
Republic of China, 71 FR 31154 (June 1, 2006) (``Order'').
    \2\ Tara Materials was the Petitioner in the underlying 
investigation.
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are artist canvases regardless of 
dimension and/or size, whether assembled or unassembled, that have been 
primed/coated, whether or not made from cotton, whether or not 
archival, whether bleached or unbleached, and whether or not containing 
an ink receptive top coat. Priming/coating includes the application of 
a solution, designed to promote the adherence of artist materials, such 
as paint or ink, to the fabric. Artist canvases (i.e., pre-stretched 
canvases, canvas panels, canvas pads, canvas rolls (including bulk 
rolls that have been primed), printable canvases, floor cloths, and 
placemats) are tightly woven prepared painting and/or printing 
surfaces. Artist canvas and stretcher strips (whether or not made of 
wood and whether or not assembled) included within a kit or set are 
covered by the order.
    Artist canvases subject to the order are currently classifiable 
under subheadings 5901.90.20.00, 5901.90.40.00, 5903.90.2500, 
5903.90.2000, 5903.90.1000, 5907.00.8090, 5907.00.8010, and 
5907.00.6000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Specifically excluded from the scope of the order are 
tracing cloths, ``paint-by-number'' or ``paint-it-yourself'' artist 
canvases with a copyrighted preprinted outline, pattern, or design, 
whether or not included in a painting set or kit.\3\ Also excluded are 
stretcher strips, whether or not made from wood, so long as they are 
not incorporated into artist canvases or sold as part of an artist 
canvas kit or set. While the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.
---------------------------------------------------------------------------

    \3\ Artist canvases with a non-copyrighted preprinted outline, 
pattern, or design are included in the scope, whether or not 
included in a painting set or kit.
---------------------------------------------------------------------------

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
addressed in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice.\4\ The issues discussed in the 
accompanying I&D Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the Order is revoked. The I&D Memo 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 
at http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \4\ See the Department's memorandum entitled, ``Issues and 
Decision Memorandum for the Final Results of the Expedited Second 
Sunset Review of the Antidumping Duty Order on Certain Artist Canvas 
from the People's Republic of China,'' dated concurrently with this 
notice (``I&D Memo'').
---------------------------------------------------------------------------

Final Results of Sunset Review

    Pursuant to section 751(c) of the Act, the Department determines 
that revocation of the Order on certain artist canvas would likely lead 
to continuation or recurrence of dumping and that the magnitude of the 
margins of dumping likely to prevail is up to 264.09 percent.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: January 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-01951 Filed 1-27-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                                Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices                                                    8723

                                                  that a weighted-average dumping                         Assessment Rates                                        investigation.10 These cash deposit
                                                  margin of 0.00 percent exists for JBL                      Upon completion of the                               requirements, when imposed, shall
                                                  Canada for the period May 1, 2015,                      administrative review, the Department                   remain in effect until further notice.
                                                  through April 30, 2016.                                 shall determine, and U.S. Customs and                   Notification to Importers
                                                  Disclosure and Public Comment                           Border Protection (CBP) shall assess                      This notice also serves as a
                                                                                                          upon issuance of the final results,                     preliminary reminder to importers of
                                                     The Department intends to disclose                   antidumping duties on all appropriate
                                                  the calculations performed in                                                                                   their responsibility under 19 CFR
                                                                                                          entries covered by this review.8                        351.402(f)(2) to file a certificate
                                                  connection with these preliminary                          We calculated importer-specific ad
                                                  results to interested parties within five                                                                       regarding the reimbursement of
                                                                                                          valorem duty assessment rates based on                  antidumping duties prior to liquidation
                                                  days of the date of publication of this                 the ratio of the total amount of
                                                  notice in accordance with 19 CFR                                                                                of the relevant entries during this
                                                                                                          antidumping duties calculated for the                   review period. Failure to comply with
                                                  351.224(b).                                             examined sales to the total entered                     this requirement could result in the
                                                     Interested parties may submit case                   value of the examined sales to that                     Secretary’s presumption that
                                                  briefs to the Department no later than 30               importer. If JBL Canada’s calculated                    reimbursement of antidumping duties
                                                  days after the date of publication of this              weighted-average dumping margin is                      occurred and the subsequent assessment
                                                  notice.3 Rebuttal briefs, limited to issues             above de minimis in the final results of                of double antidumping duties.
                                                  raised in the case briefs, may be filed                 this review, we will instruct CBP to                      We are issuing and publishing these
                                                  not later than five days after the date for             assess antidumping duties on all                        results in accordance with sections
                                                  filing case briefs.4 Pursuant to 19 CFR                 appropriate entries covered by this                     751(a)(1) and 777(i)(1) of the Act, and 19
                                                  351.309(c)(2) and (d)(2), parties who                   review. If JBL Canada’s weighted-                       CFR 351.221(b)(4).
                                                  submit case briefs or rebuttal briefs in                average dumping margin continues to be
                                                  this proceeding are encouraged to                       zero or de minimis, or the importer-                      Dated: January 24, 2017.
                                                  submit with each argument: (1) A                        specific assessment rate is zero or de                  Ronald K. Lorentzen,
                                                  statement of the issue; (2) a brief                     minimis, we will instruct CBP to                        Assistant Secretary for Enforcement and
                                                  summary of the argument; and (3) a                      liquidate the appropriate entries                       Compliance.
                                                  table of authorities. Case and rebuttal                 without regard to antidumping duties.9                  Appendix—List of Topics Discussed in
                                                  briefs should be filed using ACCESS.5                      We intend to issue instructions to                   the Preliminary Decision Memorandum
                                                     Pursuant to 19 CFR 351.310(c),                       CBP 41 days after the date of
                                                                                                                                                                  I. Summary
                                                  interested parties who wish to request a                publication of the final results of this                II. Background
                                                  hearing must submit a written request to                review.                                                 III. Scope of the Order
                                                  the Assistant Secretary for Enforcement                 Cash Deposit Requirements                               IV. Discussion of the Methodology
                                                  and Compliance, filed electronically via                                                                           A. Normal Value Comparisons
                                                  ACCESS. An electronically-filed                            The following deposit requirements                      1. Determination of Comparison Method
                                                  document must be received successfully                  will be effective upon publication of the                  2. Results of the Differential Pricing
                                                  in its entirety by ACCESS by 5 p.m.                     notice of final results of administrative                     Analysis
                                                                                                          review for all shipments of the subject                    B. Product Comparisons
                                                  Eastern Standard Time within 30 days                                                                               C. Constructed Export Price
                                                  after the date of publication of this                   merchandise entered, or withdrawn
                                                                                                                                                                     D. Normal Value
                                                  notice. Requests should contain: (1) The                from warehouse, for consumption on or                      1. Home Market Viability as Comparison
                                                  party’s name, address, and telephone                    after the publication date, as provided                       Market
                                                  number; (2) the number of participants;                 by section 751(a)(2)(C) of the Act: (1)                    2. Level of Trade (LOT)
                                                  and (3) a list of issues parties intend to              The cash deposit rate for JBL Canada                       E. Cost of Production (COP) Analysis
                                                  be discuss. Issues raised in the hearing                will be the rate established in the final                  1. Calculation of COP
                                                  will be limited to those raised in the                  results of this review, except if the rate                 2. Test of Comparison Market Sales Prices
                                                                                                          is de minimis within the meaning of 19                     3. Results of the COP Test
                                                  respective case and rebuttal briefs. If a                                                                          F. Calculation of NV Based on Comparison
                                                  request for a hearing is made, the                      CFR 351.106(c)(1) (i.e., less than 0.50
                                                                                                                                                                        Market Prices
                                                  Department intends to hold the hearing                  percent), in which case the cash deposit                   G. Currency Conversion
                                                  at the U.S. Department of Commerce,                     rate will be zero; (2) for merchandise                  V. Recommendation
                                                  1401 Constitution Avenue NW.,                           exported by manufacturers or exporters
                                                                                                                                                                  [FR Doc. 2017–01977 Filed 1–27–17; 8:45 am]
                                                  Washington, DC 20230, at a time and                     not covered in this review but covered
                                                                                                                                                                  BILLING CODE 3510–DS–P
                                                  date to be determined.6 Parties should                  in a prior segment of the proceeding, the
                                                  confirm by telephone the date, time, and                cash deposit rate will continue to be the
                                                  location of the hearing two days before                 company-specific rate published for the                 DEPARTMENT OF COMMERCE
                                                  the scheduled date.                                     most recently-completed segment; (3) if
                                                     The Department intends to issue the                  the exporter is not a firm covered in this              International Trade Administration
                                                  final results of this administrative                    review, a prior review, or the original
                                                                                                          investigation, but the manufacturer is,                 [A–570–899]
                                                  review, including the results of its
                                                  analysis of issues raised in any written                the cash deposit rate will be the rate                  Certain Artist Canvas From the
                                                  briefs, not later than 120 days after the               established for the most recently-                      People’s Republic of China: Final
                                                  date of publication of this notice, unless              completed segment for the manufacturer                  Results of the Expedited Second
mstockstill on DSK3G9T082PROD with NOTICES




                                                  the deadline is extended.7                              of the merchandise; and (4) the cash                    Sunset Review of the Antidumping
                                                                                                          deposit rate for all other manufacturers                Duty Order
                                                    3 See
                                                                                                          or exporters will continue to be 23.21
                                                          19 CFR 351.309(c)(1)(ii).
                                                    4 See 19 CFR 351.309(d).
                                                                                                          percent, the all-others rate established                AGENCY:  Enforcement and Compliance,
                                                    5 See 19 CFR 351.303.                                 in the less-than-fair-value                             International Trade Administration,
                                                    6 See 19 CFR 351.310(c).                                                                                      Department of Commerce.
                                                    7 See section 751(a)(3)(A) of the Act and 19 CFR        8 See   19 CFR 351.212(b)(1).
                                                  351.213(h).                                               9 See   19 CFR 351.106(c)(2).                           10 See   the Order.



                                             VerDate Sep<11>2014   16:27 Jan 27, 2017   Jkt 241001   PO 00000   Frm 00005    Fmt 4703   Sfmt 4703   E:\FR\FM\30JAN1.SGM   30JAN1


                                                  8724                           Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices

                                                  SUMMARY:   As a result of this sunset                     materials, such as paint or ink, to the               enforcement.trade.gov/frn/. The signed
                                                  review, the Department of Commerce                        fabric. Artist canvases (i.e., pre-                   Issues and Decision Memorandum and
                                                  (‘‘Department’’) finds that revocation of                 stretched canvases, canvas panels,                    the electronic version of the Issues and
                                                  the antidumping duty (‘‘AD’’) order on                    canvas pads, canvas rolls (including                  Decision Memorandum are identical in
                                                  certain artist canvas from the People’s                   bulk rolls that have been primed),                    content.
                                                  Republic of China would be likely to                      printable canvases, floor cloths, and
                                                                                                            placemats) are tightly woven prepared                 Final Results of Sunset Review
                                                  lead to the continuation or recurrence of
                                                  dumping at the dumping margins                            painting and/or printing surfaces. Artist               Pursuant to section 751(c) of the Act,
                                                  identified in the ‘‘Final Results of                      canvas and stretcher strips (whether or               the Department determines that
                                                  Review’’ section of this notice.                          not made of wood and whether or not                   revocation of the Order on certain artist
                                                  DATES: Effective March 1, 2017.                           assembled) included within a kit or set               canvas would likely lead to
                                                                                                            are covered by the order.                             continuation or recurrence of dumping
                                                  FOR FURTHER INFORMATION CONTACT: Paul
                                                                                                               Artist canvases subject to the order               and that the magnitude of the margins
                                                  Stolz; AD/CVD Operations, Office III,                     are currently classifiable under                      of dumping likely to prevail is up to
                                                  Enforcement and Compliance,                               subheadings 5901.90.20.00,                            264.09 percent.
                                                  International Trade Administration,                       5901.90.40.00, 5903.90.2500,
                                                  U.S. Department of Commerce, 1401                         5903.90.2000, 5903.90.1000,                           Notification Regarding Administrative
                                                  Constitution Avenue NW., Washington,                      5907.00.8090, 5907.00.8010, and                       Protective Order
                                                  DC 20230; telephone: 202–482–4474.                        5907.00.6000 of the Harmonized Tariff                   This notice also serves as the only
                                                  SUPPLEMENTARY INFORMATION:                                Schedule of the United States                         reminder to parties subject to
                                                  Background                                                (‘‘HTSUS’’). Specifically excluded from               administrative protective order (‘‘APO’’)
                                                                                                            the scope of the order are tracing cloths,            of their responsibility concerning the
                                                     On October 3, 2016, the Department                     ‘‘paint-by-number’’ or ‘‘paint-it-                    return or destruction of proprietary
                                                  published the notice of initiation of the                 yourself’’ artist canvases with a                     information disclosed under APO in
                                                  second sunset review of the AD Order 1                    copyrighted preprinted outline, pattern,              accordance with 19 CFR 351.305.
                                                  on certain artist canvas from the                         or design, whether or not included in a               Timely notification of the return or
                                                  People’s Republic of China (‘‘PRC’’)                      painting set or kit.3 Also excluded are               destruction of APO materials or
                                                  pursuant to section 751(c) of the Tariff                  stretcher strips, whether or not made                 conversion to judicial protective order is
                                                  Act of 1930, as amended (‘‘the Act’’). On                 from wood, so long as they are not                    hereby requested. Failure to comply
                                                  October 17, 2016, Tara Materials, Inc.,                   incorporated into artist canvases or sold             with the regulations and terms of an
                                                  (‘‘Tara Materials’’),2 BF Inkjet Digital                  as part of an artist canvas kit or set.               APO is a violation which is subject to
                                                  Inc., IJ Technologies, Inc. and Permalite                 While the HTSUS subheadings are                       sanction.
                                                  Inc. (‘‘Domestic Interested Parties’’),                   provided for convenience and customs                    We are issuing and publishing these
                                                  notified the Department that they                         purposes, our written description of the              results and notice in accordance with
                                                  intended to participate in the sunset                     scope of the order is dispositive.                    sections 751(c), 752, and 777(i)(1) of the
                                                  review. On November 2, 2016, the                                                                                Act.
                                                  Domestic Interested Parties submitted a                   Analysis of Comments Received
                                                  substantive response. The Department                         A complete discussion of all issues                  Dated: January 24, 2017.
                                                  did not receive a substantive response                    raised in this sunset review is addressed             Ronald K. Lorentzen,
                                                  from any respondent party. Based on the                   in the accompanying Issues and                        Acting Assistant Secretary for Enforcement
                                                  notice of intent to participate and                       Decision Memorandum, which is hereby                  and Compliance.
                                                  adequate response filed by the Domestic                   adopted by this notice.4 The issues                   [FR Doc. 2017–01951 Filed 1–27–17; 8:45 am]
                                                  Interested Parties, and the lack of                       discussed in the accompanying I&D                     BILLING CODE 3510–DS–P
                                                  response from any respondent                              Memo include the likelihood of
                                                  interested party, the Department                          continuation or recurrence of dumping
                                                  conducted an expedited sunset review                      and the magnitude of the dumping                      DEPARTMENT OF COMMERCE
                                                  of the Order pursuant to section                          margin likely to prevail if the Order is
                                                                                                            revoked. The I&D Memo is a public                     International Trade Administration
                                                  751(c)(3)(B) of the Act and 19 CFR
                                                  351.218(e)(1)(ii)(C)(2).                                  document and is on file electronically                [A–552–802]
                                                                                                            via Enforcement and Compliance’s
                                                  Scope of the Order                                        Antidumping and Countervailing Duty                   Certain Frozen Warmwater Shrimp
                                                    The products covered by the order are                   Centralized Electronic Service System                 From the Socialist Republic of
                                                  artist canvases regardless of dimension                   (‘‘ACCESS’’). ACCESS is available to                  Vietnam: Final Results of the Second
                                                  and/or size, whether assembled or                         registered users at https://                          Five-Year Sunset Review of the
                                                  unassembled, that have been primed/                       access.trade.gov and to all parties in the            Antidumping Duty Order
                                                  coated, whether or not made from                          Central Records Unit, room B8024 of the
                                                  cotton, whether or not archival, whether                  main Department of Commerce                           AGENCY:   Enforcement and Compliance,
                                                  bleached or unbleached, and whether or                    building. In addition, a complete                     International Trade Administration,
                                                  not containing an ink receptive top coat.                 version of the Issues and Decision                    Department of Commerce.
                                                  Priming/coating includes the                              Memorandum can be accessed at http://                 SUMMARY: On September 15, 2016, the
                                                  application of a solution, designed to                                                                          Department of Commerce (Department)
                                                                                                               3 Artist canvases with a non-copyrighted
                                                                                                                                                                  issued the preliminary results of the
mstockstill on DSK3G9T082PROD with NOTICES




                                                  promote the adherence of artist
                                                                                                            preprinted outline, pattern, or design are included   second full five-year (sunset) review of
                                                                                                            in the scope, whether or not included in a painting
                                                    1 See Initiation of Five-Year (‘‘Sunset’’) Review, 81
                                                                                                            set or kit.                                           the antidumping duty (AD) order on
                                                  FR 67967 (October 3, 2016) (‘‘Sunset Initiation’’);          4 See the Department’s memorandum entitled,        certain frozen warmwater shrimp from
                                                  see also Notice of Antidumping Duty Order: Certain        ‘‘Issues and Decision Memorandum for the Final        the Socialist Republic of Vietnam
                                                  Artist Canvas from the People’s Republic of China,        Results of the Expedited Second Sunset Review of
                                                  71 FR 31154 (June 1, 2006) (‘‘Order’’).                   the Antidumping Duty Order on Certain Artist
                                                                                                                                                                  (Vietnam). As a result of our analysis,
                                                    2 Tara Materials was the Petitioner in the              Canvas from the People’s Republic of China,’’ dated   the Department finds that revocation of
                                                  underlying investigation.                                 concurrently with this notice (‘‘I&D Memo’’).         the AD order would be likely to lead to


                                             VerDate Sep<11>2014    16:27 Jan 27, 2017   Jkt 241001   PO 00000   Frm 00006   Fmt 4703   Sfmt 4703   E:\FR\FM\30JAN1.SGM   30JAN1



Document Created: 2017-01-28 01:26:23
Document Modified: 2017-01-28 01:26:23
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 1, 2017.
ContactPaul Stolz; AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: 202-482-4474.
FR Citation82 FR 8723 

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