[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69704-69705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29049]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-899]
Artist Canvas From the People's Republic of China: Continuation
of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty order on artist
canvas from the People's Republic of China (``PRC'') would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: November 9, 2011.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy or Eugene Degnan, AD/
CVD Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3818 or (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION: On May 2, 2011, the Department initiated the
first sunset review of the antidumping duty order on artist canvas from
the PRC pursuant to section 751(c) of the Tariff Act of 1930, as
amended (``Act''). See Initiation of Five-Year (``Sunset'') Review, 76
FR 24459 (May 2, 2011) (``Sunset Initiation'').
As a result of its review, the Department determined that
revocation of the antidumping duty order on artist canvas from the PRC
would likely lead to a continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margins likely to
prevail should the order be revoked. See Artist Canvas from the
People's Republic of China: Final Results of the Expedited First Sunset
Review of the Antidumping Duty Order, 76 FR 55351 (September 7, 2011).
On October 12, 2011, the ITC determined, pursuant to section 751(c) of
the Act, that revocation of the antidumping duty order on artist canvas
from the PRC would likely lead to a continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time. See USITC Publication 4273 (October 2011), Artist
Canvas from China: Investigation No. 731-TA-1091 (First Review), and
Artist Canvas from China, 76 FR 67208 (October 31, 2011).
Scope of the Order
The products covered by this 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 this proceeding.
Artist canvases subject to this order are currently classifiable
under subheadings 5901.90.20.00 and 5901.90.40.00 of the Harmonized
Tariff Schedule of the United States (``HTSUS''). Specifically excluded
from the scope of this 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.\1\ 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 this proceeding is dispositive.
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\1\ 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.
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Additionally, we have determined that canvas woven and primed in
the India, but cut, stretched and framed in the PRC and exported from
the PRC, are not subject to the order covering artist canvas from the
PRC.
[[Page 69705]]
Subsequent to the issuance of the Order, we issued the following
scope rulings:
On April 10, 2008, in response to an inquiry from Tara Materials,
Inc., the Department ruled that artist canvas that has been woven,
primed with gesso, and cut to size in the United States and shipped to
the PRC, is excluded from the scope . See Notice of Scope Rulings, 73
FR 49418 (August 21, 2008).
On May 25, 2009, in response to an inquiry from C2F, Inc., the
Department ruled that artist canvas that has been woven and primed in
South Korea, then cut to size and framed in the PRC, and thereafter
imported into the United States, is excluded from the scope. See Notice
of Scope Rulings, 74 FR 49859 (September 29, 2009).
On July 9, 2009, in response to an inquiry from Art Supplies
Enterprises, Inc., the Department ruled that artist canvas that has
been woven and primed in Vietnam, then cut to size and framed in the
PRC, is excluded from the scope. See Notice of Scope Rulings, 75 FR
14138 (March 24, 2010).
On August 8, 2009, in response to an inquiry from Art Supplies
Enterprises, Inc., the Department ruled that artist canvas that has
been woven and primed in India, then cut and framed in the PRC, is
excluded from the scope. See Notice of Scope Rulings, 75 FR 14138
(March 24, 2010).
On May 13, 2010, in response to an inquiry from Wuxi Phoenix Artist
Materials Co, Inc., the Department ruled that artist canvas that is
coated and primed in Vietnam, then cut and framed in the PRC, is
excluded from the scope. See Notice of Scope Rulings, 75 FR 79339
(December 20, 2010).
On July 19, 2010, in response to an inquiry from Masterpiece
Artist, the Department ruled that scrapbooking canvas, which is artist
canvas used for scrapbooking purposes, is included in the scope.\2\
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\2\ See Notice of Scope Rulings, 76 FR 10558 (February 25,
2011).
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Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the antidumping duty order on artist canvas would
likely lead to a continuation or recurrence of dumping and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, the Department hereby orders the continuation of
the antidumping order on artist canvas from the PRC. U.S. Customs and
Border Protection will continue to collect antidumping duty cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of the
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the order
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 31, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-29049 Filed 11-8-11; 8:45 am]
BILLING CODE 3510-DS-P