[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Notices]
[Pages 8909-8913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03751]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-039]
Certain Amorphous Silica Fabric From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 16, 2016.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813, John
Corrigan at (202) 482-7438, and Emily Maloof at (202) 482-5649, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On January 20, 2016, the Department of Commerce (Department)
received a countervailing duty (CVD) petition concerning imports of
certain amorphous silica fabric (silica fabric) from the People's
Republic of China (the PRC), filed in proper form on behalf of Auburn
Manufacturing, Inc. (Petitioner). The CVD petition was accompanied by
an antidumping duty (AD) petition, also concerning imports of amorphous
silica fabric from the PRC.\1\ Petitioner is a domestic producer of
amorphous silica fabric.\2\
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\1\ See ``Petition for the Imposition of Antidumping and
Countervailing Duties on Imports of Certain Amorphous Silica Fabric
from the People's Republic of China,'' dated January 20, 2016
(Petitions).
\2\ See Volume I of the Petitions, at 2, and Exhibit I-1.
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On January 28, 2016, the Department requested information and
clarification for certain areas of the Petition.\3\ Petitioner filed
its response to this request on February 1, 2016.\4\ On January 27,
2016, the Department determined to toll all deadlines four business
days as a result of the Federal Government closure during snowstorm
``Jonas,'' which is applicable to this initiation.\5\
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\3\ See letter from the Department, ``Petitions for the
Imposition of Antidumping and Countervailing Duties on Imports of
Certain Amorphous Silica Fabric from the People's Republic of China:
Supplemental Questions,'' dated January 27, 2016.
\4\ See letter from Petitioners, ``Certain Amorphous Silica
Fabric from the People's Republic of China: Amendment to Volume I of
the Petition,'' dated February 1, 2016.
\5\ See Memorandum for the Record from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Administrative Deadlines as a Result of the Government Closure
during Snowstorm `Jonas,' '' (January 27, 2016).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioner alleges that the Government of the PRC
(GOC) is providing countervailable subsidies (within the meaning of
sections 701 and 771(5) of the Act) with respect to imports of
amorphous silica fabric from the PRC, and that imports of amorphous
silica fabric from the PRC are materially injuring, and threaten
material injury to, the domestic industry producing amorphous silica
fabric in the United States. Also, consistent with section 702(b)(1) of
the Act, for those alleged programs on which we have initiated a CVD
investigation, the Petition is accompanied by information reasonably
available to Petitioner supporting its allegations.
The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested parties as defined
in section 771(9)(C) of the Act, and that Petitioner has demonstrated
sufficient industry support with respect to the initiation of the
investigation Petitioner is requesting.\6\
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\6\ See ``Determination of Industry Support for the Petition''
below.
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Period of Investigation
The period of the investigation is January 1, 2015, through
December 31, 2015.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The product covered by this investigation is amorphous silica
fabric from the PRC. For a full description of the scope of this
investigation, see ``Scope of Investigation'' at Appendix I of this
notice.
Comments on Scope of the Investigation
During our review of the Petition, the Department issued questions
to, and received responses from, Petitioner pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection of the products for which the domestic industry is
seeking relief.\8\
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\8\ See Memorandum to the File, ``Phone Call with Counsel to
Petitioner,'' dated February 10, 2016; see also Letter from
Petitioner to the Department, ``Certain Amorphous Silica Fabric from
the People's Republic of China: Scope Clarification Letter,'' dated
February 10, 2016; see also Memorandum to the File, ``Phone Call
with Counsel to Petitioner,'' dated February 12, 2016.
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As discussed in the preamble to the Department's regulations,\9\ we
are setting aside a period for interested parties to raise issues
regarding product coverage (i.e., scope). The Department will consider
all comments received from interested parties, and if necessary, will
consult with interested parties prior to the issuance of the
preliminary determination. If scope comments include factual
information (see 19 CFR 351.102(b)(21)), all such factual information
should be limited to public information. In order to facilitate
preparation of its questionnaire, the Department requests all
interested parties to submit such comments by 5:00 p.m. Eastern Time
(ET) on Monday, March 7, 2016, which is 20 calendar
[[Page 8910]]
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
Thursday, March 17, 2016, which is 10 calendar days after the initial
comments deadline.
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\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
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The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact the Department and
request permission to submit the additional information. All such
comments must be filed on the record of the concurrent AD
investigation.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically-
filed document must be received successfully in its entirety by the
time and date it is due. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
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\10\ See 19 CFR 351.303 (for general filing requirements);
Antidumping and Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order Procedures, 76 FR 39263
(July 6, 2011), for details of the Department's electronic filing
requirements, which went into effect on August 5, 2011. Information
on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the GOC of the receipt of the Petition.
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of the GOC the opportunity for
consultations with respect to the CVD petition.\11\ As the GOC did not
request consultations prior to the initiation of this investigation,
the Department and the GOC did not hold consultations.
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\11\ See Letter of Invitation Regarding Countervailing Duty
Petition Certain Amorphous Silica Fabric from the People's Republic
of China, dated January 20, 2016.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\12\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\13\
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\12\ See section 771(10) of the Act.
\13\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioner does not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that silica fabric, as defined in the
scope, constitutes a single domestic like product and we have analyzed
industry support in terms of that domestic like product.\14\
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\14\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Certain Amorphous Silica Fabric from the People's
Republic of China (PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Certain Amorphous Silica Fabric from the
People's Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room B8024 of the main Department of Commerce
building.
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In determining whether Petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' in Appendix I of this
notice. To establish industry support, Petitioner provided its own
production of the domestic like product in 2015, and conservatively
compared this to the estimated total production of amorphous silica
fabric (both industrial grade and aerospace grade) for the entire
domestic industry.\15\ We have relied upon data Petitioner provided for
purposes of measuring industry support.\16\
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\15\ See Volume I of the Petition, at 4-6; see also General
Issues Supplement, at 1-2 and Exhibit Supp. I-1.
\16\ See PRC CVD Initiation Checklist, at Attachment II.
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Our review of the data provided in the Petition, General Issues
Supplement, and other information readily available to the Department
indicates that Petitioner has established industry support.\17\ First,
the Petition established support from domestic producers (or workers)
accounting for more than 50 percent of the total production of the
domestic like product and, as such, the Department is not required to
take further action in order to evaluate industry support (e.g.,
polling).\18\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section
[[Page 8911]]
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition account for at least 25 percent of the total
production of the domestic like product.\19\ Finally, the domestic
producers (or workers) have met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition account for more than
50 percent of the production of the domestic like product produced by
that portion of the industry expressing support for, or opposition to,
the Petition.\20\ Accordingly, the Department determines that the
Petition was filed on behalf of the domestic industry within the
meaning of section 702(b)(1) of the Act.
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\17\ Id.
\18\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\19\ See PRC CVD Initiation Checklist, at Attachment II.
\20\ Id.
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The Department finds that Petitioner filed the Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act and it has demonstrated sufficient
industry support with respect to the CVD investigation that it is
requesting the Department initiate.\21\
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\21\ Id.
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Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioner alleges that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threatening to cause, material injury to the U.S. industry
producing the domestic like product. In addition, Petitioner alleges
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\22\
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\22\ See Volume I of the Petition, at 37 and Exhibit I-12.
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Petitioner contends that the industry's injured condition is
illustrated by reduced market share; underselling and price suppression
or depression; lost sales and revenues; declines in domestic industry
production, capacity utilization, and U.S. shipments; declines in
financial performance; and declines in employment indicators.\23\ We
have assessed the allegations and supporting evidence regarding
material injury, threat of material injury, and causation, and we have
determined that these allegations are properly supported by adequate
evidence and meet the statutory requirements for initiation.\24\
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\23\ See Volume I of the Petition, at 22-25, 34-48, and Exhibits
I-12--I-14 and I-15--I-26.
\24\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Certain Amorphous Silica Fabric from the People's Republic
of China.
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Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party files a CVD petition on
behalf of an industry that: (1) Alleges elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to Petitioner
supporting the allegations.
Petitioner alleges that producers/exporters of certain amorphous
silica fabric in the PRC benefit from countervailable subsidies
bestowed by the GOC. The Department examined the Petition and finds
that it complies with the requirements of section 702(b)(1) of the Act.
Therefore, in accordance with section 702(b)(1) of the Act, we are
initiating a CVD investigation to determine whether manufacturers,
producers, or exporters of certain amorphous silica fabric from the PRC
receive countervailable subsidies from the GOC and various authorities
thereof.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\25\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\26\ The amendments to
sections 776 and 782 of the Act are applicable to all determinations
made on or after August 6, 2015, and, therefore, apply to this CVD
investigation.\27\
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\25\ See Trade Preferences Extension Act of 2015, Public Law
114-27, 129 Stat. 362 (2015).
\26\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
\27\ Id. at 46794-95.
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Based on our review of the petition, we find that there is
sufficient information to initiate a CVD investigation on all of the 19
alleged programs in the PRC.\28\ For a full discussion of the basis for
our decision to initiate or not initiate on each program, see the PRC
CVD Initiation Checklist. A public version of the initiation checklist
for this investigation is available on ACCESS.
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\28\ Petitioner initially alleged 19 subsidy programs. See
Volume III of the Petition, at 15-58.
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In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
Respondent Selection
Petitioner named 81 companies as producers/exporters of amorphous
silica fabric in the PRC.\29\ Following standard practice in CVD
investigations, the Department will, where appropriate, select
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports of amorphous silica fabric during the period of
investigation. For this investigation, the Department will release U.S.
Customs and Border Protection (CBP) data for U.S. imports of subject
merchandise during the period of investigation under the following
Harmonized Tariff Schedule of the United States numbers: 7019.59.4021,
7019.59.4096, 7019.59.9021, and 7019.59.9096. We intend to release the
CBP data under Administrative Protective Order (APO) to all parties
with access to information protected by APO within five business days
of the announcement of this Federal Register notice. Interested parties
must submit applications for disclosure under APO in accordance with 19
CFR 351.305(b). Instructions for filing such applications may be found
at http://enforcement.trade.gov/apo/.
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\29\ See Volume I of the Petition at Exhibit I-11,
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Interested parties may submit comments regarding the CBP data and
respondent selection by 5:00 p.m. ET on the seventh calendar day after
publication of this notice. Comments must be filed in accordance with
the filing requirements stated above. If respondent selection is
necessary, we intend to base our decision regarding respondent
selection upon comments received from interested parties and our
analysis of the record information within 20 days of publication of
this notice.
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
[[Page 8912]]
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the Petition to each
known exporter (as named in the Petition), consistent with 19 CFR
351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of certain amorphous silica fabric from the PRC
are materially injuring, or threatening material injury to, a U.S.
industry.\30\ A negative ITC determination will result in the
investigation being terminated; \31\ otherwise, this investigation will
proceed according to statutory and regulatory time limits.
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\30\ See section 703(a)(2) of the Act.
\31\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). The regulation requires any
party, when submitting factual information, to specify under which
subsection of 19 CFR 351.102(b)(21) the information is being submitted
and, if the information is submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct. Time limits for the
submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties should review the regulations
prior to submitting factual information in this investigation.
Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351.301 expires. For submissions
that are due from multiple parties simultaneously, an extension request
will be considered untimely if it is filed after 10:00 a.m. on the due
date. Under certain circumstances, we may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances we will grant untimely-filed requests for the extension
of time limits. Review Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in this investigation.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\32\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\33\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\32\ See section 782(b) of the Act.
\33\ See Certification of Factual Information To Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in this investigation should
ensure that they meet the requirements of these procedures (e.g., the
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: February 16, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The product covered by this investigation is woven (whether from
yarns or rovings) industrial grade amorphous silica fabric, which
contains a minimum of 90 percent silica (SiO2) by nominal
weight, and a nominal width in excess of 8 inches. The investigation
covers industrial grade amorphous silica fabric regardless of other
materials contained in the fabric, regardless of whether in roll
form or cut-to-length, regardless of weight, width (except as noted
above), or length. The investigation covers industrial grade
amorphous silica fabric regardless of whether the product is
approved by a standards testing body (such as being Factory Mutual
(FM) Approved), or regardless of whether it meets any governmental
specification.
Industrial grade amorphous silica fabric may be produced in
various colors. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is colored.
Industrial grade amorphous silica fabric may be coated or treated
with materials that include, but are not limited to, oils,
vermiculite, acrylic latex compound, silicone, aluminized polyester
(Mylar[supreg]) film, pressure-sensitive adhesive, or other coatings
and treatments. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is coated or treated,
and regardless of coating or treatment weight as a percentage of
total product weight. Industrial grade amorphous silica fabric may
be heat-cleaned. The investigation covers industrial grade amorphous
silica fabric regardless of whether the fabric is heat-cleaned.
Industrial grade amorphous silica fabric may be imported in
rolls or may be cut-to-length and then further fabricated to make
welding curtains, welding blankets, welding pads, fire blankets,
fire pads, or fire screens. Regardless of the name, all industrial
grade amorphous silica fabric that has been further cut-to-length or
cut-to-width or further finished by finishing the edges and/or
adding grommets, is included within the scope of this investigation.
Subject merchandise also includes (1) any industrial grade
amorphous silica fabric that has been converted into industrial
grade amorphous silica fabric in China from fiberglass cloth
produced in a third country; and (2) any industrial grade amorphous
silica fabric that has been further processed in a third country
prior to export to the United
[[Page 8913]]
States, including but not limited to treating, coating, slitting,
cutting to length, cutting to width, finishing the edges, adding
grommets, or any other processing that would not otherwise remove
the merchandise from the scope of the investigation if performed in
the country of manufacture of the in-scope industrial grade
amorphous silica fabric.
Excluded from the scope of the investigation is amorphous silica
fabric that is subjected to controlled shrinkage, which is also
called ``pre-shrunk'' or ``aerospace grade'' amorphous silica
fabric. In order to be excluded as a pre-shrunk or aerospace grade
amorphous silica fabric, the amorphous silica fabric must meet the
following exclusion criteria: (1) The amorphous silica fabric must
contain a minimum of 98 percent silica (SiO2) by nominal
weight; (2) the amorphous silica fabric must have an areal shrinkage
of 4 percent or less; (3) the amorphous silica fabric must contain
no coatings or treatments; and (4) the amorphous silica fabric must
be white in color. For purposes of this scope, ``areal shrinkage''
refers to the extent to which a specimen of amorphous silica fabric
shrinks while subjected to heating at 1800 degrees F for 30 minutes.
Areal shrinkage is expressed as the following percentage:
[GRAPHIC] [TIFF OMITTED] TN23FE16.000
Also excluded from the scope are amorphous silica fabric rope
and tubing (or sleeving). Amorphous silica fabric rope is a knitted
or braided product made from amorphous silica yarns. Silica tubing
(or sleeving) is braided into a hollow sleeve from amorphous silica
yarns.
The subject imports are normally classified in subheadings
7019.59.4021, 7019.59.4096, 7019.59.9021, and 7019.59.9096 of the
Harmonized Tariff Schedule of the United States (HTSUS), but may
also enter under HTSUS subheadings 7019.40.4030, 7019.40.4060,
7019.40.9030, 7019.40.9060, 7019.51.9010, 7019.51.9090,
7019.52.9010, 7019.52.9021, 7019.52.9096 and 7019.90.1000. HTSUS
subheadings are provided for convenience and customs purposes only;
the written description of the scope of this investigation is
dispositive.
[FR Doc. 2016-03751 Filed 2-22-16; 8:45 am]
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