[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)]
[Notices]
[Pages 8399-8402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01636]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-038]


Antidumping Duty Investigation of Certain Amorphous Silica Fabric 
From the People's Republic of China: Final Affirmative Determination of 
Sales at Less-Than-Fair Value, and Final Affirmative Determination of 
Critical Circumstances

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain amorphous silica fabric (silica fabric) from the 
People's Republic of China (the PRC) are being, or are likely to be, 
sold in the United States at less than fair value (LTFV). In addition, 
we determine that critical circumstances exist with respect to imports 
of the subject merchandise. The period of investigation (POI) is July 
1, 2015, through December 31, 2015. The final dumping margins for this 
investigation are listed in the ``Final Determination Margins'' section 
of this notice.

DATES: Effective January 25, 2017.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Fred Baker, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone (202) 482-4947 or (202) 482-2924, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the Preliminary Determination in the LTFV 
investigation of silica fabric from the PRC on September 1, 2016.\1\
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    \1\ See Antidumping Duty Investigation of Certain Amorphous 
Silica Fabric From the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less-Than-Fair Value, 
Preliminary Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 81 FR 60341 (September 1, 2016) 
(Preliminary Determination).
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    A summary of the events that 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.\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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/.
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    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Antidumping Duty Investigation of Amorphous Silica 
Fabric from the People's Republic of China: Issues and Decision 
Memorandum for the Final Determination of Sales at Less-Than-Fair-
Value'' (Issues and Decision Memorandum), dated concurrently with 
this determination and hereby adopted by this notice.
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Scope of the Investigation

    The product covered by this investigation is woven industrial grade 
amorphous silica fabric from the PRC. For a complete description of the 
scope of this investigation, see the ``Scope of the Investigation,'' in 
Appendix I. Since the Preliminary Determination, no party commented on 
the scope of the

[[Page 8400]]

investigation. The scope in Appendix I reflects the final unmodified 
scope language as it appeared in the Preliminary Determination.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in September and October 2016, we conducted verification of 
the sales and factors of production information submitted by ACIT 
(Pinghu) Inc. (ACIT), and its U.S. affiliate, ACIT USA Inc. (ACIT USA). 
We issued a verification report on November 16, 2016.\3\ We used 
standard verification procedures, including an examination of relevant 
accounting and production records, and original source documents 
provided by ACIT and ACIT USA.\4\
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    \3\ See Memorandum to the File: ``Verification of the 
Questionnaire Responses of ACIT (Pinghu) Inc. in the Antidumping 
Investigation of Certain Amorphous Silica Fabric from the People's 
Republic of China,'' dated November 16, 2016.
    \4\ See Memorandum to the File: ``CEP Verification of the 
Questionnaire Responses of ACIT (USA) Inc. in the Antidumping 
Investigation of Certain Amorphous Silica Fabric from the People's 
Republic of China,'' dated November 22, 2016.
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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 these issues is attached to this 
notice as Appendix II.

Changes to the Dumping Margin Calculations Since the Preliminary 
Determination

    Based on the Department's analysis of the comments received and 
findings at verification, we made certain changes to our dumping margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Affirmative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 351.206, 
we continue to find that critical circumstances exist with respect to 
imports of silica fabric from ACIT, Nanjing Tianyuan Fiberglass 
Material Co., Ltd. (Nanjing Tianyuan), and the PRC-wide entity.\5\
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    \5\ See Preliminary Determination; see also Issues and Decision 
Memorandum at Comment 2.
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Use of Adverse Facts Available

    For the reasons discussed in the Preliminary Determination, we 
continue to find that the PRC-wide entity and Nanjing Tianyuan failed 
to cooperate to the best of their ability.\6\ Additionally, we find for 
the final determination that ACIT failed to cooperate to the best of 
its ability.\7\ Accordingly, pursuant to sections 776(a)(2)(A), (B), 
(C), and (D) and section 776(b) of the Act, we have assigned to ACIT, 
Nanjing Tianyuan, and the PRC-wide entity, the dumping margins in the 
table below, which are based on total adverse facts available.\8\
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    \6\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum at 13-18.
    \7\ See Issues and Decision Memorandum at Comment 1.
    \8\ See Issues and Decision Memorandum.
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Combination Rates

    In the Initiation Notice,\9\ the Department stated that it would 
calculate combination rates for PRC respondents that are eligible for 
separate rate in this investigation.\10\ Accordingly, we have assigned 
combination rates to ACIT and Nanjing Tianyuan.
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    \9\ See Certain Amorphous Silica Fabric From the People's 
Republic of China: Initiation of Less-Than-Fair-Value Investigation, 
81 FR 8913 (February 23, 2016) (Initiation Notice).
    \10\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf, which describes this practice.
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Final Determination

    The Department determines, as provided in section 735 of the Act, 
that the following estimated weighted-average dumping margins exist for 
the period July 1, 2015, through December 31, 2015:

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                                                                                      Margin       Cash deposit
                  Exporter                                 Producer                  (percent)       (percent)
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ACIT (Pinghu) Inc..........................  ACIT (Pinghu) Inc..................          162.47          151.93
Nanjing Tianyuan Fiberglass Material Co.,    Nanjing Tianyuan Fiberglass                  162.47          151.71
 Ltd.                                         Material Co., Ltd.
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                                 PRC-Wide Entity                                          162.47          151.93
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4)(A) of the Act, for the final 
determination, the Department will instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend liquidation of all appropriate 
entries of silica fabric from the PRC as described in the ``Scope of 
the Investigation'' section which were entered, or withdrawn from 
warehouse, for consumption 90 days prior to the date of publication in 
the Federal Register of the affirmative Preliminary Determination, 
pursuant to section 733(e)(2) of the Act.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will instruct CBP to require a cash deposit 
\11\[thinsp]equal to the amount by which the normal value exceeds U.S. 
price, adjusted where appropriate for export subsidies and estimated 
domestic subsidy pass-through. For all combinations of PRC exporters/
producers of merchandise under consideration, the cash deposit rate 
will be equal to the dumping margin established for the PRC-wide 
entity.
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    \11\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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    Consistent with our practice, where the product under investigation 
is also subject to a concurrent countervailing duty investigation, we 
will instruct CBP to require a cash deposit equal to the amount by 
which the normal value exceeds the export price or constructed export 
price, adjusted where appropriate for export subsidies and estimated 
domestic subsidy pass-through.\12\ In the companion CVD proceeding, the 
Department found for ACIT an export subsidy of 10.54 percent ad valorem 
and for Nanjing Tianyuan an export subsidy of 10.76 percent ad 
valorem.\13\ In this LTFV investigation,

[[Page 8401]]

for the PRC-wide entity, which received an AFA rate, pursuant to 
section 776(b) of the Act, the Department has adjusted the PRC-wide 
entity's AD cash deposit rate by the lowest export subsidy rate 
determined for any party in the companion CVD proceeding.\14\ Thus, we 
will offset the PRC-wide rate of 162.47 by the countervailing duty rate 
attributable to export subsidies of ACIT (i.e., 10.54 percent) to 
calculate the cash deposit rate.\15\ These adjustments are reflected in 
the final column of the rate chart, above. Furthermore, we are not 
adjusting the final determination for estimated domestic subsidy pass-
through because the respondents failed to substantiate a cost-to-price-
link.\16\ In the event that a countervailing duty order is issued and 
suspension of liquidation continues in the companion countervailing 
duty investigation on silica fabric from the PRC, the Department will 
continue to instruct CBP to require cash deposits adjusted by the 
amount of export subsidies, as appropriate.
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    \12\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department makes 
an adjustment for export subsidies in an LTFV investigation not in 
the calculation of the weighted-average dumping margin, but in the 
cash deposit instructions issued to U.S. Customs and Border 
Protection. See Notice of Final Determination of Sales at Less Than 
Fair Value, and Negative Determination of Critical Circumstances: 
Certain Lined Paper Products from India, 71 FR 45012 (August 8, 
2006), and accompanying Issues and Decision Memorandum at Comment 1.
    \13\ See Countervailing Duty Investigation of Certain Amorphous 
Silica Fabric From the People's Republic of China: Final Affirmative 
Determination, and accompanying Issues and Decision Memorandum. The 
final determination in this companion CVD proceeding is being 
released concurrently with this final determination.
    \14\ Id.
    \15\ Id.
    \16\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum.
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Disclosure

    Because all final dumping margins are based on total AFA, no 
disclosure of calculations is necessary for this final determination.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV and final affirmative determination of 
critical circumstances. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of silica fabric 
from the PRC no later than 45 days after our final determination. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, 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 will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
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.
    We are issuing and publishing this determination in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: January 17, 2017.
Paul Piquado,
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 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: (l) 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.\17\
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    \17\ Areal shrinkage is expressed as the following percentage:
    ((Fired Area, em2--Initial Area, cm2)/Initial Area, cm2) x 100 = 
Areal Shrinkage, %.
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    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.

Appendix II: List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation

[[Page 8402]]

IV. Scope of the Investigation
V. Application of Total Adverse Facts Available with Regard to ACIT
VI. Selection of Adverse Facts Available (AFA) Rate
VII. Discussion of the Issues

    ACIT:

    Comment 1: Adverse Facts Available
    Comment 2: Critical Circumstances
    Comment 3: Calculation Error
    Comment 4: Surrogate Country
    Comment 5: Surrogate Value Selection
    New Fire:
    Comment 6: Rejection of Extension Request
    Jiuding:
    Comment 7: Jiuding Separate Rate
VIII. Recommendation

[FR Doc. 2017-01636 Filed 1-24-17; 8:45 am]
 BILLING CODE 3510-DS-P