[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14316-14317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05432]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-039]


Certain Amorphous Silica Fabric From the People's Republic of 
China: Countervailing Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing a countervailing duty (CVD) order on certain 
amorphous silica fabric from the People's Republic of China (PRC).

DATES: Effective March 17, 2017.

FOR FURTHER INFORMATION CONTACT: Emily Maloof or John Corrigan, 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) 482-5649 or (202) 482-7438, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.210(c), on January 25, 2017, the 
Department published its affirmative final determination in the 
countervailing duty investigation of certain amorphous silica fabric 
from the PRC.\1\ On March 10, 2017, the ITC notified the Department of 
its final determination pursuant, to section 705(d) of the Act, that an 
industry in the United States is materially injured within the meaning 
of section 705(b)(1)(A)(i) of the Act by reason of subsidized imports 
of certain amorphous silica fabric from the PRC.\2\
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    \1\ See Countervailing Duty Investigation of Certain Amorphous 
Silica Fabric From the People's Republic of China: Final Affirmative 
Determination, 82 FR 8405 (January 25, 2017) (Final Determination), 
and accompanying Issues and Decision Memorandum (IDM).
    \2\ See Letter from ITC concerning Amorphous Silica Fabric from 
the PRC USITC Investigation Nos. 701-TA-555 and 731-TA-1310 (Final), 
USITC Publication 731-1310 (March 2017) (ITC Letter).
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Scope of the Order

    The product covered by this order 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 order 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 order 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 order 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 order 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 order 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 order.
    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 order if performed in the 
country of manufacture of the in-scope industrial grade amorphous 
silica fabric.
    Excluded from the scope of the order 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.\3\
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    \3\ 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 order is dispositive.

Countervailing Duty Order

    In accordance with section 705(d) of the Act, the ITC notified the 
Department of its final determination in this investigation, in which 
it found that imports of certain amorphous silica fabric from the PRC 
are materially injuring, within the meaning of section 705(b)(1)(A)(i) 
of the Act, a U.S. industry.\4\ Therefore, in accordance with section 
705(c)(2) of the Act, we are

[[Page 14317]]

publishing this CVD order. Because the ITC determined that imports of 
certain amorphous silica fabric from the PRC are materially injuring a 
U.S. industry, unliquidated entries of such merchandise from the PRC, 
entered or withdrawn from warehouse for consumption, are subject to the 
assessment of countervailing duties.
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    \4\ See ITC Letter.
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    As a result of the ITC's final determination, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of certain 
amorphous silica fabric from the PRC. Countervailing duties will be 
assessed on unliquidated entries of certain amorphous silica fabric 
from the PRC entered, or withdrawn from warehouse, for consumption on 
or after July 5, 2016, the date of publication of the Preliminary 
Determination,\5\ but will not include entries occurring after the 
expiration of the provisional measures period and before publication of 
the ITC's final injury determination.
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    \5\ See Countervailing Duty Investigation of Certain Amorphous 
Silica Fabric From the People's Republic of China: Preliminary 
Determination and Alignment of Final Determination with Final 
Antidumping Duty Determination, 81 FR 43579 (July 5, 2016) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
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    Section 703(d) of the Act states that the suspension of liquidation 
pursuant to an affirmative preliminary determination may not remain in 
effect for more than four months. In the underlying investigation, the 
Department published the Preliminary Determination on July 5, 2016. 
Therefore, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on November 1, 2016. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination. Therefore, in accordance with section 703(d) of the Act 
and our practice, we instructed CBP to terminate the suspension of 
liquidation and to liquidate, without regard to duties, unliquidated 
entries of amorphous silica fabric from the PRC made on or after 
November 2, 2016. Suspension of liquidation will resume on the date of 
publication of the ITC's final determination in the Federal Register.

Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
instruct CBP to reinstitute the suspension of liquidation on all 
entries of subject merchandise from the PRC, effective the date of 
publication of the ITC's notice of final affirmative injury 
determination in the Federal Register, and to assess, upon further 
instruction by the Department pursuant to 706(a)(1) of the Act, 
countervailing duties for each entry of the subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise. We will also instruct CBP to require cash deposits for 
each entry of subject merchandise equal to the amounts as indicated 
below. These instructions suspending liquidation will remain in effect 
until further notice. The all-others rate applies to all producers or 
exporters not specifically listed, as appropriate.

------------------------------------------------------------------------
                                                           Subsidy rate,
                    Exporter/producer                        (percent)
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ACIT (Pinghu) Inc., ACIT (Shanghai) Inc.................           48.94
Nanjing Tianyuan Fiberglass Material Co., Ltd...........           79.90
Acmetex Co., Ltd.,*, Beijing Great Pack Materials, Co.            165.39
 Ltd.,*, Beijing Landingji Engineering Tech Co., Ltd.,*,
 Changshu Yaoxing Fiberglass Insulation Products Co.,
 Ltd.,*, Changzhou Kingze Composite Materials Co.,
 Ltd.,*, Changzhou Utek Composite Co.,*, Chengdu Chang
 Yuan Shun Co., Ltd.,*, China Beihai Fiberglass Co.,
 Ltd.,*, China Yangzhou Guo Tai Fiberglass Co., Ltd.,*,
 Chongqing Polycomp International Corp.,*, Chongqing
 Yangkai Import & Export Trade Co., Ltd.,*, Cixi Sunrise
 Sealing Material Co., Ltd.,*, Fujian Minshan Fire-
 Fighting Co., Ltd.,*, Grand Fiberglass Co., Ltd.*,
 Haining Jiete Fiberglass Fabric Co., Ltd.,*, Hebei
 Yuniu Fiberglass Manufacturing Co., Ltd.,*, Hebei Yuyin
 Trade Co., Ltd.,*, Hengshui Aohong International
 Trading Co., Ltd.,*, Hitex Insulation (Ningbo) Co.,
 Ltd.,*, Mowco Industry Limited,*, Nanjing Debeili New
 Materials Co., Ltd.,*, Ningbo Fitow High Strength
 Composites Co., Ltd.,*, Ningbo Universal Star Industry
 & Trade Limited,*, Ningguo BST Thermal Protection
 Products Co., Ltd.,*, Qingdao Feelongda Industry &
 Trade Co., Ltd.,*, Qingdao Shishuo Industry Co.,
 Ltd.,*, Rugao City Ouhua Composite Material Co.,
 Ltd.,*, Rugao Nebola Fiberglass Co., Ltd.,*, Shanghai
 Bonthe Insulative Material Co., Ltd.,*, Shanghai Horse
 Construction Co., Ltd.,*, Shanghai Liankun Electronics
 Material Co., Ltd.,*, Shanghai Suita Environmental
 Protection Technology Co., Ltd.,*, Shangqui Huanyu
 Fiberglass Co., Ltd.,*, Shengzhou Top-Tech New Material
 Co., Ltd.,*, Shenzhen Songxin Silicone Products Co.,
 Ltd.,*, Taixing Chuanda Plastic Co., Ltd.,*, Taixing
 Vichen Composite Material Co., Ltd.,*, TaiZhou Xinxing
 Fiberglass Products Co., Ltd.,*, Tenglong Sealing
 Products Manufactory Yuyao,*, Texaspro (China)
 Company,*, Wallean Industries Co., Ltd.,*, Wuxi First
 Special-Type Fiberglass Co., Ltd.,*, Wuxi Xingxiao Hi-
 Tech Material Co., Ltd.,*, Yuyao Feida Insulation
 Sealing Factory,*, Yuyao Tianyi Special Carbon Fiber
 Co., Ltd.,*, Zibo Irvine Trading Co., Ltd.,*, Zibo Yao
 Xing Fire-Resistant and Heat-Preservation Material Co.,
 Ltd.,*, Zibo Yuntai Furnace Technology Co., Ltd.*......
All-Others..............................................           64.42
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* Non-cooperative company to which an AFA rate is being applied. See
  Issues and Decision Memorandum and Preliminary Decision Memorandum for
  additional information.

Notification to Interested Parties

    This notice constitutes the CVD order with respect to certain 
amorphous silica fabric from the PRC pursuant to section 706(a) of the 
Act. Interested parties may find an updated list of CVD orders 
currently in effect http://enforcement.trade.gov/enforcement.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05432 Filed 3-16-17; 8:45 am]
 BILLING CODE 3510-DS-P