[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Notices]
[Pages 61255-61257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27874]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-859]


100- to 150-Seat Large Civil Aircraft From Canada: Final 
Affirmative Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
100- to 150-seat large civil aircraft (aircraft) from Canada are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation (POI) is April 1, 2016, through 
March 31, 2017. The final estimated dumping margins of sales at LTFV 
are listed below in the section entitled ``Final Determination.''

DATES: Applicable December 27, 2017.

FOR FURTHER INFORMATION CONTACT: Drew Jackson or Lilit Astvatsatrian, 
AD/CVD Operations, Office IV, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4406 or (202) 
482-6412, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 13, 2017, the Department published the Preliminary 
Determination in this LTFV the investigation, as provided by section 
733 of the Tariff Act of 1930, as amended (Act), in which the 
Department found that aircraft from Canada were sold at LTFV.\1\ A 
summary of the events that have 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, which is hereby adopted by this 
notice.\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 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 directly at http://enforcement.trade.gov/frn/.
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    \1\ See 100- to 150-Seat Large Civil Aircraft from Canada: 
Preliminary Affirmative Determination of Sales at Less Than Fair 
Value, 82 FR 47697 (October 13, 2017) (Preliminary Determination) 
and accompanying memorandum, ``Decision Memorandum for the 
Preliminary Determination in the Less-Than-Fair-Value Investigation 
of 100- to 150-Seat Large Civil Aircraft from Canada,'' dated 
October 4, 2017 (Preliminary Decision Memorandum).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less Than Fair Value 
Investigation of 100- to 150-Seat Large Civil Aircraft from Canada'' 
dated concurrently with this notice (Issues and Decision 
Memorandum).

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[[Page 61256]]

Scope of the Investigation

    The products covered by this investigation are aircraft from 
Canada. For a complete description of the scope of the investigation, 
see Appendix I.

Scope Comments

    Since issuing the Preliminary Determination, the Department 
received scope comments from interested parties, including scope 
comments in case briefs. Although certain parties requested that the 
Department modify the scope, the Department has not revised the scope 
of this investigation.

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 the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II.
    As discussed in the Issues and Decision Memorandum, for the final 
determination the Department continues to base Bombardier Inc's 
estimated weighted-average dumping margin on facts otherwise available 
with an adverse inference (AFA), pursuant to sections 776(a)-(b) of the 
Act.\3\
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    \3\ See Issues and Decision Memorandum.
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All-Others Rate

    As discussed in the Preliminary Determination, the Department based 
the ``All-Others'' rate on the dumping margin alleged in the Petition 
in accordance with section 735(c)(5)(B) of the Act.\4\
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    \4\ See Preliminary Determination.
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Final Determination

    The Department determines that the following estimated weighted-
average dumping margins exist:

------------------------------------------------------------------------
                                  Estimated
                                  weighted-
                                   average   Cash deposit rate (adjusted
       Exporter/ producer          dumping      for subsidy offset(s))
                                   margin             (percent)
                                  (percent)
------------------------------------------------------------------------
Bombardier, Inc................       79.82  Not Applicable.
All-Others.....................       79.82  Not Applicable.
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of aircraft from Canada, as 
described in Appendix I of this notice, which were entered, or 
withdrawn from warehouse, for consumption on or after October 13, 2017, 
the date of publication of the Preliminary Determination of this 
investigation in the Federal Register.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), CBP shall require a cash deposit equal to the estimated 
weighted-average dumping margin or the estimated all-others rate, as 
follows: (1) The cash deposit rate for the respondent listed above will 
be equal to the company-specific estimated weighted-average dumping 
margin determined in this final determination; (2) if the exporter is 
not the respondent identified above, but the producer is, then the cash 
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject 
merchandise; and (3) the cash deposit rate for all other producers and 
exporters will be equal to the all-others estimated weighted-average 
dumping margin.
    The Department normally adjusts cash deposits for estimated 
antidumping duties by the amount of export subsidies countervailed in a 
companion countervailing duty (CVD) proceeding, when CVD provisional 
measures are in effect. However, because the Department did not make an 
affirmative determination for countervailable export subsidies in the 
companion CVD proceeding, the Department has not adjusted the estimated 
weighted-average dumping margin to offset countervailable export 
subsidies.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a final determination within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of final determination in the Federal Register, in accordance with 19 
CFR 351.224(b). However, because the Department applied total AFA to 
the individually examined company, Bombardier Inc., in accordance with 
section 776 of the Act, and the applied AFA rate is based solely on the 
Petition, there are no calculations to disclose.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, the Department will 
notify the U.S. International Trade Commission (ITC) of the its final 
determination of sales at LTFV. As the final determination is 
affirmative, in accordance with section 735(b)(2) of the Act, the ITC 
will determine within 45 days of the final determination whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that such injury exists, 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 serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 the terms of an APO is a 
sanctionable violation.

Notification to Interested Parties

    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: December 18, 2017.
 P. Lee Smith,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

Scope of the Investigation

    The merchandise covered by this investigation is aircraft, 
regardless of seating configuration, that have a standard 100- to 
150-seat two-class seating capacity and a minimum 2,900 nautical 
mile range, as these terms are defined below.
    ``Standard 100- to 150-seat two-class seating capacity'' refers 
to the capacity to accommodate 100 to 150 passengers, when eight 
passenger seats are configured for a 36-inch pitch, and the 
remaining passenger seats are configured for a 32-inch pitch. 
``Pitch'' is the distance between a point on one seat and the same 
point on the seat in front of it.
    ``Standard 100- to 150-seat two-class seating capacity'' does 
not delineate the number of seats actually in a subject aircraft or 
the actual seating configuration of a subject aircraft. Thus, the 
number of seats actually in a subject aircraft may be below 100 or 
exceed 150.
    A ``minimum 2,900 nautical mile range'' means:

[[Page 61257]]

    (i) Able to transport between 100 and 150 passengers and their 
luggage on routes equal to or longer than 2,900 nautical miles; or
    (ii) covered by a U.S. Federal Aviation Administration (FAA) 
type certificate or supplemental type certificate that also covers 
other aircraft with a minimum 2,900 nautical mile range.
    The scope includes all aircraft covered by the description 
above, regardless of whether they enter the United States fully or 
partially assembled, and regardless of whether, at the time of entry 
into the United States, they are approved for use by the FAA.
    The merchandise covered by this investigation is currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheading 8802.40.0040. The merchandise may alternatively 
be classifiable under HTSUS subheading 8802.40.0090. Although these 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the investigation is 
dispositive.

Appendix II

List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Discussion of the Issues:
    Comment 1: Application of Adverse Facts Available
    Comment 2: Whether Sales or Likely Sales Occurred During the POI
    Comment 3: Adequacy of Petition
    Comment 4: Revision of the Seating Capacity
    Comment 5: Removal of Nautical Mile Range Criterion
    Comment 6: Airbus-Bombardier Transaction
VI. Recommendation

[FR Doc. 2017-27874 Filed 12-26-17; 8:45 am]
BILLING CODE 3510-DS-P