[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7400-7401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02214]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-038, C-570-039]


Certain Amorphous Silica Fabric From the People's Republic of 
China: Final Affirmative Determinations of Circumvention

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of amorphous silica fabric (ASF) with 70 to 90 percent silica 
content (70-90 percent ASF) from the People's Republic of China (China) 
are circumventing the antidumping (AD) and countervailing duty (CVD) 
orders on certain amorphous silica fabric from China.

DATES: Applicable February 3, 2023.

FOR FURTHER INFORMATION CONTACT: Tyler Weinhold, 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) 482-1121.

SUPPLEMENTARY INFORMATION:

Background

    On September 6, 2022, Commerce published the preliminary 
affirmative determinations of circumvention of the AD and CVD orders 
\1\ on certain amorphous silica fabric by imports of 70-90 percent ASF 
from China.\2\ In the Preliminary Determinations, Commerce extended the 
deadline for the final determinations of these circumvention inquiries 
to December 2, 2022.\3\ On November 22, 2022, Commerce further extended 
the deadline for the final determinations of these circumvention

[[Page 7401]]

inquiries to January 31, 2022.\4\ On September 8, 2022, Auburn 
Manufacturing, Inc. (AMI), the petitioner in the AD and CVD 
investigations (the petitioner), submitted comments on the Preliminary 
Determinations,\5\ and on September 27, 2022, submitted a case 
brief.\6\ No other party commented on the Preliminary Determinations. 
We conducted these circumvention inquiries in accordance with section 
781(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.225(i).\7\
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    \1\ See Certain Amorphous Silica Fabric from the People's 
Republic of China: Antidumping Duty Order, 82 FR 14314 (March 17, 
2017); and Certain Amorphous Silica Fabric from the People's 
Republic of China: Countervailing Duty Order, 82 FR 14316 (March 17, 
2017) (collectively, Orders).
    \2\ See Certain Amorphous Silica Fabric from the People's 
Republic of China: Preliminary Affirmative Determinations of 
Circumvention, 87 FR 54458 (September 6, 2022) (Preliminary 
Determinations), and accompanying Preliminary Decision Memorandum 
(PDM).
    \3\ Id. at 54460.
    \4\ See Memorandum, ``Extension of Circumvention Final 
Rulings,'' dated November 22, 2022.
    \5\ See Petitioner's Letter ``AMI Comments on Importer 
Certification,'' dated September 8, 2022.
    \6\ See Petitioner's Letter, ``AMI Case Brief,'' dated September 
27, 2022.
    \7\ See Certain Amorphous Silica Fabric Between 70 and 90 
Percent Silica, from the People's Republic of China: Initiation of 
Circumvention Inquiry of Antidumping and Countervailing Duty 
Orders--70-90 Percent Amorphous Silica Fabric, 86 FR 67022 (November 
24, 2021) (Initiation Notice), and accompanying Initiation Decision 
Memorandum. Although Commerce recently revised its circumvention 
regulations, under 19 CFR 351.226, the new circumvention regulations 
apply to circumvention inquiries for which a circumvention request 
is filed on or after November 4, 2021. See Regulations to Improve 
Administration and Enforcement of Antidumping and Countervailing 
Duty Laws, 86 FR 52300 (September 20, 2021) (``{a{time} mendments to 
Sec.  351.226 . . . apply to circumvention inquiries for which a 
circumvention request is filed . . . on or after November 4, 
2021''). Because the petitioner filed its request on August 20, 
2021, before the effective date of the new regulations, these 
circumvention inquiries are being conducted according to the 
circumvention regulations, 19 CFR 351.226, in effect prior to 
November 4, 2021. Id.
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Scope of the Orders

    The product subject to the Orders is ASF with a minimum silica 
content of 90 percent by weight, from China. A full description of the 
scope of the Orders is contained in the Issues and Decision 
Memorandum.\8\
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    \8\ See Memorandum, ``Certain Amorphous Silica Fabric from the 
People's Republic of China: Issues and Decision Memorandum for Final 
Affirmative Determination of Circumvention,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Circumvention Inquiries

    These circumvention inquires cover 70-90 percent ASF produced in 
China and exported to the United States.\9\
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    \9\ See Initiation Notice and Initiation Decision Memorandum; 
see also Preliminary Determinations, 87 FR at 54458-59 and PDM at 7.
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Methodology

    Commerce is conducting these circumvention inquiries in accordance 
with section 781(c) of the Act and 19 CFR 351.225(i). For a full 
description of the methodology underlying Commerce's final 
determinations, see the Issues and Decision Memorandum. The Issues and 
Decision Memorandum is a public document and 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice as an appendix. We 
have not made any changes to the Preliminary Determinations based on 
our analysis of the comments received.

Final Affirmative Determinations

    As detailed in the Issues and Decision Memorandum, we determine 
that 70-90 percent ASF produced in China and exported to the United 
States is circumventing the Orders on certain amorphous silica fabric 
from China. Therefore, we determine that it is appropriate to include 
this merchandise within the scope of the Orders on certain amorphous 
silica fabric from China and to instruct U.S. Customs and Border 
Protection (CBP) to continue to suspend entries of 70-90 percent ASF 
produced in China and exported to the United States.

Continued Suspension of Liquidation

    In accordance with 19 CFR 351.225(l)(3), based on the final 
determinations in these circumvention inquiries, Commerce will direct 
CBP to continue to suspend liquidation and to require a cash deposit of 
estimated duties on unliquidated entries of 70-90 percent ASF produced 
in China and exported to the United States, and entered, or withdrawn 
from warehouse, for consumption on or after November 24, 2021, the date 
of publication of the Initiation Notice. The suspension of liquidation 
will remain in effect until further notice. As we explained in the 
Preliminary Determinations,\10\ Commerce intends to instruct CBP to 
require AD and CVD cash deposits at the applicable rate for each 
unliquidated entry of the subject 70-90 percent ASF.
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    \10\ See Preliminary Determinations, 87 FR at 54458-59.
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    ASF with 70 percent or less silica content is not subject to these 
circumvention inquiries.\11\ Commerce required cash deposits on all 
entries of 70-90 percent ASF but did not implement a certification 
process at the preliminary stage.\12\ We received comments from the 
petitioner on the issue of establishing a certification process. For 
the final determinations, we will not implement a certification 
process,\13\ and we will require cash deposits on 70-90 Percent ASF 
produced in China and exported to the United States.\14\
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    \11\ See Initiation Notice, 86 FR at 67022; see also Preliminary 
Determinations, 87 FR at 54458-59.
    \12\ See Preliminary Determinations, 87 FR at 54458-59.
    \13\ See Issues and Decision Memorandum at Comment 2.
    \14\ Id.
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Administrative Protective Order

    This notice will serve as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/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

    These final affirmative determinations of circumvention are being 
issued and published in accordance with section 781(c) of the Act and 
19 CFR 351.225(i).

    Dated: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiries
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Continue to Apply Adverse 
Facts Available and Continue to Find that 70-90 Percent ASF 
Constitutes Articles ``Altered in Form or Appearance in Minor 
Respects''
    Comment 2: Whether Commerce Should Establish a Certification 
Procedure to Enforce these Circumvention Determinations
VI. Recommendation

[FR Doc. 2023-02214 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P