Notice2022-08625
Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
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Published
April 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) received scope ruling applications, requesting that scope inquiries be conducted to determine whether identified products are covered by the scope of antidumping duty (AD) and/or countervailing duty (CVD) orders and that Commerce issue scope rulings pursuant to those inquiries. In accordance with Commerce's regulations, we are notifying the public of the filing of the scope ruling applications listed below in the month of March 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24095-24097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08625]
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DEPARTMENT OF COMMERCE
International Trade Administration
Notice of Scope Ruling Applications Filed in Antidumping and
Countervailing Duty Proceedings
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) received scope ruling
applications, requesting that scope inquiries be conducted to determine
whether identified products are covered by the scope of antidumping
duty (AD) and/or countervailing duty (CVD) orders and that Commerce
issue scope rulings pursuant to those inquiries. In accordance with
Commerce's regulations, we are notifying the public of the filing of
the scope ruling applications listed below in the month of March 2022.
DATES: Applicable April 22, 2022.
FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone: (202) 482-4735.
Notice of Scope Ruling Applications: In accordance with 19 CFR
[[Page 24096]]
351.225(d)(3), we are notifying the public of the following scope
ruling applications related to AD and CVD orders and findings filed in
or around the month of March 2022. This notification includes, for each
scope application: (1) Identification of the AD and/or CVD orders at
issue (19 CFR 351.225(c)(1)); (2) concise public descriptions of the
products at issue, including the physical characteristics (including
chemical, dimensional and technical characteristics) of the products
(19 CFR 351.225(c)(2)(ii)); (3) the countries where the products are
produced and the countries from where the products are exported (19 CFR
351.225(c)(2)(i)(B)); (4) the full names of the applicants; and (5) the
dates that the scope applications were filed with Commerce and the name
of the ACCESS scope segment where the scope applications can be
found.\1\ This notice does not include applications which have been
rejected and not properly resubmitted. The scope ruling applications
listed below are available on Commerce's online e-filing and document
management system, Antidumping and Countervailing Duty Electronic
Service System (ACCESS), at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\1\ See Regulations to Improve Administration and Enforcement of
Antidumping and Countervailing Duty Laws, 86 FR 52300, 52316
(September 20, 2021) (Final Rule) (``It is our expectation that the
Federal Register list will include, where appropriate, for each
scope application the following data: (1) Identification of the AD
and/or CVD orders at issue; (2) a concise public summary of the
product's description, including the physical characteristics
(including chemical, dimensional and technical characteristics) of
the product; (3) the country(ies) where the product is produced and
the country from where the product is exported; (4) the full name of
the applicant; and (5) the date that the scope application was filed
with Commerce.'')
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Scope Ruling Applications
Raw Flexible Magnets from the People's Republic of China (China)
(A-570-922; C-570-923); Plastic shelf dividers; produced in and
exported from China; \2\ submitted by Fasteners for Retail, Inc. dba
Siffron (Siffron); March 11, 2022; ACCESS scope segments ``Siffron
Plastic Shelf Dividers.''
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\2\ Siffron's products are plastic shelf dividers, generally T
or L-shaped, that include a flexible magnetic on their plastic base.
The plastic shelf dividers, which are manufactured to fit standard
size shelves, can also be custom made and sized to meet the
organization and display needs of a particular retailer. The shelf
dividers may be clear in color, opaque, or in a color that matches
the retailer's shelves. Reusable, plastic shelf dividers may be
moved to meet organization and display needs. Plastic shelf dividers
are manufactured with rigid plastic, that ensures that product on a
shelf remains organized and does not comingle. The plastic shelf
dividers also allow retailers to design product displays to ensure
their merchandise is displayed in a manner that allows consumers to
view merchandise in an attractive and easy to view manner. The
plastic shelf dividers covered by this request are classified under
HTSUS heading 8505 and, according to CBP, HTSUS subheading
8505.19.2000. Plastic shelf dividers are manufactured and exported
from China. The country of origin is China.
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Wooden Cabinets and Vanities and Components Thereof from China (A-
570-106; C-570-107); Chloe Styling Station and Sanden Shampoo Cabinet;
\3\ produced in and exported from China; submitted by AYC, LLC; March
16, 2022; ACCESS scope segments ``AYC 3/16/22-4/30/22 Stylist
Station.''
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\3\ The Chloe Styling Station is a free-standing storage space
and work surface made of wooden construction with metal or plastic
fittings for use by hair professionals. The Sanden Shampoo Cabinet
is a free-standing shampoo cabinet made of wooden construction with
metal or plastic fittings for use by hair professionals. The tariff
classification of the Chloe Styling Station and Sanden Shampoo
Cabinet is 9403.60.8081, which covers other furniture and parts
thereof. The Chloe Styling Station and Sanden Shampoo Cabinet are
produced in and exported from China.
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Certain Aluminum Foil from China (A-570-053, C-570-054); Capacitor
foil; \4\ produced in and exported from China or Singapore; submitted
by GE Grid Solutions, LLC and Instrument Transformers, LLC
(collectively, GE Grid); March 30, 2022; ACCESS scope segments
``Capacitor Foil.''
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\4\ There are two types of aluminum capacitor foil at issue: (1)
Pre-slit, annealed foil, and (2) master logs of unannealed foil.
Both types are made with aluminum alloys with aluminum content above
99%, 5 microns (0.005 mm or 0.00019 inch) thick, and imported in
reels greater than 25 pounds. Neither type is backed or cut-to-
shape. Both types of aluminum capacitor foil at issue are used in
high-voltage capacitors that are manufactured by Instrument
Transformers in the United States and sold to GE Grid. Instrument
Transformers uses the aluminum capacitor foil only for its
conductivity properties, and not for its barrier, thermal,
reflective, or insulation properties. The conductivity properties of
the aluminum capacitor foil functions in the capacitors by
conducting electricity. The aluminum capacitor foil at issue will be
produced in China, exported from China or Singapore, and China will
be the declared country of origin for U.S. imports of the aluminum
capacitor foil. The product's tariff classification under the HTSUS
is 7607.11.3000. There is no domestic U.S. production of aluminum
capacitor foil.
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Certain Steel Trailer Wheels 12 to 16.5 Inches from China (A-570-
090, C-570-091); Passenger vehicle wheels (Part Nos. X-76801 and
28860W); \5\ produced in and exported from China; submitted by Wheel
Source, Inc. (Wheel Source); March 31, 2022; ACCESS scope segments
``Wheel Source III.''
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\5\ The products subject to Wheel Source's request are steel
wheels for automotive use only exported from the People's Republic
of China which is also the declared country of origin. The product's
tariff classification under the HTSUS is 8708.70.4560. Wheel Source
imports steel passenger vehicle wheels not for use with trailers.
Part no. X-76801 has an outside diameter (rim size) of 16 x 6.5
inches, with a center bore also known as a pilot diameter of
116.81mm and a load rating capacity of 3,500 pounds. Part no. X-
76801 also has a positive offset of 28mm and an 8-6.5 bolt pattern.
Part no. 28860W has an outside diameter (rim size) of 16 x 6 inches,
with a center bore also known as a pilot diameter of 6.47 inches and
a load rating capacity of 2,750. Part no. 28860W also has a negative
offset of 5 inches and a 6-8.75 bolt pattern. Thus, Wheel Source's
wheels fall within the rim size dimensions of the scope language.
However, as described below, Wheel Source's wheels are
distinguishable based on other physical characteristics that
demonstrate they are not suitable for use on road and highway
trailers or other towable equipment.
Wheel Source imports both hub-centric and multi-fit wheels. Hub-
centric wheels are designed to a tighter tolerance fit for specific
vehicles. Multi-fit wheels are designed so that a single product
will fit multiple applications, i.e. multiple makes, models or years
of the vehicle. A hub-centric wheel makes direct contact the
mounting flange built into a vehicle's wheel hub. Multi-fit rims do
not make contact with the hub. Part no. X-76801 is a multi-fit
wheels and part no. 28860W is a hub centric wheel.
Further, multi-fit wheels are limited in use to certain vehicles
and are not interchangeable with trailer wheels. Specifically, the
wheels subject to this request are not only labeled ``not for
trailer use,'' but are physically stamped ``automotive use only.''
Further, Wheel Source does not warrant the wheels subject to this
request for any use other than with passenger vehicles.
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Notification to Interested Parties
This list of scope ruling applications is not an identification of
scope inquiries that have been initiated. In accordance with 19 CFR
351.225(d)(1), if Commerce has not rejected a scope ruling application
nor initiated the scope inquiry within 30 days after the filing of the
application, the application will be deemed accepted and a scope
inquiry will be deemed initiated the following day--day 31.\6\
Commerce's practice generally dictates that where a deadline falls on a
weekend, Federal holiday, or other non-business day, the appropriate
deadline is the next business day.\7\ Accordingly, if the 30th day
after the filing of the application falls on a non-business day, the
next business day will be considered the ``updated'' 30th day, and if
the application is not rejected or a scope inquiry initiated by or on
that particular business day, the application will be deemed accepted
and a scope inquiry will be deemed initiated on the next business day
which follows the ``updated'' 30th day.\8\
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\6\ In accordance with 19 CFR 351.225(d)(2), within 30 days
after the filing of a scope ruling application, if Commerce
determines that it intends to address the scope issue raised in the
application in another segment of the proceeding (such as a
circumvention inquiry under 19 CFR 351.226 or a covered merchandise
inquiry under 19 CFR 351.227), it will notify the applicant that it
will not initiate a scope inquiry, but will instead determine if the
product is covered by the scope at issue in that alternative
segment.
\7\ See Notice of Clarification: Application of ``Next Business
Day'' Rule for Administrative Determination Deadlines Pursuant to
the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
\8\ This structure maintains the intent of the applicable
regulation, 19 CFR 351.225(d)(1), to allow day 30 and day 31 to be
separate business days.
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[[Page 24097]]
In accordance with 19 CFR 351.225(m)(2), if there are companion AD
and CVD orders covering the same merchandise from the same country of
origin, the scope inquiry will be conducted on the record of the AD
proceeding. Further, please note that pursuant to 19 CFR 351.225(m)(1),
Commerce may either apply a scope ruling to all products from the same
country with the same relevant physical characteristics, (including
chemical, dimensional, and technical characteristics) as the product at
issue, on a country-wide basis, regardless of the producer, exporter,
or importer of those products, or on a company-specific basis.
For further information on procedures for filing information with
Commerce through ACCESS and participating in scope inquiries, please
refer to the Filing Instructions section of the Scope Ruling
Application Guide, at <a href="https://access.trade.gov/help/Scope_Ruling_Guidance.pdf">https://access.trade.gov/help/Scope_Ruling_Guidance.pdf</a>. Interested parties, apart from the scope
ruling applicant, who wish to participate in a scope inquiry and be
added to the public service list for that segment of the proceeding
must file an entry of appearance in accordance with 19 CFR
351.103(d)(1) and 19 CFR 351.225(n)(4). Interested parties are advised
to refer to the case segment in ACCESS as well as 19 CFR 351.225(f) for
further information on the scope inquiry procedures, including the
timelines for the submission of comments.
Please note that this notice of scope ruling applications filed in
AD and CVD proceedings may be published before any potential
initiation, or after the initiation, of a given scope inquiry based on
a scope ruling application identified in this notice. Therefore, please
refer to the case segment on ACCESS to determine whether a scope ruling
application has been accepted or rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be served scope ruling applications
for a particular AD or CVD order may file a request to be included on
the annual inquiry service list during the anniversary month of the
publication of the AD or CVD order in accordance with 19 CFR 351.225(n)
and Commerce's procedures.\9\
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\9\ See Scope Ruling Application; Annual Inquiry Service List;
and Informational Sessions, 86 FR 53205 (September 27, 2021).
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Interested parties are invited to comment on the completeness of
this monthly list of scope ruling applications received by Commerce.
Any comments should be submitted to James Maeder, Deputy Assistant
Secretary for AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, via email to <a href="/cdn-cgi/l/email-protection#75361a1818100716103639203501071411105b121a03"><span class="__cf_email__" data-cfemail="13507c7e7e76617076505f465367617277763d747c65">[email protected]</span></a>.
This notice of scope ruling applications filed in AD and CVD
proceedings is published in accordance with 19 CFR 351.225(d)(3).
Dated: April 19, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2022-08625 Filed 4-21-22; 8:45 am]
BILLING CODE 3510-DS-P
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