Notice2022-13508
Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 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 May 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 121 (Friday, June 24, 2022)</title>
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[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37822-37824]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13508]
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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 May 2022.
DATES: Applicable June 24, 2022.
FOR FURTHER INFORMATION CONTACT: Terri Monroe, 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) 482-1384.
Notice of Scope Ruling Applications
In accordance with 19 CFR 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 May 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
[[Page 37823]]
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
Certain Artist Canvas from the People's Republic of China (China)
(A-570-899); EVACPET Fabrics (EVACPET); \2\ produced in and exported
from China; submitted by RV Print Factory LLC (RV Print); May 2, 2022;
\3\ ACCESS scope segment ``EVACPET Fabrics.''
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\2\ The products subject to RV Print's request include two
fabrics. Fabric No. 1 of the scope ruling request is polyester
(polyethylene terephthalate) fabric woven (i.e., warp and weft)
filament fiber that has been coated with ethylene-vinyl acetate
(EVA), amide lubricants, mineral oil, titanium dioxide, silicon
dioxide, and calcium carbonate. Fabric No. 2 of the scope ruling
request is polyester (polyethylene terephthalate) fabric woven
(i.e., warp and weft) filament fiber that has been coated with
ethylene-vinyl acetate (EVA), amide lubricants, mineral oil,
titanium dioxide, silicon dioxide totaling, and calcium carbonate.
EVACPET is produced in and exported from China. The declared country
of origin is China. EVACPET is properly classified under
5903.90.2500 which provides for ``Textile fabrics impregnated,
coated, covered or laminated with plastics, other than those of
heading 5902: Other, Of man-made fibers: Other: Other.''
\3\ Although this application was filed on ACCESS on Friday,
April 29, 2022, it was filed after 5:00 p.m. Eastern Time, therefore
we consider it to have been submitted on the next business day,
Monday, May 2, 2022 for purposes of calculating deadlines in this
segment.
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Wooden Bedroom Furniture from China (A-570-890); upholstered
furniture; \4\ produced in and exported from China; submitted by Amini
Innovation Corporation (Amini); May 19, 2022; ACCESS scope segment
``Amini Upholstered Furniture.''
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\4\ The products subject to Amini's request are eighteen pieces
of highly decorative, upholstered furniture and seven upholstered
mirrors sold through four different Amini collections. Each piece
has a main common element of upholstered vinyl fabric and backing
wrapped completely around each piece of furniture, along with fully
upholstered velvet fabric drawers, such that no exposed wood framing
is visible anywhere on the piece (including the back side). Amini's
upholstered furniture have common decorate elements made of crystal,
glass, steel, and/or acrylics. Amini's upholstered furniture is
produced and exported from China. Amini's upholstered furniture is
imported under HTSUS 9403.89.6015 and its mirrors are imported under
HTSUS 7009.92.5090.
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Tapered Roller Bearings and Parts Thereof, Finished or Unfinished
from China (A-570-601); Rear Loaded Knuckles (Loaded Knuckles) produced
in and exported from China; \5\ submitted by Dorman Products, Inc.
(Dorman); May 23, 2022; ACCESS scope segment ``Loaded Knuckles.''
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\5\ The products subject to Dorman's request are Loaded
Knuckles. A rear loaded knuckle consists of a suspension knuckle
that has been pre-assembled with multiple attached components, which
contributes to a vehicle's steering, suspension, drivetrain, and
braking systems by holding the vehicle wheel in a relative position
to the vehicle's frame, while permitting controlled degrees of
freedom required for steering and suspension jounce. The rear loaded
knuckles that are the subject of this scope request are produced in
and exported from China and are classifiable under HTSUS tariff item
8708.80.6590.
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Ceramic Tile from China (A-570-108; C-570-109); produced in and
exported from China; \6\ submitted by Elysium Tiles, Inc. (Elysium);
May 24, 2022; ACCESS scope segments ``Elysium Composite Tile.''
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\6\ The products subject to Elysium's request are composite
marble tiles made up of multiple layers of material. The tile is
produced in six sizes--300 by 300 mm, 300 by 600 mm, 600 by 600 mm,
800 by 400 mm, 800 by 800 mm, and 1200 by 600 mm. The tile is
approximately 12 to 15 mm thick. The base, or bottom, layer is made
from porcelain, a vitrified ceramic, which if imported by itself,
would be subject to the scope of the order. The second, or middle,
layer consists of an aviation grade epoxy glue which is used to
permanently bind the base layer and the top layer. The third layer
consists of top facing material made from nature stone, primarily
marble. Once installed, the end user only sees the top facing
natural stone. The product is produced in and exported from China.
The declared country of origin is China. The composite marble tile
is classified on entry under HTSUS code 6907.40.90.51.
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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.\7\
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.\8\ 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.\9\
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\7\ 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.
\8\ 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).
\9\ 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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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
[[Page 37824]]
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.\10\
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\10\ 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#32715d5f5f57405157717e677246405356571c555d44"><span class="__cf_email__" data-cfemail="7734181a1a12051412343b2237030516131259101801">[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: June 17, 2022.
Scot Fullerton,
Associate Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2022-13508 Filed 6-23-22; 8:45 am]
BILLING CODE 3510-DS-P
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