Notice2022-22000
Certain Amorphous Silica Fabric From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
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
October 11, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on certain amorphous silica fabric (silica fabric) from the People's Republic of China (China) would likely lead to continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders.
Full Text
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<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
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[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61289-61290]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22000]
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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: Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) and countervailing duty
(CVD) orders on certain amorphous silica fabric (silica fabric) from
the People's Republic of China (China) would likely lead to
continuation or recurrence of dumping, net countervailable subsidies,
and material injury to an industry in the United States, Commerce is
publishing a notice of continuation of the AD and CVD orders.
DATES: October 11, 2022.
FOR FURTHER INFORMATION CONTACT: Erin Kearney (AD) or Natasia Harrison
(CVD), 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) 482-0167
or (202) 482-1240, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 17, 2017, Commerce published in the Federal Register the
AD and CVD orders on silica fabric from China.\1\ On February 1, 2022,
Commerce published the notice of initiation of the first sunset review
of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\
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\1\ See Certain Amorphous Silica Fabric from the People's
Republic of China: Antidumping Duty Order, 82 FR 14314 (AD Order);
and Certain Amorphous Silica Fabric from the People's Republic of
China: Countervailing Duty Order, 82 FR 14316 (March 17, 2017) (CVD
Order) (collectively, the Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 5467
(February 1, 2022).
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As a result of its reviews, Commerce determined that revocation of
the AD Order would likely lead to continuation or recurrence of dumping
and that revocation of the CVD Order would likely lead to the
continuation or recurrence of countervailable subsidies. Therefore,
Commerce notified the ITC of the magnitude of the dumping margins and
countervailable subsidy rates likely to prevail should the Orders be
revoked.\3\ On September 28, 2022, the ITC published its
determinations, pursuant to section 751(c) and 752(a) of the Act, that
revocation of the Orders would likely lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time.\4\
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\3\ See Certain Amorphous Silica Fabric from the People's
Republic of China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order, 87 FR 34641 (June 7, 2022),
and accompanying Issues and Decision Memorandum (IDM); see also
Certain Amorphous Silica Fabric from the People's Republic of China:
Final Results of the Expedited First Sunset Review of the
Antidumping Duty Order, 87 FR 34845 (June 8, 2022), and accompanying
IDM.
\4\ See Certain Amorphous Silica Fabric from China;
Determinations, 87 FR 58821 (September 28, 2022).
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Scope of the Orders
The product covered by the Orders is woven (whether from yarns or
rovings) industrial grade amorphous silica fabric, which contains a
minimum of 90 percent silica (SiO<INF>2</INF>) by nominal weight, and a
nominal width in excess of 8 inches. The Orders cover 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 Orders cover
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 Orders cover industrial grade amorphous silica fabric
regardless of whether the fabric is colored.
[[Page 61290]]
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 Orders cover 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 Orders cover
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 these Orders.
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 Orders if performed in the
country of manufacture of the in-scope industrial grade amorphous
silica fabric.
Excluded from the scope of the Orders 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 (SiO<INF>2</INF>) 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.\5\
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\5\ Areal shrinkage is expressed as the following percentage:
(Fired Area, cm\2\-Initial Area, cm\2\) x 100 = Areal Shrinkage, %
Initial Area, cm\2\.
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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 these Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to a continuation or a
recurrence of dumping, countervailable subsidies, and of material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act, Commerce hereby orders the continuation of the
Orders. U.S. Customs and Border Protection will continue to collect AD
and CVD cash deposits at the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation of the Orders will be the
date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, Commerce
intends to initiate the next five-year review of the Orders no later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Timely notification of return/destruction of APO
materials or conversion to judicial protective order is hereby
requested. Failure to comply is a violation of the APO which may be
subject to sanctions.
Notification to Interested Parties
This five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: October 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-22000 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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