Notice2023-01915
Notice of Scope Ruling Applications Filed in Antidumping and Countervailing Duty Proceedings
Primary source
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Published
January 31, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. 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 December 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 20 (Tuesday, January 31, 2023)</title>
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[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6234-6235]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01915]
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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 U.S. 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 December
2022.
DATES: Applicable January 31, 2023.
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 December 2022. This notification includes, for
each scope application: (1) identification of the AD
[[Page 6235]]
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
Certain Artist Canvas from the People's Republic of China (China)
(A-570-899); Canvas Banner Matisse Coated Fabric (CBM); \2\ produced in
and exported from China; submitted by Printing Textiles LLC dba Berger
Textiles (Berger); December 15, 2022; ACCESS scope segment ``Berger
Coated Fabrics.''
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\2\ The Canvas Banner Matisse (``CBM'') of the scope ruling
request is 600 denier 100% polyester fabric woven (i.e., warp and
weft) filament fiber, weighing approximately 270 GSM, that has been
coated with polyvinyl acetate/acrylate type polymers. One side of
the fabric has been coated and is visible to the naked eye. The
coated side has hydrophobic sealing and fireproof agents. The bottom
priming/coating does not promote the adherence of artistic
materials. The fabrics are imported as rolls in various lengths with
no designs. CBM is produced in China and is exported from China. The
declared country of origin is China. CBM 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 manmade fibers: Other: Other''.
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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.\3\
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.\4\ 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.\5\
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\3\ 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.
\4\ 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).
\5\ 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 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.\6\
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\6\ 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#6e2d0103030b1c0d0b2d223b2e1a1c0f0a0b40090118"><span class="__cf_email__" data-cfemail="73301c1e1e16011016303f263307011217165d141c05">[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: January 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-01915 Filed 1-30-23; 8:45 am]
BILLING CODE 3510-DS-P
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