Notice2023-02214
Certain Amorphous Silica Fabric From the People's Republic of China: Final Affirmative Determinations of Circumvention
Primary source
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Published
February 3, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 23 (Friday, February 3, 2023)</title>
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[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7400-7401]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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
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