87 FR 195 pgs. 61289-61290 - Certain Amorphous Silica Fabric From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
Type: NOTICEVolume: 87Number: 195Pages: 61289 - 61290
Pages: 61289, 61290Docket number: [A-570-038, C-570-039]
FR document: [FR Doc. 2022-22000 Filed 10-7-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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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
Footnotes:
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).
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
Footnotes:
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).
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 2 ) 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.
[top] 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.
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 2 ) 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
Footnotes:
5 ?Areal shrinkage is expressed as the following percentage: ( Fired Area, cm 2 -Initial Area, cm 2 ) × 100 = Areal Shrinkage, % Initial Area, cm 2 .
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