100- to 150-Seat Large Civil Aircraft from Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value
Citation: "82 FR 47697"
Document Number: "A-122-859"
Page Number: "47697"
FOR FURTHER INFORMATION CONTACT:
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on
FOOTNOTE 1 See 100- to 150-Seat Large Civil Aircraft From Canada: Initiation of Less-Than-Fair-Value Investigation, 82 FR 24296 (
FOOTNOTE 2 See Memorandum, "Decision Memorandum for the Preliminary Determination in the Less Than Fair Value Investigation of 100- To 150-Seat Large Civil Aircraft from
Scope of the Investigation
The product covered by this investigation is aircraft from
In accordance with the preamble to the Department's regulations, /3/ in the Initiation Notice, the Department set aside a period of time for parties to raise issues regarding product coverage (i.e., scope). /4/ Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all scope comments timely received, See the Scope Comments Decision Memorandum for the Preliminary Determination. /5/ The Department is not preliminarily modifying the scope language as it appeared in the Initiation Notice. See the scope in Appendix I to this notice.
FOOTNOTE 3 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (
FOOTNOTE 4 See Initiation Notice. END FOOTNOTE
FOOTNOTE 5 See Memorandum, "100- To 150-Seat Large Civil Aircraft from
Adverse Facts Available
Bombardier Inc. (
FOOTNOTE 6 See Letter to the Honorable
FOOTNOTE 7 See also memorandum, "Application of Adverse Facts Available to
The Department is conducting this investigation in accordance with section 731 of the Act. Pursuant to section 776(a) and (b) of the Act, the Department has preliminarily relied upon facts otherwise available with adverse inferences for
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis dumping margins, and any dumping margins determined entirely under section 776 of the Act. Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely on facts otherwise available, the Department may use any reasonable method to establish the estimated weighted-average dumping margin for all-other producers or exporters.
The Department has preliminarily determined the estimated weighted-average dumping margin for the individually examined respondent entirely under section 776 of the Act. Consequently, pursuant to section 735(c)(5)(B) of the Act, the Department's normal practice under these circumstances has been to calculate the "all-others"` rate as a simple average of the alleged dumping margins from the Petition. /8/ The Petition for this investigation included a single alleged dumping margin. Therefore, for purposes of determining the "all-others" rate and pursuant to section 735(c)(5)(B) of the Act, we are using the alleged dumping margin in the Petition as the estimated weighted-average dumping margin assigned to all other producers and exporters of subject merchandise. For a full description of the methodology underlying the Department's analysis, See the Preliminary Decision Memorandum.
FOOTNOTE 8 See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite from the
The Department preliminarily determines that the following estimated weighted-average dumping margins exist:
Exporter/producer Estimated Cash deposit rate (adjusted
weighted- for subsidy offset(s))
All-Others 79.82 Not Applicable.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, the Department will direct
The Department normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. However, because the Department has not made a preliminary affirmative determination for countervailable export subsidies in the companion CVD proceeding, the Department has not adjusted the estimated weighted-average dumping margin to offset countervailable export subsidies.
Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of the notice of preliminary determination in the
Because the examined respondent in this investigation did not provide information requested by the Department, and the Department preliminarily determines the examined respondent to have been uncooperative, we will not conduct verification.
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 21 days after the date of publication of the preliminary determination, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs. /9/ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.
FOOTNOTE 9 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). END FOOTNOTE
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance,
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that the Department will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, the Department intends to make its final determination no later than 75 days after the signature date of this preliminary determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, the Department will notify the
Notification to Interested Parties
This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Scope of the Investigation
The merchandise covered by this investigation is aircraft, regardless of seating configuration, that have a standard 100- to 150-seat two-class seating capacity and a minimum 2,900 nautical mile range, as these terms are defined below.
"Standard 100- to 150-seat two-class seating capacity" refers to the capacity to accommodate 100 to 150 passengers, when eight passenger seats are configured for a 36-inch pitch, and the remaining passenger seats are configured for a 32-inch pitch. "Pitch" is the distance between a point on one seat and the same point on the seat in front of it.
"Standard 100- to 150-seat two-class seating capacity" does not delineate the number of seats actually in a subject aircraft or the actual seating configuration of a subject aircraft. Thus, the number of seats actually in a subject aircraft may be below 100 or exceed 150.
A "minimum 2,900 nautical mile range" means:
(i) Able to transport between 100 and 150 passengers and their luggage on routes equal to or longer than 2,900 nautical miles; or
(ii) covered by a
The scope includes all aircraft covered by the description above, regardless of whether they enter
The merchandise covered by this investigation is currently classifiable under Harmonized Tariff Schedule of
List of Topics Discussed in the Preliminary Decision Memorandum
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference
A. Application of Facts Available
B. Use of Adverse Inference
C. Preliminary Estimated Weighted-Average Dumping Margin Based on Adverse Facts Available
D. Corroboration of the AFA Rate
[FR Doc. 2017-22203 Filed 10-12-17;
BILLING CODE 3510-DS-P
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