61252 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 

at 1–800–877–8339 and provide the FRS 

operator with Conference Call Toll-Free 

Number: 1–888–267–6301; Conference 

ID: 8658344. Members of the public are 

invited to submit written comments; the 

comments must be received in the 

regional office by Friday, February 24, 

2018. Written comments may be mailed 

to the Rocky Mountain Regional Office, 

U.S. Commission on Civil Rights, 1961 

Stout Street, Suite 13–201, Denver, CO 

80294, faxed to (303) 866–1050, or 

emailed to Evelyn Bohor at ebohor@

usccr.gov. Persons who desire 

additional information may contact the 

Rocky Mountain Regional Office at (303) 

866–1040. 

Records and documents discussed 

during the meeting will be available for 

public viewing as they become available 

at https://database.faca.gov/committee/ 

meetings.aspx?cid=274 and clicking on 

the ‘‘Meeting Details’’ and ‘‘Documents’’ 

links. Records generated from this 

meeting may also be inspected and 

reproduced at the Rocky Mountain 

Regional Office, as they become 

available, both before and after the 

meeting. Persons interested in the work 

of this advisory committee are advised 

to go to the Commission’s website, 

www.usccr.gov, or to contact the Rocky 

Mountain Regional Office at the above 

phone number, email or street address. 

Jan 10, 2018 Agenda 

• Welcome and Roll-call 

• Review Advisory Memorandum on 

Subtle Racism in South Dakota 

• Public Comment 

• Adjourn 

Jan 24, 2018 Agenda 

• Welcome and Roll-call 

• Vote on Advisory Memorandum on 

Subtle Racism in South Dakota 

• Public Comment 

• Adjourn 

Dated: December 21, 2017. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2017–27940 Filed 12–26–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[S–105–2017] 

Approval of Subzone Status; R.W. 

Smith & Co/TriMark USA, LLC; 

Lewisville, Texas 

On July 11, 2017, the Executive 

Secretary of the Foreign-Trade Zones 

(FTZ) Board docketed an application 

submitted by the Metroplex 

International Trade Development 

Corporation, grantee of FTZ 168, 

requesting subzone status subject to the 

existing activation limit of FTZ 168, on 

behalf of R.W. Smith & Co/TriMark 

USA, LLC, in Lewisville, Texas. 

The application was processed in 

accordance with the FTZ Act and 

Regulations, including notice in the 

Federal Register inviting public 

comment (82 FR 32530, July 14, 2017). 

The FTZ staff examiner reviewed the 

application and determined that it 

meets the criteria for approval. Pursuant 

to the authority delegated to the FTZ 

Board’s Executive Secretary (15 CFR 

Sec. 400.36(f)), the application to 

establish Subzone 168C was approved 

on August 25, 2017, subject to the FTZ 

Act and the Board’s regulations, 

including Section 400.13, and further 

subject to FTZ 168’s 1,909-acre 

activation limit. 

Dated: December 20, 2017. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2017–27883 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[S–164–2017] 

Approval of Subzone Status; North 

American Hoganas Company 

Johnstown, Hollsopple and St. Mary’s, 

Pennsylvania 

On October 19, 2017, the Executive 

Secretary of the Foreign-Trade Zones 

(FTZ) Board docketed an application 

submitted by the Pennsylvania Foreign 

Trade Zone Corporation, grantee of FTZ 

295, requesting subzone status subject to 

the existing activation limit of FTZ 295, 

on behalf of North American Hoganas 

Company, in Johnstown, Hollsopple and 

St, Mary’s, Pennsylvania. 

The application was processed in 

accordance with the FTZ Act and 

Regulations, including notice in the 

Federal Register inviting public 

comment (82 FR 49586–49587, October 

26, 2017). The FTZ staff examiner 

reviewed the application and 

determined that it meets the criteria for 

approval. Pursuant to the authority 

delegated to the FTZ Board Executive 

Secretary (15 CFR Sec. 400.36(f)), the 

application to establish Subzone 295B 

was approved on December 19, 2017, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.13, 

and further subject to FTZ 295’s 2,000- 

acre activation limit. 

Dated: December 20, 2017. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. 2017–27881 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–56–2017] 

Foreign-Trade Zone (FTZ) 122—Corpus 

Christi, Texas; Authorization of 

Production Activity, Voestalpine 

Texas, LLC, Subzone 122T (Hot 

Briquetted Iron and By-Products) 

Portland, Texas 

On August 18, 2017, the Port of 

Corpus Christi Authority, grantee of 

FTZ 122, submitted a notification of 

proposed production activity to the FTZ 

Board on behalf of voestalpine Texas, 

LLC, within Subzone 122T, in Portland, 

Texas. 

The notification was processed in 

accordance with the regulations of the 

FTZ Board (15 CFR part 400), including 

notice in the Federal Register inviting 

public comment (82 FR 42647–42648, 

September 11, 2017). On December 18, 

2017, the applicant was notified of the 

FTZ Board’s decision that no further 

review of the activity is warranted at 

this time. The production activity 

described in the notification was 

authorized, subject to the FTZ Act and 

the FTZ Board’s regulations, including 

Section 400.14. 

Dated: December 21, 2017. 

Elizabeth Whiteman, 

Acting Executive Secretary. 

[FR Doc. 2017–27882 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–122–860] 

100- to 150-Seat Large Civil Aircraft 

From Canada: Final Affirmative 

Countervailing Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) determines that 

countervailable subsidies are being 

provided to producers and exporters of 

100- to 150-seat large civil aircraft 

(aircraft) from Canada. The period of 

investigation (POI) is January 1, 2016, 

through December 31, 2016. For 

information on the estimated subsidy 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 61253 

1See 100- to 150-Seat Large Civil Aircraft from 

Canada: Preliminary Affirmative Countervailing 

Duty Determination and Alignment of Final 

Determination with Final Antidumping Duty 

Determination, 82 FR 45807 (October 2, 2017) 

(Preliminary Determination), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum from James P. Maeder, Senior 

Director performing the duties of the Deputy 

Assistant Secretary for Antidumping and 

Countervailing Duty Operations, to P. Lee Smith, 

Deputy Assistant Secretary for Policy and 

Negotiations performing the duties of Deputy 

Assistant Secretary for Enforcement and 

Compliance, entitled, ‘‘Issues and Decision 

Memorandum for the Final Determination in the 

Countervailing Duty Investigation of 100- to 15-Seat 

Large Civil Aircraft from Canada,’’ dated 

concurrently with this notice (Issues and Decision 

Memorandum). 

3See Memorandum ‘‘Verification of the 

Questionnaire Responses of Caisse de de ́poˆt et 

placement du Que ́bec (CDPQ, or Caisse),’’ dated 

October 17, 2017; Memorandum ‘‘Verification of the 

Questionnaire Responses of the Government of 

Canada (GOC),’’ dated October 23, 2017; 

Memorandum ‘‘Verification of the Questionnaire 

Responses of Bombardier, Inc. Pertaining to Short 

Brothers PLC,’’ dated November 1, 2017; 

Memorandum ‘‘Verification of the Questionnaire 

Responses of the Government of Que ́bec (GOQ),’’ 

dated November 3, 2017; Memorandum 

‘‘Verification of the Questionnaire Responses of the 

Government of the United Kingdom,’’ dated 

November 3, 2017; and Memorandum ‘‘Verification 

of the Questionnaire Responses of Bombardier, Inc. 

and the C Series Aircraft Limited Partnership,’’ 

dated November 7, 2017. 

4See Memorandum ‘‘Countervailing Duty 

Investigation of 100- to 150-Seat Large Civil Aircraft 

from Canada: Final Determination Calculation 

Memorandum for Bombardier, Inc. and the C Series 

Aircraft Limited Partnership,’’ dated concurrently 

with this notice (Final Analysis Memorandum). 

5The Department found the following companies 

to be cross-owned with Bombardier: C Series 

Aircraft Limited Partnership; Short Brothers PLC 

(Shorts); and BT (Investment) UK Limited. 

Additionally, the Department found that 

Bombardier and Short Brothers PLC comprise an 

international consortium within the meaning of 

section 701(d) of the Act. 

rates, see the ‘‘Final Determination’’ 

section of this notice. 

DATES: Applicable December 27, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Medley or Ross Belliveau, AD/ 

CVD Operations, Office II, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4987, or (202) 482–4952, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

The petitioner in this investigation is 

The Boeing Company. In addition to the 

Governments of Canada, Quebec and the 

United Kingdom, the mandatory 

respondent in this investigation is 

Bombardier Inc. (Bombardier). 

The events that occurred since the 

Department published the Preliminary 

Determination 1 on October 2, 2017, are 

discussed in the Issues and Decision 

Memorandum, which is hereby adopted 

by this notice.2 The Issues and Decision 

Memorandum also details the changes 

we made since the Preliminary 

Determination to the subsidy rates 

calculated for the mandatory respondent 

and all other producers/exporters. The 

Issues and Decision Memorandum is a 

public document and is on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at http://access.trade.gov, and is 

available to all parties in the Central 

Records Unit, Room B8024 of the main 

Department of Commerce building. In 

addition, a complete version of the 

Issues and Decision Memorandum can 

be accessed directly at http://

enforcement.trade.gov/frn/index.html. 

The signed Issues and Decision 

Memorandum and the electronic 

version of the Issues and Decision 

Memorandum are identical in content. 

Scope of the Investigation 

The scope of the investigation is 

aircraft from Canada. For a complete 

description of the scope of the 

investigation, see Appendix I. 

Analysis of Subsidy Programs and 

Comments Received 

The subsidy programs under 

investigation and the issues raised in 

the case and rebuttal briefs by parties in 

this investigation are discussed in the 

Issues and Decision Memorandum. A 

list of the issues that parties raised, and 

to which we responded in the Issues 

and Decision Memorandum, is attached 

to this notice as Appendix II. 

Verification 

As provided in section 782(i) of the 

Tariff Act of 1930, as amended (the Act), 

during September and October 2017, the 

Department verified the subsidy 

information reported by the 

Governments of Canada, Quebec and the 

United Kingdom, and Bombardier. We 

used standard verification procedures, 

including an examination of relevant 

accounting records and original source 

documents provided by the 

respondents.3

Changes Since the Preliminary 

Determination 

Based on our review and analysis of 

the comments received from parties, 

and minor corrections presented at 

verification, we made certain changes to 

Bombardier’s subsidy rate calculations 

since the Preliminary Determination. As 

a result of these changes, the 

Department has also revised the ‘‘allothers’’ rate. For a discussion of these 

changes, see the Issues and Decision 

Memorandum and the Final Analysis 

Memorandum.4

Final Determination 

In accordance with section 

705(c)(1)(B)(i)(I) of the Act, we 

calculated a rate for Bombardier (the 

only individually investigated exporter/ 

producer of subject merchandise). 

Section 705(c)(5)(A)(i) of the Act states 

that, for companies not individually 

investigated, we will determine an ‘‘all 

others’’ rate equal to the weightedaverage countervailable subsidy rates 

established for exporters and producers 

individually investigated, excluding any 

zero and de minimis countervailable 

subsidy rates, and any rates determined 

entirely under section 776 of the Act. 

Where the rates for investigated 

companies are zero or de minimis, or 

based entirely on facts otherwise 

available, section 705(c)(5)(A)(ii) of the 

Act instructs the Department to 

establish an ‘‘all others’’ rate using ‘‘any 

reasonable method.’’ 

Because the only individually 

calculated rate is not zero, de minimis, 

or based entirely on facts otherwise 

available, in accordance with 

705(c)(5)(A)(i) of the Act, the rate 

calculated for Bombardier is assigned as 

the all-others rate. We determine the 

total estimated net countervailable 

subsidy rates to be: 

Company Subsidy rate 

(percent) 

Bombardier, Inc. 5 ................. 212.39 

All-Others .............................. 212.39 

Disclosure 

The Department will disclose the 

calculations performed within five days 

of the date of publication of this notice 

to parties in this proceeding in 

accordance with 19 CFR 351.224(b). 

Continuation of Suspension of 

Liquidation 

In accordance with section 703(d) of 

the Act, we will instruct U.S. Customs 

and Border Protection (CBP) to continue 

to suspend liquidation of subject 

merchandise entered, or withdrawn 

from warehouse, on or after October 2, 

2017, the date of publication of the 

Preliminary Determination. 

International Trade Commission (ITC) 

Notification 

In accordance with section 705(d) of 

the Act, we will notify the ITC of our 


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61254 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Notices 

determination. In addition, we are 

making available to the ITC all nonprivileged and non-proprietary 

information related to this investigation. 

We will allow the ITC access to all 

privileged and business proprietary 

information in our files, provided the 

ITC confirms that it will not disclose 

such information, either publicly or 

under an administrative protective order 

(APO), without the written consent of 

the Assistant Secretary for Enforcement 

and Compliance. 

Because the final determination in 

this proceeding is affirmative, in 

accordance with section 705(b) of the 

Act, the ITC will make its final 

determination as to whether the 

domestic industry in the United States 

is materially injured, or threatened with 

material injury, by reason of imports of 

aircraft from Canada no later than 45 

days after our final determination. If the 

ITC determines that material injury or 

threat of material injury does not exist, 

the proceeding will be terminated and 

all cash deposits will be refunded. If the 

ITC determines that such injury does 

exist, the Department will issue a CVD 

order directing CBP to assess, upon 

further instruction by the Department, 

countervailing duties on all imports of 

the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the effective 

date of the suspension of liquidation, as 

discussed above in the ‘‘Continuation of 

Suspension of Liquidation’’ section. 

Notification Regarding Administrative 

Protective Orders 

In the event that the ITC issues a final 

negative injury determination, this 

notice will serve as the only reminder 

to parties subject to the 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 the return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

This determination is issued and 

published pursuant to sections 705(d) 

and 777(i) of the Act. 

Dated: December 18, 2017. 

P. Lee Smith, 

Deputy Assistant Secretary for Policy and 

Negotiations performing the duties of Deputy 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix I 

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 U.S. Federal Aviation 

Administration (FAA) type certificate or 

supplemental type certificate that also covers 

other aircraft with a minimum 2,900 nautical 

mile range. 

The scope includes all aircraft covered by 

the description above, regardless of whether 

they enter the United States fully or partially 

assembled, and regardless of whether, at the 

time of entry into the United States, they are 

approved for use by the FAA. 

The merchandise covered by this 

investigation is currently classifiable under 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheading 8802.40.0040. 

The merchandise may alternatively be 

classifiable under HTSUS subheading 

8802.40.0090. Although these HTSUS 

subheadings are provided for convenience 

and customs purposes, the written 

description of the scope of the investigation 

is dispositive. 

Appendix II 

List of Topics Discussed in the Issues and 

Decision Memorandum 

Summary 

Background 

Case History 

Period of Investigation 

Scope of the Investigation 

I. Scope Comments 

Subsidies Valuation Information 

A. Allocation Period 

B. Attribution of Subsidies 

C. Denominators 

D. Creditworthiness 

E. Equityworthiness 

F. Loan Benchmarks and Interest Rates 

Analysis of Programs 

A. Programs Determined To Be 

Countervailable 

B. Programs Determined Not to Provide 

Countervailable Benefits During the POI 

C. Programs Determined Not To Be Used 

During the POI 

D. Programs Determined To Be Not 

Countervailable 

Analysis of Comments 

Comment 1: Countervailability of the 

CDPQ Equity Infusion 

Comment 2: Whether CDPQ Is an 

Authority 

Comment 3: Whether the Department 

Should Accept the Petitioner’s Rebuttal 

Factual Information Regarding the CDPQ 

Verification Report 

Comment 4: Equityworthiness of IQ’s 

Investment in CSALP 

Comment 5: Whether To Revise the 

Calculation of the IQ Equity Infusion 

Comment 6: Whether the International 

Consortia Provision of the Act Applies to 

This Investigation 

Comment 7: Creditworthiness of 

Bombardier, Shorts, and the C Series 

Program 

Comment 8: Whether the U.K. Launch 

Aid Provides a Market Rate of Return 

Comment 9: Analyzing the U.K. Launch 

Aid Separately From the GOC and GOQ 

Launch Aid 

Comment 10: The Appropriate 

Denominator for the GOC Launch Aid 

Comment 11: Capping the Launch Aid 

Benefit Amounts 

Comment 12: The Appropriate 

Benchmark for the U.K., GOC, and GOQ 

Launch Aid 

Comment 13: Whether To Adjust the 

Benefit Streams for the U.K., GOC, and 

GOQ Launch Aid 

Comment 14: The Appropriate 

Benchmark for the Land Provided at 

Mirabel for LTAR 

Comment 15: Whether ADM Is an 

Authority 

Comment 16: Emploi-Que ́bec Grants: 

Specificity and Benefit Calculation 

Comment 17: Whether the GOQ and GOC 

SR&ED Tax Credits Are Countervailable 

Comment 18: Bombardier’s Federal 

SR&ED Tax Credit 

Comment 19: Specificity and Benefits of 

U.K. Tax Credits 

Comment 20: Specificity of INI, Resource 

Efficiency, Innovate UK and ATI Grants 

Comment 21: Removal of the Nautical 

Mile Range Criterion 

Comment 22: Revision of the Seating 

Capacity 

Comment 23: Bombardier-Airbus 

Transaction 

Conclusion 

[FR Doc. 2017–27875 Filed 12–26–17; 8:45 am] 

BILLING CODE 3510–DS–P 


daltland on DSKBBV9HB2PROD with NOTICES