Countervailing Duty Investigation of 53-Foot Domestic Dry Containers From the People's Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 58320-58322 [2014-23130]
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58320
Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
Final Results of Antidumping and
Countervailing Duty Changed
Circumstances Reviews, and
Revocation of the Orders in Part
At the request of GPI, and in
accordance with sections 751(b)(1) and
751(d)(1) of the Act, 19 CFR 351.216,
and 19 CFR 351.222(g)(1), the
Department initiated a changed
circumstances review of ravioli and
tortellini filled with cheese and/or
vegetables from Italy to determine
whether a partial revocation of the
Orders is warranted with respect to
these products.12 In addition, we
determined that expedited action is
warranted and, consistent with 19 CFR
351.221(c)(3)(ii), combined the notices
of initiation and preliminary results.13
Based on the expression of no interest
by Petitioners,14 which stated that they
are producers accounting for
substantially all of the production of the
domestic like product in support of the
Orders,15 and absent any objections by
other domestic interested parties, we
preliminarily determined that
substantially all of the domestic
producers of the like product have no
interest in the continued application of
the Orders to the merchandise that is
subject to GPI’s request and that partial
revocation of the Orders is appropriate.
Accordingly, we notified the public of
our intent to revoke, in part, the AD and
CVD Orders as they relate to imports of
ravioli and tortellini filled with cheese
and/or vegetables from Italy.16 We did
not receive any comments from parties
objecting to the partial revocation.
Because all parties to the proceeding
agree to the outcome of the review, we
are issuing these final results of changed
circumstances review within 45 days of
initiation in accordance with 19 CFR
351.216(e). Therefore, in accordance
with sections 751(d)(1) and 782(h) of the
Act and 19 CFR 351.222(g)(1)(i) of the
Department’s regulations, we are
partially revoking the Orders with
regard to the specific products meeting
the specifications described below. This
partial revocation will be applied
retroactively to entries of ravioli and
tortellini filled with cheese and/or
vegetables, entered or withdrawn from
12 See
Initiation and Preliminary Results.
tkelley on DSK3SPTVN1PROD with NOTICES
13 Id.
14 Petitioners in this proceeding include A.
Zerega’s Sons, Inc., American Italian Pasta
Company, Dakota Growers Pasta Company, New
World Pasta Company, Philadelphia Macaroni
Company, and ST Specialty Foods. See Letter from
Petitioners, ‘‘Changed Circumstances Review
Request—Certain Pasta From Italy’’(May 16, 2014).
15 See Letter from Petitioner, ‘‘Changed
Circumstances Review Request—Certain Pasta From
Italy’’ (May 16, 2014).
16 See Initiation and Preliminary Results.
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warehouse, for consumption, on or after
July 1, 2012 for the AD order and
January 1, 2012 for the CVD order,
which correspond to the day following
the last day of the most recently
completed administrative reviews under
each order.17 The scope of the AD and
CVD orders are modified to read as
follows:
Imports covered by these orders are
shipments of certain non-egg pasta in
packages of five pounds four ounces or less,
whether or not enriched or fortified or
containing milk or other optional ingredients
such as chopped vegetables, vegetable
purees, milk, gluten, diastasis, vitamins,
coloring and flavorings, and up to two
percent egg white. The pasta covered by this
scope is typically sold in the retail market,
in fiberboard or cardboard cartons, or
polyethylene or polypropylene bags of
varying dimensions.
Excluded from the scope of these orders
are refrigerated, frozen, or canned pastas, as
well as all forms of egg pasta, with the
exception of non-egg dry pasta containing up
to two percent egg white. Also excluded are
imports of organic pasta from Italy that are
accompanied by the appropriate certificate
issued by the Instituto Mediterraneo Di
Certificzione, by QC&I International Services,
by Ecocert Italia, by Consorzio per il
Controllo dei Prodotti Biologici, by
Associazion Italiana per l’Agricoltra
Biologica, by Ambientale.18 Effective July 1,
2008, gluten-free pasta is also excluded from
the AD order.19 Effective January 1, 2009,
gluten-free pasta is also excluded from the
scope of the CVD order.20 Effective July 1,
2012, ravioli and tortellini filled with cheese
and/or vegetables are also excluded from the
scope of the AD order. Effective January 1,
2012, ravioli and tortellini filled with cheese
and/or vegetables are also excluded from the
scope of the CVD order.
The merchandise subject to these
orders is currently classifiable under
items 1901.90.9095 and 1902.19.20 of
the HTSUS. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
subject to the description of the
merchandise subject to the orders is
dispositive.
17 See, e.g., Wooden Bedroom Furniture from the
People’s Republic of China: Final Results of
Changed Circumstances Review and Determination
to Revoke Order in Part, 74 FR 8506 (February 25,
2009) (retroactively revoking an order, in part, to
unliquidated entries not subject to a final
determination by the Department).
18 See Memorandum from Yasmin Nair to Susan
Kuhbach, entitled ‘‘Recognition of EU Organic
Certifying Agents for Certifying Organic Pasta from
Italy’’ (October 10, 2012), which is on file in the
Department’s Central Records Unit (CRU) in Room
7046 of the main Department building.
19 See Certain Pasta from Italy: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review and Revocation, in Part, 74
FR 41120 (August 14, 2009).
20 See Pasta from Italy CVD CCR.
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Instructions to U.S. Customs and
Border Protection
As we stated in our Initiation and
Preliminary Results, we will instruct
U.S. Customs and Border Protection to
end the suspension of liquidation for
the merchandise covered by the
revocation on the effective dates of this
notice of revocation, in part, and to
release any cash deposit or bond,
pursuant to 19 CFR 351.222(g)(4).
Notification
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. 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 sanctionable
violation.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(e), 351.221(b)(5), and
351.222(g).
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–23129 Filed 9–26–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–015]
Countervailing Duty Investigation of
53-Foot Domestic Dry Containers From
the People’s Republic of China:
Preliminary Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of 53-foot
domestic dry containers (‘‘domestic dry
containers’’) from the People’s Republic
of China (the ‘‘PRC’’). We invite
interested parties to comment on this
preliminary determination.
DATES: Effective Date: September 29,
2014.
FOR FURTHER INFORMATION CONTACT:
Yasmin Nair, David Cordell or Ilissa
AGENCY:
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
Shefferman, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone
202.482.3813, 202.482.0408 or
202.482.4684, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to
investigation is closed (i.e., not open
top) van containers exceeding 14.63
meters (48 feet) but generally measuring
16.154 meters (53 feet) in exterior
length, which are designed for the
intermodal transport 1 of goods other
than bulk liquids within North America
primarily by rail or by road vehicle, or
by a combination of rail and road
vehicle (domestic containers). The
merchandise is known in the industry
by varying terms including ‘‘53-foot
containers,’’ ‘‘53-foot dry containers,’’
‘‘53-foot domestic dry containers,’’
‘‘domestic dry containers’’ and
‘‘domestic containers.’’ Imports of the
subject merchandise are provided for
under subheading 8609.00.0000 of the
Harmonized Tariff Schedule of the
United States (HTSUS). Imports of the
subject merchandise which meet the
definition of and requirements for
‘‘instruments of international traffic’’
pursuant to 19 U.S.C. § 1322 and 19
C.F.R. § 10.41a may be classified under
subheading 9803.00.50, HTSUS. While
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the subject
merchandise is dispositive. For a
complete description of the scope of this
investigation, see the Memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Countervailing Duty Investigation of
53-Foot Domestic Dry Containers from
the People’s Republic of China: Decision
Memorandum for the Preliminary
Determination,’’ dated concurrently
with, and hereby adopted by, this notice
(‘‘Preliminary Decision Memo’’).
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For each of the
subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.2 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memo. The
Preliminary Decision Memo is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘IA ACCESS’’). IA ACCESS is available
to registered users at https://
iaaccess.trade.gov, and is available to all
parties in the Central Records Unit,
Room 7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memo can be accessed directly
at https://trade.gov/enforcement. The
signed Preliminary Decision Memo and
the electronic versions of the
Preliminary Decision Memo are
identical in content.
The Department notes that, in making
these findings, we relied, in part, on
facts available and, because one or more
respondents did not act to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference where
appropriate in selecting from among the
facts otherwise available.3 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the Preliminary Decision
Memo.
Alignment
As noted in the Preliminary Decision
Memo, in accordance with section
705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (‘‘AD’’)
investigation of domestic dry containers
from the PRC based on a request made
by the petitioner. Consequently, the
final CVD determination will be issued
on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
February 2, 2015, unless postponed.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual rate for each exporter/
producer of the subject merchandise
individually investigated. We
preliminarily determine the
countervailable subsidy rates to be:
Exporter/Producer
Subsidy rate
tkelley on DSK3SPTVN1PROD with NOTICES
CIMC International Marine Containers (Group) Co., Ltd. (CIMC Group); CIMC Containers Holding Co., Ltd. (CIMC Holding);
CIMC Wood Development Co., Ltd. (CIMC Wood); Guangdong Xinhui CIMC Special Transportation Equipment Co., Ltd.
(Xinhui Special); Qingdao CIMC Containers Manufacture Co., Ltd. (Qingdao CIMC); Nantong CIMC-Special Transportation
Equipment Manufacture Co., Ltd. (Nantong CIMC); Xinhui CIMC Container Co., Ltd. (Xinhui Container); and Xinhui CIMC
Wood Co., Ltd. (Xinhui Wood) (collectively, ‘‘CIMC’’) .....................................................................................................................
Hui Zhou Pacific Container Co., Ltd.; Qingdao Pacific Container Co., Ltd.; and Qidong Singamas Energy Equipment Co., Ltd.
(collectively, ‘‘Singamas’’) ................................................................................................................................................................
All-Others .............................................................................................................................................................................................
10.46%
7.13%
8.79%
In accordance with sections
703(d)(1)(B) and (d)(2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of domestic dry containers from
the PRC that are entered, or withdrawn
from warehouse, for consumption on or
after the date of the publication of this
notice in the Federal Register, and to
require a cash deposit for such entries
of merchandise in the amounts
indicated above.
In accordance with sections 703(d)
and 705(c)(5)(A) of the Act, for
companies not investigated, we apply
an ‘‘all-others rate’’, which is normally
calculated by weighting the subsidy
rates of the individual companies
selected as respondents by those
companies’ exports of the subject
merchandise to the United States.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we have not
calculated the ‘‘all-others’’ rate by
1 ‘‘Intermodal transport’’ refers to a movement of
freight using more than one mode of transportation,
most commonly on a container chassis for on-the-
road transportation and on a rail car for rail
transportation.
2 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
3 See sections 776(a) and (b) of the Act.
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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / Notices
weight averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, for
the ‘‘all-others’’ rate, we calculated a
simple average of the two responding
firms’ rates.
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
tkelley on DSK3SPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department will disclose
calculations performed for this
preliminary determination to the parties
within five days of the date of public
announcement of this determination in
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
for all non-scope issues may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than seven days after the date on which
the final verification report is issued in
this proceeding, and rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline date for case briefs.4
A table of contents, list of authorities
used and an executive summary of
issues should accompany any briefs
submitted to the Department. This
summary should be limited to five pages
total, including footnotes.
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using IA ACCESS. An
electronically filed request for a hearing
must be received successfully in its
entirety by the Department’s electronic
records system, IA ACCESS, by 5:00
p.m. Eastern Time, within 30 days after
the date of publication of this notice.5
Requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date and
time to be determined. Parties will be
notified of the date and time of any
hearing. The hearing will be limited to
issues raised in the respective briefs.6
4 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
5 See 19 CFR 351.310(c).
6 Id.
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16:44 Sep 26, 2014
Jkt 232001
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating 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, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memo
I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Application of the Countervailing Duty
Law to Imports from the PRC
IX. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
X. Benchmarks and Discount Rates
A. Short-Term RMB-Denominated Loans
B. Long-Term RMB-Denominated Loans
C. Foreign Currency-Denominated Loans
D. Discount Rates
XI. Use of Facts Otherwise Available and
Adverse Inferences
XII. Analysis of Programs
A. Programs Preliminarily Determined to
Be Countervailable
1. Preferential Loans to SOEs
2. Export Seller’s Credits from China Ex-Im
3. Provision of Electricity for LTAR
4. Provision of Hot-Rolled Sheet and Plate
for LTAR
5. Provision of Hot-Rolled Steel I-Beams for
LTAR
6. Two Free/Three Half Program for
Foreign Invested Enterprises (FIEs)
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Fmt 4703
Sfmt 4703
7. Preferential Tax Programs for Enterprises
Recognized as High or New Technology
Enterprises (HNTEs)
8. Enterprise Tax Law Research and
Development Program Grants
B. Programs Preliminary Determined Not to
Be Used During the POI
1. Export Buyer’s Program
C. Programs With No Measurable Benefit
1. ‘‘Famous Brands’’ Program
2. Other Grants to Singamas
D. Programs For Which Additional
Information is Needed
1. Other Grants to CIMC
XIII. Verification
XIV. Conclusion
[FR Doc. 2014–23130 Filed 9–26–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–818]
Low-Enriched Uranium From France:
Final Results of Antidumping Duty
Administrative Review; 2012–2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 24, 2014, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on lowenriched uranium (LEU) from France.1
The review covers one producer or
exporter of the subject merchandise,
Eurodif S.A., AREVA NC, and AREVA
NC, Inc. (collectively AREVA). The
Department determines that AREVA
made no shipments of subject
merchandise during the POR.
DATES: Effective Date: September 29,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Andrew Huston, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4261.
SUPPLEMENTARY INFORMATION:
Background
Since the Preliminary Results, the
following events have taken place: the
Department received timely case briefs
from USEC Inc., and the United States
Enrichment Corporation (collectively
Petitioners), and AREVA on April 23,
2014. Petitioners, AREVA, and Global
1 See Low Enriched Uranium from France;
Preliminary Results of Antidumping Duty
Administrative Review; 2012–2013, 79 FR 15955
(March 24, 2014) (Preliminary Results).
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[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Notices]
[Pages 58320-58322]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23130]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-015]
Countervailing Duty Investigation of 53-Foot Domestic Dry
Containers From the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of 53-foot domestic dry containers (``domestic
dry containers'') from the People's Republic of China (the ``PRC''). We
invite interested parties to comment on this preliminary determination.
DATES: Effective Date: September 29, 2014.
FOR FURTHER INFORMATION CONTACT: Yasmin Nair, David Cordell or Ilissa
[[Page 58321]]
Shefferman, AD/CVD Operations, Office VI, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
202.482.3813, 202.482.0408 or 202.482.4684, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The merchandise subject to investigation is closed (i.e., not open
top) van containers exceeding 14.63 meters (48 feet) but generally
measuring 16.154 meters (53 feet) in exterior length, which are
designed for the intermodal transport \1\ of goods other than bulk
liquids within North America primarily by rail or by road vehicle, or
by a combination of rail and road vehicle (domestic containers). The
merchandise is known in the industry by varying terms including ``53-
foot containers,'' ``53-foot dry containers,'' ``53-foot domestic dry
containers,'' ``domestic dry containers'' and ``domestic containers.''
Imports of the subject merchandise are provided for under subheading
8609.00.0000 of the Harmonized Tariff Schedule of the United States
(HTSUS). Imports of the subject merchandise which meet the definition
of and requirements for ``instruments of international traffic''
pursuant to 19 U.S.C. Sec. 1322 and 19 C.F.R. Sec. 10.41a may be
classified under subheading 9803.00.50, HTSUS. While HTSUS subheadings
are provided for convenience and customs purposes, the written
description of the subject merchandise is dispositive. For a complete
description of the scope of this investigation, see the Memorandum from
Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ``Countervailing Duty Investigation of 53-
Foot Domestic Dry Containers from the People's Republic of China:
Decision Memorandum for the Preliminary Determination,'' dated
concurrently with, and hereby adopted by, this notice (``Preliminary
Decision Memo'').
---------------------------------------------------------------------------
\1\ ``Intermodal transport'' refers to a movement of freight
using more than one mode of transportation, most commonly on a
container chassis for on-the-road transportation and on a rail car
for rail transportation.
---------------------------------------------------------------------------
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that gives rise to a
benefit to the recipient, and that the subsidy is specific.\2\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memo. The Preliminary
Decision Memo is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://iaaccess.trade.gov, and is
available to all parties in the Central Records Unit, Room 7046 of the
main Department of Commerce building. In addition, a complete version
of the Preliminary Decision Memo can be accessed directly at https://trade.gov/enforcement. The signed Preliminary Decision Memo and the
electronic versions of the Preliminary Decision Memo are identical in
content.
---------------------------------------------------------------------------
\2\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------
The Department notes that, in making these findings, we relied, in
part, on facts available and, because one or more respondents did not
act to the best of their ability to respond to the Department's
requests for information, we drew an adverse inference where
appropriate in selecting from among the facts otherwise available.\3\
For further information, see ``Use of Facts Otherwise Available and
Adverse Inferences'' in the Preliminary Decision Memo.
---------------------------------------------------------------------------
\3\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memo, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (``AD'') investigation
of domestic dry containers from the PRC based on a request made by the
petitioner. Consequently, the final CVD determination will be issued on
the same date as the final AD determination, which is currently
scheduled to be issued no later than February 2, 2015, unless
postponed.
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each exporter/producer of the subject
merchandise individually investigated. We preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Exporter/Producer Subsidy rate
------------------------------------------------------------------------
CIMC International Marine Containers (Group) Co., Ltd. 10.46%
(CIMC Group); CIMC Containers Holding Co., Ltd. (CIMC
Holding); CIMC Wood Development Co., Ltd. (CIMC Wood);
Guangdong Xinhui CIMC Special Transportation Equipment
Co., Ltd. (Xinhui Special); Qingdao CIMC Containers
Manufacture Co., Ltd. (Qingdao CIMC); Nantong CIMC-
Special Transportation Equipment Manufacture Co., Ltd.
(Nantong CIMC); Xinhui CIMC Container Co., Ltd. (Xinhui
Container); and Xinhui CIMC Wood Co., Ltd. (Xinhui
Wood) (collectively, ``CIMC'').........................
Hui Zhou Pacific Container Co., Ltd.; Qingdao Pacific 7.13%
Container Co., Ltd.; and Qidong Singamas Energy
Equipment Co., Ltd. (collectively, ``Singamas'').......
All-Others.............................................. 8.79%
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection to suspend liquidation
of all entries of domestic dry containers from the PRC that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others rate'', which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Notwithstanding the language
of section 705(c)(5)(A)(i) of the Act, we have not calculated the
``all-others'' rate by
[[Page 58322]]
weight averaging the rates of the two individually investigated
respondents, because doing so risks disclosure of proprietary
information. Therefore, for the ``all-others'' rate, we calculated a
simple average of the two responding firms' rates.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
Disclosure and Public Comment
The Department will disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments for all non-scope
issues may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than seven days after the date on which the final
verification report is issued in this proceeding, and rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\4\ A table of
contents, list of authorities used and an executive summary of issues
should accompany any briefs submitted to the Department. This summary
should be limited to five pages total, including footnotes.
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\4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using IA ACCESS. An electronically filed request
for a hearing must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5:00 p.m. Eastern
Time, within 30 days after the date of publication of this notice.\5\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date and time to be
determined. Parties will be notified of the date and time of any
hearing. The hearing will be limited to issues raised in the respective
briefs.\6\
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\5\ See 19 CFR 351.310(c).
\6\ Id.
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating 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, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memo
I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Respondent Selection
VII. Injury Test
VIII. Application of the Countervailing Duty Law to Imports from the
PRC
IX. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
X. Benchmarks and Discount Rates
A. Short-Term RMB-Denominated Loans
B. Long-Term RMB-Denominated Loans
C. Foreign Currency-Denominated Loans
D. Discount Rates
XI. Use of Facts Otherwise Available and Adverse Inferences
XII. Analysis of Programs
A. Programs Preliminarily Determined to Be Countervailable
1. Preferential Loans to SOEs
2. Export Seller's Credits from China Ex-Im
3. Provision of Electricity for LTAR
4. Provision of Hot-Rolled Sheet and Plate for LTAR
5. Provision of Hot-Rolled Steel I-Beams for LTAR
6. Two Free/Three Half Program for Foreign Invested Enterprises
(FIEs)
7. Preferential Tax Programs for Enterprises Recognized as High
or New Technology Enterprises (HNTEs)
8. Enterprise Tax Law Research and Development Program Grants
B. Programs Preliminary Determined Not to Be Used During the POI
1. Export Buyer's Program
C. Programs With No Measurable Benefit
1. ``Famous Brands'' Program
2. Other Grants to Singamas
D. Programs For Which Additional Information is Needed
1. Other Grants to CIMC
XIII. Verification
XIV. Conclusion
[FR Doc. 2014-23130 Filed 9-26-14; 8:45 am]
BILLING CODE 3510-DS-P
