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]

Download as PDF 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will be applied retroactively to entries of ravioli and tortellini filled with cheese and/or vegetables, entered or withdrawn from 12 See Initiation and Preliminary Results.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. VerDate Sep<11>2014 16:44 Sep 26, 2014 Jkt 232001 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. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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: E:\FR\FM\29SEN1.SGM 29SEN1 58321 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 http:// 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 http://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. VerDate Sep<11>2014 16:44 Sep 26, 2014 Jkt 232001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29SEN1.SGM 29SEN1 58322 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. VerDate Sep<11>2014 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) PO 00000 Frm 00010 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). E:\FR\FM\29SEN1.SGM 29SEN1

Agencies

[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]


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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 http://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 http://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.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.310(c).
    \6\ Id.
---------------------------------------------------------------------------

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